PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER UNDER RULE 16 TO CONTINUE TRIAL IN THE ABSENCE OF A JUDGE (SCSL-04-16-T ) [2005] SCSL 142 (11 October 2005);


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TRIAL CHAMBER II


Before:
Justice Teresa Doherty, Presiding Judge
Justice Richard Lussick
Justice Julia Sebutinde
Registrar:
Lovemore Munlo
Date:
11 October 2005
PROSECUTOR
Against
Alex Tamba Brima
Brima Bazzy Kamara
Santigie Borbor Kanu
(Case No.SCSL-04-16-T)

ORDER UNDER RULE 16 TO CONTINUE TRIAL IN THE ABSENCE OF A JUDGE


Office of the Prosecutor:
  
Defence Counsel for Alex Tamba Brima:
Luc Côté
Lesley Taylor
James Hodes
Melissa Pack
  
Kojo Graham
Glenna Thompson
   
Defence Counsel for Brima Bazzy Kamara:
Andrew Daniels
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 Justice Teresa Doherty, presiding, Justice Richard Lussick and Justice Julia Sebutinde;

NOTING that Justice Doherty is unable to continue to sit in the trial for a short duration;

BEING SATISFIED that it would be in the interests of justice to continue in the absence of Justice Doherty, in accordance with the Rule 16 (A) of the Rules of Procedure and Evidence of the Special Court ("Rules"),

NOTING the provisions of Rule 16 (A) of the Rules, which state:

If a Judge is unable to continue sitting in a proceeding, trial or appeal which has partly been heard for a short duration and the remaining Judges are satisfied that it is in the interests of justice to do so, those remaining Judges may order that the proceeding, trial or appeal continue in the absence of that Judge for a period of not more than five working days.

NOTING the provision of Rule 27(D) of the Rules, which state:

The provisions of Rule 17 will apply in the event of the Presiding Judge being unable to carry out his functions.

NOTING the provisions of Rule 17(B) of the Rules, which state:

Judges elected on different dates shall take precedence according to the dates of their election or appointment; Judges elected or appointed on the same date shall take precedence according to age.

NOTING that pursuant to the said Rule 17 (B), Justice Lussick will act as Presiding Judge in the absence of Justice Doherty;

HEREBY ORDERS that the trial continue in the absence of Justice Doherty for a period of not more than five working days from today.


Done at Freetown, Sierra Leone, this 11th day of October 2005.

     
Justice Julia Sebutinde
  
Justice Richard Lussick

[Seal of the Special Court for Sierra Leone]