PROSECUTOR v SAM HINGA NORMAN & ORS - KONDEWA - SCHEDULING ORDER FOR IN CHAMBERS HEARING (SCSL-04-14-PT ) [2004] SCSL 76 (28 April 2004);


SPECIAL COURT FOR SIERRA LEONE
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IN THE TRIAL CHAMBER


Before:
Judge Pierre Boutet,
Designated Judge
Registrar:
Robin Vincent
Date:
28 April 2004
PROSECUTOR
Against
Sam Hinga Norman
Moinina Fofana
Allieu Kondewa
(Case No.SCSL-04-14-PT)

KONDEWA – SCHEDULING ORDER FOR IN CHAMBERS HEARING


Office of the Prosecutor:

Defence Counsel for Allieu Kondewa:
Luc Côté
Jim Johnson

Charles Margai







THE SPECIAL COURT FOR SIERRA LEONE (“Special Court”)


I, JUDGE PIERRE BOUTET, sitting as Designated Judge pursuant to Rule 28 of the Rules of Procedure and Evidence (“Rules”);


NOTING the Motion for Judicial Notice and Admission of Evidence (“Judicial Notice Motion”) filed on 2 April 2004 by the Office of the Prosecutor (“Prosecution”);


SEIZED OF the Defence Motion Requesting an Extension of Time Within Which to Respond to Prosecution’s Motion for Judicial Notice and Admission of Evidence (“Motion”), filed on 23 April 2004 on behalf of Allieu Kondewa (“Accused”);


NOTING that, in particular, the Motion seeks extension of time to file any response to the Judicial Notice Motion on the basis that it is premature and ill-conceived at this stage of the proceeding having regards the to the fact that full disclosure of witnesses statements by the Prosecution did not yet take place;[1]


NOTING that the Prosecution has not yet filed any response to the Motion;


RECOGNIZING that there is a requirement to proceed as soon as possible with this matter;


FINDING that the right of the Accused to a fair and expeditious consideration of the Motion requires the imposition of a shorter timetable;


RECALLING the Order made orally at the Pre-Trial Conference held on 28 April 2004;


PURSUANT TO Rule 7(C), Rule 54 and Rule 73(A) of the Rules;


DECIDE that the Motion will be determined essentially on the basis of oral submissions of the parties; and, for this purpose,


ORDER that oral submissions on the Motion will be heard at a hearing limited to the Prosecution and Counsel for the Accused to be held in Chambers before me on Thursday, 29 April 2004, at 4.00pm; and,


CONSEQUENTLY INSTRUCT the Registry and, in particular, the Court Management Section, to facilitate the execution of the Orders above.

Done in Freetown, this 28 April 2004

Judge Pierre Boutet


Designated Judge


[Seal of the Special Court]


[1] Motion, paras 8-10.