19. With respect to the fact that the Amicus Report[1] did not establish when Witness BTH gave false testimony or which portions of his evidence were false, and the Trial Chamber’s finding that as a result any indictment would necessarily be insufficiently precise, the Appeals Chamber finds that the Trial Chamber applied the incorrect legal test. The legal test is whether there are “sufficient grounds to proceed against a person for giving false testimony”.[2] The ICTY Appeals Chamber in the Šešelj case held that “the ‘sufficient grounds’ standard under Rule 77(D) of the ICTY Rules only requires the Trial Chamber to establish whether the evidence before it gives rise to a prima facie case of contempt of the Tribunal and not to make a final finding on whether contempt has been committed”.[3] While the Šešelj Decision concerned the initiation of contempt proceedings under Rule 77 of the ICTY Rules rather than proceedings for false testimony under Rule 91 of the Rules, the Appeals Chamber observes that the language in the two rules is identical with respect to the initiation of proceedings.[4] It therefore considers that since the “sufficient grounds” requirement, as prescribed in Rule 77 of the ICTY Rules, is satisfied where the evidence establishes a prima facie case, the “sufficient grounds” requirement of Rule 91(C) of the Rules is also satisfied by the existence of evidence which establishes a prima facie case. Accordingly, the Appeals Chamber finds that the Trial Chamber erred in basing its decision upon the fact that the Amicus Report did not determine when Witness BTH gave false testimony or which portions of his evidence were false because this does not necessarily preclude the existence of a prima facie case of false testimony.