16 and content of relevant and admissible evidence that could not be called at trial was such as to create an inequality of arms that served to frustrate a fair trial. 59 36. Finally, the Defence contends that the fact that trial counsel did not file a motion seeking a stay of trial proceedings should not be held to prevent the Defence from raising the matter of denial of a fair trial on appeal. In this respect, the Defence maintains that trial counsel might have been unaware of the degree of obstruction by the Bosnian Serb authorities in preventing the discovery of witnesses helpful to the Defence case. 60 It is further pointed out that lead trial counsel in his opening statement emphasised that the prevailing conditions might frustrate the fairness of the trial. Defence counsel opined that trial counsel’s decision not to seek an adjournment of the proceedings could be attributed to the wish not to prolong the extended period of the Appellant’s pre-trial detention. 61 2. The Prosecution Case 37. The Prosecution argues that equality of arms means procedural equality. According to the Prosecution, this principle entitles both parties to equality before the courts, giving them the same access to the powers of the court and the same right to present their cases. However, in its view, the principle does not call for equalising the material and practical circumstances of the two parties. Accordingly, it is contended that the claim of the Defence that it was unable to secure the attendance of important witnesses at trial does not demonstrate that there has been an inequality of arms, unless that inability was due to a relevant procedural disadvantage suffered by the Defence. It is asserted that while the obligation of the Trial Chamber is to place the parties on an equal footing as regards the presentation of the case, that Chamber cannot be responsible for factors which are beyond its capacity or competence. 62 38. The Prosecution does not deny that in certain circumstances it could amount to a violation of fundamental fairness or “manifest injustice” to convict an accused who was unable to obtain and present certain significant evidence at trial. In its view, however, this 59 T. 52-53 (19 April 1999). T. 50-51 (19 April 1999). 61 T. 45-49(19 April 1999). 62 Prosecution’s Response to Appellant’s Brief on Judgement, paras. 3.8–3.16, 3.30. 60 Case No.: -94-1-A 15 July 1999