O
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
PHONE: +1 212 963 9915 Extension: 178 7000 or +39 0831 257000 or +232 22 295995
FAX: Extension: 178 7001 or +39 0831 257001 Extension: 174 6996 or +232 22 295996

TRIAL CHAMBER I

Public Document

DECISION ON GBAO REQUEST FOR LEAVE TO RAISE
OBJECTIONS TO THE FORM OF THE INDICTMENT

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

SEIZED of the Request for Leave to Raise Objections to the Form of the Indictment, filed by Defence Counsel for the Third Accused, Augustine Gbao (“Defence”) on the 23rd of August 2007 (“Request”);

NOTING the Response to the Motion filed by the Office of the Prosecutor (“Prosecution”) on the 31st of August 2007 (“Response”) and the Reply thereto filed by the Defence on the 5th of September 2007 (“Reply”);

MINDFUL of the Judgment of Trial Chamber II of the Special Court in the case of Prosecutor v. Brima, Kamara and Kanu rendered on the 20th of June 2007 and the Notice Concerning Joint Criminal Enterprise and Raising Defects in the Indictment filed by the Prosecution on the 3rd of August 2007;

MINDFUL of the Corrected Amended Consolidated Indictment against the First, Second and Third Accused (“Indictment”) filed by the Prosecution on the 2nd of August 2006;

RECALLING the Judgment of this Trial Chamber in the case of Prosecutor v. Fofana and Kondewa rendered on the 2nd of August 2007;

RECALLING the previous Decisions of this Trial Chamber concerning the making of objections to the form of the Indictment, including the Oral Decision on RUF Motions for Acquittal Pursuant to Rule 98 rendered on the 25th of October 2006;

CONSIDERING that in all the circumstances it would be more appropriate for the Trial Chamber to address any objections to the form of the Indictment at the end of the case rather than during the course of the trial;

CONSIDERING that the fact that the Defence sought to raise objections at this stage ought to be taken into account by the Trial Chamber when it ultimately considers the issue;

PURSUANT to Articles 16 and 17 of the Statute of the Special Court (“Statute”) and Rules 26bis and 72 of the Rules of Procedure and Evidence (“Rules”);
HEREBY DISMISSES the Motion in its entirety.