PROSECUTOR v SAM HINGA NORMAN & ORS - SCHEDULING ORDER FOR STATUS CONFERENCE (SCSL-04-14-T ) [2006] SCSL 34 (29 March 2006);


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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TRIAL CHAMBER I


Before:
Hon. Justice Pierre Boutet, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Benjamin Mutanga Itoe
Registrar:
Mr. Lovemore Munlo SC
Date:
29th of March, 2006
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

Public Document


SCHEDULING ORDER FOR STATUS CONFERENCE


Office of the Prosecutor:

Court Appointed Counsel for Sam Hinga Norman:
James Johnson
Kevin Tavener

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

Court Appointed Counsel for Moinina Fofana:


Victor Koppe
Arrow Bockarie
Michiel Pestman


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;


NOTING The Chamber’s “Scheduling Order for Status Conference” filed on the 3rd of March, 2006;


NOTING that a Status Conference was held pursuant to this Order on the 22nd of March, 2006 “in order to review the witness list of the First Accused and the expanded summaries of their witnesses and discuss with the Parties the possible reassessment of the witness list, the order of witnesses’ appearances, the comprehensiveness of witness summaries and their material relevance, common witnesses and any other-witness related matter, as may be brought by the Parties”;


NOTING that at this Status Conference The Chamber once again noted continuous delay and partial non-compliance with The Chamber’s Orders on the part of Court Appointed Counsel for the First Accused;[1]


NOTING The Chamber’s “Consequential Order to the Status Conference of 22 March 2006”, filed on the 23rd of March, 2006 (“Order of the 23rd of March, 2006”), whereby the Parties were ordered to file certain materials with the Court by the 3rd of April, 2006, at 1 p.m.;

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;


NOTING the letter from the Prosecutor, Mr. Desmond de Silva, to The Chamber of the 27th of March, 2006, whereby the Prosecutor submits that “in order to ensure the timely start and smooth running of the seventh CDF trial session, the Defence documents to be filed on 3 April 2006 should be reviewed for compliance with the Trial Chamber’s Order before the April judicial recess, to allow time for any continuing deficiencies to be rectified”;

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


CONSIDERING that in accordance with Rule 26bis of the Rules of Procedure and Evidence of the Special Court (“Rules”) The Chamber “shall ensure that a trial is fair and expeditious”;


CONSIDERING further that the Prosecution and Court Appointed Counsel for the Second and the Third Accused are entitled to sufficient time to prepare for their respective cross-examinations of witnesses called by Court Appointed Counsel for the First Accused;


CONSIDERING that The Chamber’s orders shall be complied with at all times;

CONSIDERING that it is in the interests of justice to hold a Status Conference before the April recess, in order to review the materials to be filed by Court Appointed Counsel for the First Accused and by other Parties on the 3rd of April, 2006, for their compliance with The Chamber’s Order of the 23rd of March, 2006, and to discuss issues which may contribute to the timely start and expeditious running of the seventh trial session and other matters as may be brought by the Parties;


PURSUANT TO Article 17(4)(C) of the Statute and Rules 26bis, 54, 65bis of the Rules;


HEREBY ORDERS as follows:


  1. that the Status Conference shall be held on Wednesday, the 5th of April, 2006 at 2:45 p.m. in Courtroom 1;
  2. that the Parties shall ensure their timely compliance with The Chamber’s Order of the 23rd of March, 2006 in order to avoid any further delays.

Done in Freetown, Sierra Leone, this 29th day of March, 2006.



Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Pierre Boutet
Presiding Judge
Trial Chamber I

Hon. Justice Bankole Thompson

[Seal of the Special Court for Sierra Leone]



[1] See, inter alia, Transcript of the 22nd of March, 2006, p. 42.
[2] Order of the President of the Special Court “Order Designating Judicial Recess”, of 20 January, 2006.