PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER TO SHOW CAUSE AND SCHEDULING ORDER (SCSL-04-16-T) [2005] SCSL 64 (05 May 2005);

PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER TO SHOW CAUSE AND SCHEDULING ORDER - Case No.SCSL-04-16-T [2005] SCSL 64 (5 May 2005)

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TRIAL CHAMBER II


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

ORDER TO SHOW CAUSE AND SCHEDULING ORDER


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. Manly-Spain

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;

  1. RECALLING the Defence Application to have the motion for withdrawal of Counsel made confidential, ex parte and under seal for reasons of client - lawyer privilege;[1]
  2. RECALLING the Prosecutor’s oral response to the Defence application;[2]
  3. RECALLING the Trial Chamber’s ruling granting the Defence application;[3]
  4. HAVING CONSIDERED
    1. The “Confidential Joint Defence Submissions on the Withdrawal of Counsel in the AFRC Case” filed on 5 May 2005 on behalf of Alex Tamba Brima and Brima Bazzy Kamara,
    2. The “Confidential, ex parte and under Seal Kanu - Defence Motion to Inform the Trial Chamber on the Legal Position of the Defence in View of Contempt of Court Developments” filed on 4 May 2005, and
    3. The “Principal Defender’s Confidential ex parte Submission Regarding Issues Pertaining to Withdrawal of Counsel” filed on 5 May 2005;
  5. The Trial Chamber is unable to find any facts in the above named documents, the disclosure of which would be in breach of lawyer - client privilege.
  6. The Trial Chamber therefore calls upon Counsel for the Accused to show cause why the above named documents should not be disclosed in their entirety to the Prosecution in order to afford the Prosecution an opportunity to file a response thereto.

THE TRIAL CHAMBER ORDERS

  1. Defence shall file their answer, if any, by 10 a.m. on 6 May 2005.
  2. Court shall resume at 11 a.m. on 6 May 2005.

Done at Freetown, Sierra Leone, this 5th day of May 2005.

     
Judge Richard Lussick
Judge Teresa Doherty
Presiding Judge
Judge Julia Sebutinde

[Seal of the Special Court for Sierra Leone]

[1] Transcripts of 3 May 2005, page 4, line 20 ff.
[2] Transcripts of 3 May 2005, page 6, line 20 ff..
[3] Transcripts of 3 May 2005, page 7, line 23 ff..