PROSECUTOR v SAM HINGA NORMAN & ORS - DECISION ON NORMAN MOTION FOR EXTENSION OF TIME (SCSL-04-14-T ) [2007] SCSL 32 (16 March 2007);


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • 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
Acting Registrar:
Herman von Hebel
Date:
16th of March 2007
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

Public Document


DECISION ON NORMAN MOTION FOR EXTENSION OF TIME


Office of the Prosecutor:

Court Appointed Counsel for Sam Hinga Norman:
Stephen Rapp
James C. Johnson
Joseph F. Kamara

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 Bankole Thompson, Presiding Judge, Hon. Justice Pierre Boutet and Hon. Justice Benjamin Mutanga Itoe;

SEIZED OF the Deceased Norman’s Defence Team Request for Extended Filing, filed by Court Appointed Counsel for Sam Hinga Norman (“Defence”) on the 15th of March 2007 (“Motion”);
NOTING that the Motion requests an extension of time to file a response to the Registrar’s Submissions Pursuant to Rule 33(B) Relating to the Death of Mr. Sam Hinga Norman that was filed on the 6th of March 2007 until the 30th of March 2007 at 4:00pm;

CONSIDERING that this Chamber’s Order for Extended Filing ordered that responses by the Parties to the Registrar’s Submission “shall be filed no late than Friday, the 16th of March 2007 at 4:00 pm”;

CONSIDERING that the Motion further seeks “that the deceased Norman’s Defence Team be immediately allowed and offered facilities for at least one week’s tour of parts of the South and East of Sierra Leone for appropriate consultations with the Norman Family and the former Civil Defence Forces in preparation for making submissions in respect of the Registrar’s Submission”;

NOTING that the Defence for the Accused Moinina Fofana filed its response on the 13th of March 2007 while the Office of the Prosecutor (“Prosecution”) and the Defence for the Accused Allieu Kondewa filed their respective responses on the 16th of March 2007; ;

MINDFUL OF the rights of the Accused, and in particular of the provisions 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” and of Article 17(4)(c) of the Statute on the right “to be tried without undue delay”;

FINDING that in the present circumstances there exists exceptional circumstances to grant a brief extension of time to prepare the response;

FINDING HOWEVER that there is no cause to grant the subsidiary request that the Defence be allowed facilities for one week’s tour of parts of Sierra Leone as requested;

PURSUANT to Rules 7(C), 7bis, 26bis, 54 and 73 and of the Rules;


HEREBY GRANTS THE MOTION IN PART AND ORDERS:


  1. That the Defence shall file its response by no later than Thursday, the 22nd of March 2007 at 4:00pm; and
  2. That the remaining remedy sought in the Motion is denied.

Done in Freetown, Sierra Leone, this 16th day of March 2007.


_____________________________
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]