PROSECUTOR v ISSA HASSAN SESAY & ORS - RULING ON DISCLOSURE REGARDING WITNESS TF1-015 (Case No. SCSL-04-15-T) [2005] SCSL 17 (28 January 2005);
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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
THE TRIAL CHAMBER
Before:
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Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson Hon. Justice Pierre Boutet |
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Registrar:
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Robin Vincent
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Date:
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28th of January 2005
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PROSECUTOR
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Against
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ISSA HASSAN SESAY
MORRIS KALLON AUGUSTINE GBAO (Case No. SCSL-04-15-T) |
RULING ON DISCLOSURE REGARDING WITNESS TF1-015
Office of the Prosecutor:
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Defence Counsel for Issa Hassan Sesay:
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Luc Côté
Lesley Taylor Peter Harrison |
Wayne Jordash
Sareta Ashraph
Defence Counsel for Morris Kallon:
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Shekou Touray
Melron Nicol-Wilson |
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Defence Counsel for Augustine Gbao:
Andreas O’Shea John Cammegh |
THE TRIAL CHAMBER (“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 objection raised by the Defence Counsel for the three Accused Issa Hassan Sesay, Morris Kallon and Augustine Gbao made on the 28th of January 2005 during the in-chief examination of Prosecution Witness TF1-015;
NOTING Rule 66 of the Rules of Procedure and Evidence of the Special Court (“Rules”);
THE TRIAL CHAMBER HEREBY ISSUES ITS RULING:
- This is the unanimous ruling of the Chamber on the objection raised by the Defence to certain pertinent portions o the testimony of Witness TF1-015.
- The Chamber is of the opinion that in relation to the matters complained of by the defence regarding the circumstances of the alleged arrest and mistreatment of this witness by Captain Banya, there has been a breach of Rule 66 of the Rules of the Court.
- In these circumstances, we ORDER that the Prosecution disclose fully by the latest the end of this 28th day of January 2005 all information on the aforesaid matters and any undisclosed related information provided by this witness to the Office of the Prosecutor.
- Consequently, the trial is adjourned to Monday, the 31st of January 2005 at 9:30 a.m.
Done in Freetown, Sierra Leone, this 28th day of January 2005
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Hon. Justice Pierre Boutet
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Hon. Justice Benjamin Mutanga Itoe
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Hon. Justice Bankole Thompson
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Presiding Judge
Trial Chamber |
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[Seal of the Special Court]
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