PROSECUTOR v SAM HINGA NORMAN & ORS - SCHEDULING ORDER FOR FILING FINAL TRIAL BRIEFS AND PRESENTING CLOSING ARGUMENTS (SCSL-04-14-T ) [2006] SCSL 123 (18 October 2006);


SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER I


Before:
Hon. Justice Bankole Thompson, Presiding Judge
Hon. Justice Pierre Boutet
Hon. Justice Benjamin Mutanga Itoe
Registrar:
Mr. Lovemore G. Munlo, SC
Date:
18th of October 2006
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

Public Document


SCHEDULING ORDER FOR FILING FINAL TRIAL BRIEFS
AND PRESENTING CLOSING ARGUMENTS


Office of the Prosecutor:

Court Appointed Counsel for Sam Hinga Norman:
Christopher Staker
James Johnson
Joseph Kamara
Mohammed A. Bangura

Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.
Alusine Sani Sesay

Court Appointed Counsel for Moinina Fofana:


Victor Koppe
Arrow Bockarie
Michiel Pestman
Steven Powles


Court Appointed Counsel for Allieu Kondewa:
Charles Margai
Yada Williams
Ansu Lansana
Susan Wright

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


RECALLING the “Order for Filing Final Trial Briefs and Presenting Closing Arguments”, issued by The Chamber on the 29th of September 2006 (“Order of the 29th of September 2006”);[1]


SEIZED OF the “Joint Prosecution-Defence Application for Additional Time to File Final Trial Briefs”, filed jointly by the Office of the Prosecutor (“Prosecution”) and Court Appointed Counsel for the First, Second and Third Accused on the 4th of October 2006 (“Application”);[2]


NOTING that the Application seeks to partially modify Order No 1 of The Chamber’s Order of the 29th of September 2006,[3] which states that:


Court Appointed Counsel for each Accused and the Prosecution shall file their respective final trial briefs on the same date as set by The Chamber in due course, and in any event within three weeks from the date that the Defence case for the Third Accused closes;


NOTING that the Application requests that the Parties be allowed to file their respective final trial briefs “six weeks from the close of all evidence in the CDF case”;[4]


NOTING that the Defence case for the Third Accused closed today, the 18th of October 2006,[5] and the Defence case for all Accused persons has therefore been closed on the said date;


CONSIDERING that no further evidence will be called in this case as The Chamber has dismissed the Prosecution’s motion to call rebuttal evidence at the closure of the Defence case;[6]


CONSIDERING, therefore, that the date ordered herein will provide the Parties with five weeks, after the closure of the case, for the preparation of final trial briefs;


REITERATING Orders No. 2 through No. 9 of The Chamber’s Order of the 29th of September 2006;


PURSUANT TO Rules 26bis, 54 and 86 of the Rules;


HEREBY ORDERS AS FOLLOWS:


  1. The Prosecution and Court Appointed Counsel for each Accused shall file their respective final trial briefs simultaneously on the 22nd of November 2006 by 4:00 p.m.;
  2. The Prosecution shall and Court Appointed Counsel for each Accused may present their respective closing arguments commencing on the 28th of November 2006 at 9:30 a.m. and continuing, if necessary, on the 29th of November 2006, in Courtroom I;
  3. The Parties shall inform The Chamber of the anticipated length of their closing arguments on the 27th of November 2006 by 1:00 p.m., which may thereafter be limited by The Chamber in the interests of justice;

Done in Freetown, Sierra Leone, this 18th day of October 2006.


_____________________________
Hon. Justice Benjamin Mutanga Itoe
__________________________
Hon. Justice Bankole Thompson
Presiding Judge
Trial Chamber I
_______________________
Hon. Justice Pierre Boutet

[Seal of the Special Court for Sierra Leone]


[1] SCSL-04-14-T-703.
[2] SCSL-04-14-T-711.
[3] Application, para. 2.
[4] Ibid., para. 5.
[5] Transcript of the 18th of October 2006.
[6] See, SCSL-04-14-T-715, “Prosecution Motion for Leave to Call Evidence in Rebuttal and for Immediate Protective Measures for Proposed Rebuttal Witness”, filed by the Prosecution on the 13th of October 2006, wherein the Prosecution: 1) sought leave of The Chamber to call one witness to rebut the evidence of the Defence witness Mohammed Fallon, who testified on behalf of the Second Accused; and 2) request immediate protective measures for this proposed rebuttal witness, if the first request is granted; see also oral ruling of The Chamber delivered in court, Transcript of the 18th of October 2006.