TRIAL CHAMBER I

DECISION ON PROSECUTION REQUEST FOR CLARIFICATION OF STATUS OF DMK-400 AND DMK-422

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 Clarification of Status of DMK-400 and DMK-422 filed publicly by the Office of the Prosecutor, (“Prosecution”) on the 23rd of May 2008 (“Request”);

NOTING the Urgent Kallon Defence Application for the Admission of the Witness Statements of DMK-422 and DMK-400 Under Rule 92bis or, in the Alternative, under Rule 92 ter, filed publicly with confidential Annexes on the 22nd of May 2008 (“Application”);

NOTING that in the aforesaid Application, the Kallon Defence referred to witnesses in their pseudonyms to wit: DMK-400 and DMK-422;

NOTING that the Defence filed the statements of the aforesaid witnesses confidentially;

MINDFUL of the Chamber Decision of 21st April 2008 which denied the Defence Request for Trial-Related Protective Measures for DMK-400 and DMK-422 amongst others[1];

PURSUANT to Rules 26bis and 54 of the Rules of Procedure and Evidence (“Rules”);

HEREBY ORDERS as follows:

1. That the Defence files a Corrigendum referring to witnesses DMK-400 and DMK-402 in their proper names and not with pseudonyms;
2. That the Defence files the statements of DMK-400 and DMK-402 publicly;
3. That the Prosecution and the Other Parties file their response publicly;
4. That the name of DMK- 444 be disclosed and that the redacted portion of the transcript with the name of the said witness DMK-444 be unredacted[2].
   

[1] Prosecutor v. Sesay et al, SCSL-04-15, Decision on Kallon Request for Leave to Vary Witness List and for Protective Measures and Confidential Annex A, 21 April 2008, para. 3.

[2] See Transcript, 19 May 2006.