PROSECUTOR v ALEX TAMBA BRIMA & ORS - DECISION ON URGENT JOINT DEFENCE AND PROSECUTION MOTION FOR AN EXTENTION OF TIME FOR THE FILING OF APPEALS BRIEFS (SCSL-2004-16-A ) [2007] SCSL 6 (10 August 2007);
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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IN THE APPEALS CHAMBER
Before:
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Justice George Gelaga King, Presiding Judge
Justice Emmanuel Ayoola Justice Renate Winter Justice Geoffrey Robertson, QC Justice Raja Fernando |
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Registrar:
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Herman von Hebel, Registrar
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Date:
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10 August 2007
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PROSECUTOR
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Against
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ALEX TAMBA BRIMA
BRIMA BAZZY KAMARA SANTIGIE BORBOR KANU (Case No.SCSL-2004-16-A) |
DECISION ON URGENT JOINT DEFENCE AND PROSECUTION MOTION FOR AN EXTENTION OF TIME FOR THE FILING OF APPEALS BRIEFS
Office of the Prosecutor:
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Defence Counsel for Alex Tamba Brima:
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Dr. Christopher Staker
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Mr. Kojo Graham
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Defence Counsel for Brima Bazzy
Kamara:
Mr. Andrew Daniels |
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Defence Counsel for Santigie Borbor
Kanu:
Mr. Agibola E. Manley-Spain |
THE APPEALS CHAMBER (“Appeals Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Justice George Gelaga King, Presiding, Justice Emmanuel Ayoola, Justice Renate Winter, Justice Geoffrey Robertson, QC, and Justice Raja Fernando;
SEISED of the “Urgent Joint Defence and Prosecution Motion for an Extension of Time for the Filing of Appeals Briefs” filed on 2 August 2007 (the “Motion”);
CONSIDERING that the parties jointly request an extension of three weeks so that they may file their appeals briefs on 13 September 2007 instead of on 23 August 2007;
CONSIDERING the parties’ submission that the requested extension is necessary and that good cause exists for it given the size of the Trial Chamber’s Judgment, the issuance on 19 July 2007 of a Corrigendum making certain changes to the Judgment, the fact that the August recess falls during this period, and given the further fact that the Defence counsel were not appointed until after the Sentencing Judgment was rendered;
NOTING that under Rule 111 of the Rules of Procedure and Evidence (“Rules”) each party must file its appeal brief within 21 days of filing its notice of appeal under Rule 108;
NOTING that under Rule 116 the Appeals Chamber may grant a motion to extend a time limit upon a showing of good cause;
NOTING that the parties have requested the Appeals Chamber to decide this motion as a matter of urgency so as to enable the parties to organize their work;
FINDING that the parties have shown good cause for extension of the time within which to file their appeals briefs, that the period of time sought for the extension is reasonable, and that it is in the interests of justice to grant the extension;
FOR THE FOREGOING REASONS,
HEARBY GRANTS the Motion for extension of time and orders both parties to file their appeals briefs no later than 13 September 2007; and
HEARBY AUTHORISES Court Management to accept this Decision for filing during the official recess period of the Special Court.
Done at Freetown this 10 August 2007.
Justice George Gelaga King
Presiding |
Justice Emmanuel Ayoola
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Justice Renate Winter
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Justice Geoffrey Robertson, QC |
Justice Raja Fernando
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[Seal of the Special Court for Sierra Leone]