Tokens: 9
.
It
can
not
be
denied
-
and
indeed
it
has
not
been
denied
-
that
the
possibilities
for
the
defence
to
interrogate
the
witnesses
were
not
without
limitations
.
Nor
are
they
always
without
limitations
in
normal
situations
,
where
the
identity
of
the
witnesses
is
known
to
the
defence
.
The
fact
that
certain
questions
were
not
answered
by
witnesses
and
that
this
was
accepted
by
the
investigating
judge
may
be
open
to
criticism
but
this
would
in
all
probability
also
have
occurred
had
the
witnesses
been
interrogated
in
open
court
in
some
form
of
disguise
.
It
may
therefore
be
questioned
whether
it
was
necessary
and
proportionate
to
refuse
to
answer
certain
questions
put
by
the
defence
in
order
to
protect
the
anonymity
of
the
witnesses
and
the
secrecy
of
the
police
tactics
.
However
,
this
question
has
to
be
answered
primarily
by
the
competent
domestic
court
,
and
indeed
it
was
answered
in
the
affirmative
by
the
investigating
judge
,
and
after
his
decision
was
challenged
by
the
defence
before
the
Court
of
Appeal
,
by
the
latter
as
well
.
On
the
whole
,
in
my
opinion
,
neither
the
limitations
necessitated
by
the
situation
nor
those
accepted
by
the
investigating
judge
were
such
as
to
warrant
the
finding
that
there
was
no
"
adequate
and
proper
opportunity
to
question
the
witnesses
"
as
required
by
the
Court
in
its
Kostovski
judgment
(
loc
.
cit
.
,
p.
20
,
para
.
41
)
.
The
handicaps
under
which
the
defence
laboured
were
,
therefore
,
sufficiently
counterbalanced
by
the
procedures
followed
by
the
judicial
authorities
(
see
the
Kostovski
judgment
previously
cited
,
p.
21
,
para
.
43
,
and
the
Doorson
judgment
previously
cited
,
p.
472
,
para
.
76
)
.
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