TRIAL CHAMBER I

ORDER RE-SCHEDULING STATUS CONFERENCE AND ORDER FOR SUBMISSIONS BY THE PROSECUTION

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

NOTING the “Order Concerning the Preparation and Presentation of the Defence Case” filed on the 21st of October 2005;

NOTING that a Status Conference was held pursuant to this Order on the 27th of October 2005 for the purpose of considering the preparation and presentation of the Defence case and in particular:
a.) the number of Defence witnesses that will be called for each Defence Team;
b.) whether joint witnesses will be called by the Defence Teams;
c.) whether expert witnesses will be called, and if so, the nature of such witnesses;
d.) whether the Accused will testify at trial;
e.) whether protective measures are necessary for Defence witnesses;
f.) the anticipated length of the Defence case;
g.) whether opening statements will be made by the Accused;

NOTING the “Joint Defence Materials Filed Pursuant to 21 October 2005 Order of Trial Chamber I and Request for Partial Modification Thereof” filed on the 17th of November 2005 (“Joint Defence Materials”);

NOTING the “Scheduling Order for Status Conference” filed on the 18th of November 2005, ordering that a further Status Conference shall be held on Wednesday, the 23rd of November 2005;

HAVING RECEIVED a request from the Defence for the Second Accused, Moinina Fofana, to postpone the said Status Conference due to its absence from Freetown on that date;

CONSIDERING that the Office of the Prosecutor (“Prosecution”) does not oppose to this request;

CONSIDERING that Article 17(4)(c) of the Statute of the Special Court provides that the Accused shall be entitled “to be tried without undue delay”;

CONSIDERING that, in the Joint Defence Materials, the Defence assured the Chamber that it will be ready to commence its case promptly on the 17th January 2005;[1]

CONSIDERING that it will be in the interest of justice to allow the Prosecution to put forward, if it wishes to do so, any submissions pertaining to the Joint Defence Materials within a prescribed time limit;

PURSUANT TO Rule 7(C), Rule 54 and Rule 65bis of the Rules of Procedure and Evidence of the Special Court;

HEREBY ORDERS as follows:

1. That the Status Conference shall be held on Friday, the 25th of November 2005 at 10:00am in Courtroom 1;
   
2. That the Prosecution shall file any submissions pertaining to the Joint Defence Materials, if it wishes to do so, by no later than Thursday, the 24th of November 2005, at 12:00pm;
   

[Seal of the Special Court for Sierra Leone]

[1] Prosecutor against Sam Hinga Norman, Moinina Fofana and Allieu Kondewa, Joint Defence Materials Filed Pursuant to 21 October 2005 Order of Trial Chamber I and Request for Partial Modification Thereof, 17 November 2005, para. 3.