PROSECUTOR v SAM HINGA NORMAN & ORS - DECISION ON THE URGENT PROSECUTION MOTION FILED ON THE 15TH OF FEBRUARY 2005 FOR A RULING ON THE ADMISSIBILITY OF EVIDENCE (SCSL-04-14-T) [2005] SCSL 77 (23 May 2005);

O
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


TRIAL CHAMBER I


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Robin Vincent
Date:
23rd of May, 2005
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

DECISION ON THE URGENT PROSECUTION MOTION FILED ON THE 15TH OF FEBRUARY 2005 FOR A RULING ON THE ADMISSIBILITY OF EVIDENCE


Office of the Prosecutor:
  
Court Appointed Counsel for Sam Hinga Norman:
Luc Côté
James Johnson
Kevin Tavener
  
Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.

Court Appointed Counsel for Moinina Fofana:
   
Michiel Pestman
Arrow Bockarie
Victor Koppe
   
Court Appointed Counsel for Allieu Kondewa:
Charles Margai
Yada Williams
Ansu Lansana

TRIAL CHAMBER I (“The Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Hon. Justicee Benjamin Mutanga Itoe, Presiding Judge, Hon. Justice Bankole Thompson, and Hon. Justice Pierre Boutet;


SEIZED of the Urgent Prosecution Motion for a Ruling on the Admissibility of Evidence filed by the Prosecution on the 15th of February, 2005;


NOTING the Response of First Accused to Prosecution’s “Urgent Prosecution Motion for a Ruling on the Admissibility of Evidence” and Objection to Other Crimes Evidence, filed by Court Appointed Counsel for the First Accused on the 18th of February, 2005;


NOTING the Prosecution Reply to ‘Response of First Accused to Prosecution’s “Urgent Prosecution Motion for a Ruling on the Admissibility of Evidence” and Objection to Other Crimes Evidence’, filed on the 23rd of February 2005;


NOTING the Response of the Second Accused to Urgent Prosecution Motion for Ruling on the Admissibility of Evidence, filed on the 25th of February, 2005;


NOTING the Response of Third Accused to Prosecution’s Urgent Motion for a Ruling on the Admissibility of Evidence, filed on the 28th of February, 2005;


NOTING Prosecution Reply to “Response of the Second Accused to Urgent Prosecution Motion for Ruling on the Admissibility of Evidence”, filed on the 2nd of March, 2005;


NOTING the Prosecution Reply to “Response of Third Accused to Prosecution’s Urgent Motion for a Ruling on the Admissibility of Evidence”, filed on the 4th of March, 2005;


PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Special Court for Sierra Leone (“Rules”);


ISSUES THE FOLLOWING DECISION:


  1. Having carefully considered the merits of the Urgent Motion filed by the Prosecution on the 15th of February 2005 for a Ruling on the Admissibility of Evidence seeking clarification on (i) the extent to which the Trial Chamber’s Decision of the 20th of May, 2004, limits the adduction of particular relevant and admissible evidence, under existing counts in the Indictment, and (ii) the extent to which those portions of certain witnesses’ testimonies relating to certain unlawful acts can be adduced under existing counts, as such Counts 3 and 4;
  2. And having further carefully considered the Response of the Defence to the aforesaid Motion, and the Prosecution’s Reply thereto;
  3. The Chamber, by a Majority Decision, denies the Motion.

Hon. Justice Pierre Boutet dissents from the Majority Decision.


A reasoned written Decision will be published in due course to which shall be appended the Dissenting Opinion by Hon. Justice Pierre Boutet.


Done in Freetown, Sierra Leone, this 23rd day of May, 2005



Hon. Justice Pierre Boutet
Hon. Justice Benjamin Mutanga Itoe
Presiding Judge,
Trial Chamber I
Hon. Justice Bankole Thompson

[Seal of the Special Court for Sierra Leone]