PROSECUTOR v SAM HINGA NORMAN & ORS - DECISION ON EXTREMELY URGENT DEFENCE MOTION FOR MODIFICATION OF THE ORDER FOR EXPEDITED FILING (SCSL-04-14-T ) [2005] SCSL 179 (07 December 2005);


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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TRIAL CHAMBER I


Before:
Hon. Justice Pierre Boutet, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Benjamin Mutanga Itoe
Interim Registrar:
Mr. Lovemore Munlo SC
Date:
7th of December 2005
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

DECISION ON EXTREMELY URGENT DEFENCE MOTION FOR MODIFICATION OF THE ORDER FOR EXPEDITED FILING


Office of the Prosecutor:
Court Appointed Counsel for Sam Hinga Norman:
Luc Côté
James Johnson
Kevin Tavener
Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.
Clare da Silva (Legal Assistant)

Court Appointed Counsel for Moinina Fofana:


Victor Koppe
Arrow Bockarie
Michiel Pestman
Andrew Ianuzzi (Legal Assistant)


Court Appointed Counsel for Allieu Kondewa:
Charles Margai
Yada Williams
Ansu Lansana
Martin Michael (Legal Assistant)

TRIAL CHAMBER I (“the Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Hon. Justice Pierre Boutet, Presiding Judge, Hon. Justice Bankole Thompson and Hon. Justice Benjamin Mutanga Itoe;

HAVING RECEIVED the “Prosecution Request to Order to the Defence Pursuant to Rule 73ter to Disclose Written Witness Statements” on the 7th of December, 2005 (“Prosecution Request”), filed by the Office of the Prosecutor (“Prosecution”);

MINDFUL of the “Order Concerning the Preparation and Presentation of the Defence Case” of the 21st of October 2005 and of the “Consequential Order for Compliance with the Order Concerning the Preparation and Presentation of the Defence Case” of the 28th of November, 2005;

MINDFUL of the Order for Expedited Filing of the 7th of December, 2005, providing, inter alia, that any response by the Defence to the Prosecution Request shall be filed no later than tomorrow, Thursday, the 8th of December, 2005, at 04:00pm;

SEIZED OF the “Extremely Urgent Defence Request for Modification of the 7 December 2005 Order for Expedited Filing of Trial Chamber I, filed jointly by Defence for the First Accused, Hinga Norman, and the Second Accused, Moinina Fofana, on the 7th of December, 2005 (“Defence Motion”), by which the Defence requests to be granted pursuant to Rule 7(C) of the Rules of Procedure and Evidence of the Special Court (“Rules”) until Monday, the 12th of December, 2005 to file a response to the Prosecution Request;

CONSIDERING the Response to the Defence Motion filed by the Prosecution on the 7th of December, 2005, opposing the Motion;

CONSIDERING the rights of the Accused and, in particular, that Article 17(4)(c) of the Statute of the Special Court provides that the Accused shall be entitled “to be tried without undue delay”;

SATISFIED that the Order for Expedited Filing provides for sufficient time for the Defence, in the present circumstances, to properly respond, if it intends to do so, to the Prosecution Request;


PURSUANT TO Rule 7(C), 7bis, 26bis, 54, 73 and 73ter of the Rules;

HEREBY DISMISSES the Defence Motion
AUTHORIZES the Court Management Section of the Special Court to serve the present order after 5:00pm, today the 1st of December, 2005.


Done at Freetown, Sierra Leone, this 7th day of December, 2005.



Hon. Justice Benjamin Mutanga Itoe
Hon. Justice Pierre Boutet
Presiding Judge,
Trial Chamber I
Hon. Justice Bankole Thompson

[Seal of the Special Court for Sierra Leone]