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Arbitration hearings may resemble litigation because attorneys typically represent the parties , the discovery process can be time-consuming , and witnesses testify under oath . The defense has battered the government for showing this tape to the jury and to witnesses because it contained a segment from defendant Shelby that was supposed to be shown at the conference but was never actually played . Victims , and witnesses , simply refuse to co-operate.The result is that fewer such crimes are successfully prosecuted , and many of those that are must be plea-bargained down because of evidentiary problems stemming from the lack of cooperation . Since the gospel first came to certain chosen witnesses by way of revelation , it must be accepted on their testimony . Previous expert witnesses have brought to this Committee 's attention the fact that the Yugoslavia Tribunal has permitted use of " anonymous witnesses , " whose identity was withheld from the defendant .