PROSECUTOR v SAM HINGA NORMAN & ORS - ORDER FOR EXTENSION OF TIME TO THE SECOND ACCUSED TO FILE ADMISSIONS OF FACT AND STATEMENT OF MATTERS NOT IN DISPUTE (SCSL-04-14-T ) [2006] SCSL 37 (31 March 2006);
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:
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Hon. Justice Pierre Boutet, Presiding Judge
Hon. Justice Bankole Thompson Hon. Justice Benjamin Mutanga Itoe |
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Registrar:
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Mr. Lovemore G. Munlo, SC
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Date:
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31st of March, 2006
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PROSECUTOR
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Against
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SAM HINGA NORMAN
MOININA FOFANA ALLIEU KONDEWA (Case No.SCSL-04-14-T) |
Public Document
ORDER FOR EXTENSION OF TIME TO THE SECOND ACCUSED TO FILE
ADMISSIONS OF FACT AND STATEMENT OF MATTERS NOT IN DISPUTE
Office of the Prosecutor:
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Court Appointed Counsel for Sam Hinga
Norman:
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James Johnson
Kevin Tavener |
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Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr. Alusine Sani Sesay Court Appointed Counsel for Moinina
Fofana:
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Victor Koppe
Arrow Bockarie Michiel Pestman |
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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. Justice Pierre
Boutet,
Presiding Judge, Hon. Justice Bankole Thompson and Hon. Justice Benjamin
Mutanga Itoe;
MINDFUL OF the “Consequential Order to the Status
Conference of 22 March, 2006” filed on the 23rd
of March, 2006 (“Order”), ordering, inter alia, Court
Appointed Counsel for all three Accused persons to “file with the Court
admissions by the Parties and a statement of
other matters which are not in
dispute, by the 3rd of April, 2006, at 1
p.m.”;
SEIZED OF the “Fofana Request for Extension of Time to File Admissions of Fact and Statement of Matters Not in Dispute” filed by Court Appointed Counsel for the Second Accused (“Counsel for Fofana”) on the 29th of March, 2006 (“Motion for Extension of Time”);
CONSIDERING that Counsel for Fofana requests that they be permitted to file their admissions of fact and statement of matters not in dispute after the 10th of April, 2006 on the basis that they are “currently considering proposed admissions of fact recently submitted informally by the Office of the Prosecutor” and that such proposed admissions will be discussed at the meetings which have been scheduled for the week of the 3rd of April, 2006 in the Netherlands, in order to take a final decision on drafts already in preparation;[1]
MINDFUL OF the rights of the Accused, and in particular of the provision of Article 17(4)(b) of the Statute of the Special Court for Sierra Leone (“Statute”) on the right “to have adequate time and facilities for the preparation of his or her defence”;
NOTING that the Special Court will observe a judicial recess from Monday, the 10th of April, 2006 until Monday, the 24th of April, 2006, “during which period the Court Management Section of the Registry will not accept any documents for filing”;[2]
NOTING that the seventh trial session in this case is scheduled to commence on the 3rd of May, 2006 with a preceding Status Conference on the 2nd of May, 2006;
CONSIDERING that the request for an extension of time is reasonable given the present circumstances and, in particular, that the seventh trial session will commence with the continuing presentation of the Defence case for the First Accused;
PURSUANT to Article 17(4)(b) of the Statute and Rules 7bis and 54 of the Rules;
HEREBY GRANTS the Motion for Extension of Time;
AND, CONSEQUENTLY
ORDERS Counsel for Fofana to comply with the Order and file the admissions by the Prosecution and the Second Accused and a statement of other matters which are not in dispute by the 25th of April, 2006, at 11:00 a.m.
Done in Freetown, Sierra Leone, this 31st day of March, 2006.
Hon. Justice Benjamin Mutanga Itoe
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Hon. Justice Pierre Boutet
Presiding Judge Trial Chamber I |
Hon. Justice Bankole Thompson
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[Seal of the Special Court for Sierra Leone]
[1] Motion for
Extension of Time, para
2.
[2] Order of the
President of the Special Court “Order Designating Judicial Recess”,
of 20 January, 2006.