Prosecutor v Alex Tamba Brima - Order for Interim Measures in Relation To Assignment of Counsel for Accused Brima (scsl-04-16-PT) [2004] SCSL 28 (12 February 2004);

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SPECIAL COURT FOR SIERRA LEONE
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THE TRIAL CHAMBER


Before:
Judge Bankole Thompson, Presiding Judge
Judge Benjamin Mutanga Itoe
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
12 February 2004
PROSECUTOR
Against
Alex Tamba Brima
Brima Bazzy Kamara
Santigie Borbor Kanu
(Case No.SCSL-04-16-PT)

ORDER FOR INTERIM MEASURES IN RELATION
TO ASSIGNMENT OF COUNSEL FOR ACCUSED BRIMA


Office of the Prosecutor:
 
Defence Counsel for Alex Tamba Brima:
Luc Côté
Robert Petit
Boi-Tia Stevens
 
Terence Terry

Defence Counsel for Brima Bazzy Kamara:
   
Ken Fleming
   
Defence Counsel for Santigie Borbor Kanu:
Geert-Jan Alexander Knoops
     

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


SEIZED OF a motion filed on 5 January 2004[1] (“Motion”) on behalf of Alex Tamba Brima (“Accused”) pursuant to Rule 72 of the Rules of Procedure and Evidence of the Special Court (“Rules”) and Article 12 of the Directive on the Assignment of Counsel, in which the Accused challenges the decision by the Acting Principal Defender not to enter a Legal Services Contract with the counsel assigned to the Accused on a provisional basis (“Provisional Counsel”) and further withdrawing such provisional assignment;


NOTING the responses filed to the Motion on 16 January 2004 by the Acting Principal Defender (“First Respondent”) and by the Registrar (“Second Respondent”), and the Accused’s replies to both responses on 19 January 2004;

NOTING FURTHER the in camera hearing held with the Provisional Counsel, the First Respondent, the Second Respondent and the Trial Chamber on 12 February 2004;

CONSIDERING THAT the Trial Chamber is currently deliberating on the Motion;

CONSIDERING FURTHER the Trial Chamber’s obligation to ensure the rights of the Accused under Article 17(4)(b) and 17(4)(d) of the Statute of the Special Court;

HEREBY ORDERS THAT Provisional Counsel, Mr. Terence Michael Terry, shall continue to represent the Accused in all matters before the Special Court until further Order.


Done at Freetown this 12th Day of February, 2004.

Judge Bankole Thompson

Judge Benjamin Mutanga Itoe

Judge Pierre Boutet
Presiding Judge,
Trial Chamber
   

[Seal of the Special Court for Sierra Leone]


[1] Applicant’s Motion against Denial by the Acting Principal Defender to Enter a Legal Service Contract for the Assignment of Counsel for and on behalf of the Accused Tamba Alex Brima the Applicant herein pursuant to Rule 72(B)(iv) of the Rules of Procedure and Evidence of the Special Court for Sierra Leone and pursuant to Article 12(A) of the Directive on the Assignment of Counsel of the Special Court for Sierra Leone, and under the Inherent Jurisdiction of the Trial Chamber of the Special Court for Sierra Leone.