PROSECUTOR v ALEX TAMBA BRIMA & ORS - SCHEDULING ORDER ON FILING OF A MOTION FOR JUDGEMENT OF ACQUITTAL (SCSL-04-16-T ) [2005] SCSL 138 (30 September 2005);


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TRIAL CHAMBER II


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

SCHEDULING ORDER ON FILING OF A MOTION FOR JUDGEMENT OF ACQUITTAL


Office of the Prosecutor:
Defence Counsel for Alex Tamba Brima:
Luc Côté
Lesley Taylor
Glenna Thompson
Kojo Graham


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 the Practice Direction on Filing of Documents before the Special Court for Sierra Leone (“Practice Direction”), adopted on the 27 February 2003, as amended on the 1 June 2003;

NOTING the submissions of the Prosecution at the Status Conference held on the 28 September 2005 (“Status Conference”) that its case is likely to close in the month of October 2005;

NOTING the joint Defence submission at the Status Conference that pursuant to Rule 98 of the Rules of Procedure and Evidence (“Rules”) each Defence Team intends to submit a Motion for a Judgement of Acquittal (“Motion”) on behalf of each Accused at the close of the case for the Prosecution;

CONSIDERING that it is in the interests of justice and in keeping with the conduct of a fair and expeditious trial, for the Trial Chamber to issue guidelines for the filing of a Motion for Judgement of Acquittal at this time;

PURSUANT TO Rules 26bis, 54 and 98 of the Rules;

HEREBY ORDERS:


  1. Any Motion for a Judgment of Acquittal shall be filed by the Defence in writing within three weeks from the date that the Prosecution case closes;
  2. That the length of any Joint Defence Motion relating to legal issues shall not exceed thirty (30) pages in length;
  3. That the length of any additional submissions on facts on behalf of each individual Accused shall not exceed 30 pages.
  4. That the Prosecution may file a Response to any Defence Motion within three weeks from the date of filing of such Defence Motion;
  5. That the length of the Prosecution Response to any Defence Motion shall not exceed 30 pages in length and should the Prosecution choose to file a single Response to all Defence Motions it shall not exceed 120 pages;
  6. That any Defence Reply to the Prosecution Response shall be filed within 5 days of the filing of the Prosecution Response and shall not exceed 10 pages in respect of each Accused;
  7. That Article 6(C) of the Practice Direction shall not apply to any motion or response or reply herein.

Done at Freetown this 30th day of September 2005.

Justice Richard Lussick
Justice Teresa Doherty
Justice Julia Sebutinde

[Seal of the Special Court for Sierra Leone]