PROSECUTOR v ALEX TAMBA BRIMA & ORS - DECISION ON THE DEFENCE MOTION FOR DEFECTS IN THE FORM OF THE INDICTMENT (SCSL-04-16-PT) [2005] SCSL 37 (02 March 2005);

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TRIAL CHAMBER II


Before:
Judge Teresa Doherty, Presiding Judge
Judge Richard Lussick
Judge Julia Sebutinde
Registrar:
Robin Vincent
Date:
2 March 2005
PROSECUTOR
Against
Alex Tamba Brima
Brima Bazzy Kamara
Santigie Borbor Kanu
(Case No.SCSL-04-16-PT)

DECISION ON THE DEFENCE MOTION FOR
DEFECTS IN THE FORM OF THE INDICTMENT


Office of the Prosecutor:
  
Defence Counsel for Alex Tamba Brima:
Luc Côté
Lesley Taylor
Boi-Tia Stevens
  
Kevin Metzger
Glenna Thompson
Kojo Graham
   
Defence Counsel for Brima Bazzy Kamara:
Wilbert Harris
Mohamed Pa-Momo Fofanah
   
Defence Counsel for Santigie Borbor Kanu:
Geert-Jan Alexander Knoops
Carry Knoops
Abibola E. Manley-Spaine

TRIAL CHAMBER II (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”), composed of Judge Teresa Doherty, presiding, Judge Richard Lussick and Judge Julia Sebutinde;

BEING SEISED of the Defence Motion for Defects in the Form of the Indictment (“the Motion”), filed on 1 March 2005 by the Accused Brima pursuant to Rule 72 of the Rules of Procedure and Evidence (“the Rules”);

NOTING that the Motion is a preliminary motion as defined by Rule 72(B) (ii) of the Rules;

NOTING that Rule 72(A) provides:

“Preliminary motions by either party shall be brought within 21 days following disclosure by the Prosecutor to the Defence of all the material envisaged by Rule 66(A)(i).”

NOTING that Rule 50(B) provides:

“If the amended indictment includes new charges and the accused has already made his initial appearance in accordance with Rule 61:

  1. A further appearance shall be held as soon as practicable to enable the accused to enter a plea on the new charges;
  2. Within seven days from such appearance, the Prosecutor shall disclose all materials envisaged in Rule 66(A)(i) pertaining to the new charges;
  3. The accused shall have a further period of ten days from the date of such disclosure by the Prosecutor in which to file preliminary motions pursuant to Rule 72 and relating to the new charges.”

NOTING that the Motion was filed on 1 March 2005;

NOTING that the disclosure referred to in Rule 72(A) for the initial Indictment dated 7 March 2003 was made by the Registrar on behalf of the Prosecution on 3 June 2003[1];

NOTING that in respect of the Amended Consolidated Indictment Judge Boutet ordered on 17 May 2004 that the time limit of ten days for filing preliminary motions to run from that date;[2]

FINDING accordingly that the Motion was clearly brought out of time in contravention of Rules 72(A) and 50(B)(iii);

HEREBY DISMISSES THE MOTION.

Done at Freetown this 2nd day of March 2005

     
Judge Richard Lussick
Judge Teresa Doherty
Presiding Judge
Judge Julia Sebutinde

[Seal of the Special Court for Sierra Leone]

[1] Letter of the Registrar to former Defence Counsel Terrence Terry, Service of Disclosure Materials in accordance with the ruling of Judge Bankole Thompson the Prosecution Motion for Immidiate Protective Measures for Witnesses and Victims and for Non Public Disclosure, Prosecutor v. Alex Tamba Brima, SCSL-2003-06-PT, dated 31 May 2003; acknowledgment of receipt of disclosed material by Defence Counsel Terrence Terry signed on 3 June 2003.
[2] Prosecutor v. Brima et al., Trancripts, Further Initial Appearance, 17 May 2004, page 24.