TRIAL CHAMBER I

Public Document

DECISION ON APPLICATION OF THIRD ACCUSED TO DISPENSE WITH THE MANDATE OF COURT APPOINTED COUNSEL, MR. ANDREAS O’SHEA

TRIAL CHAMBER I (“Trial Chamber I”) 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;

MINDFUL of a petition dated the 20th of June 2007 addressed by the Third Accused, Augustine Gbao, requesting this Chamber to withdraw the status of Mr. Andreas O’Shea as Court Appointed Counsel and Lead Counsel in the case against him and to order that his services be dispensed with;

MINDFUL of the Response of Mr. Andreas O’Shea, dated the 22nd of June 2007, to the petition by the Third Accused against him;

HAVING HEARD the oral submissions by Mr. John Cammegh, Court Appointed Counsel to the Defence Team of the Third Accused, made before the Chamber on the 21st of June 2007;

SATISFIED in the circumstances that there is a complete and irreversible breakdown in trust and confidence between the Third Accused and Mr. Andreas O’Shea, one of the Court Appointed Counsel for Augustine Gbao who at the same time is the Lead Counsel in Mr Gbao’s Defence Team;

MINDFUL of the necessity for an effective representation of the Third Accused and to ensure the expeditiousness of the proceedings;

MINDFUL of the provisions of and PURSUANT to Article 17(4)(d) and 17(4)(e) of the Statute and of Rules 26bis, 44(B), 45, 46 and 54 of the Rules of Procedure and Evidence;

MINDFUL of the Chamber’s Deliberations;

THE TRIAL CHAMBER HEREBY DECIDES AS FOLLOWS:

GRANTS the request of the Third Accused for the Chamber to withdraw Mr. Andreas O’Shea’s mandate as one of his Court Appointed Counsel; and, consequently

RELEASES the said Counsel from any further duties and obligations in relation to the Third Accused, Augustine Gbao;

CONFIRMS the appointment of John Cammegh as Court Appointed Counsel for the Third Accused and, further, strongly recommends that he be appointed Lead Counsel of the Defence Team of the Third Accused;

AND, FURTHER

INSTRUCTS the Registrar, in consultation with the Principal Defender, to take the necessary measures to give effect to this Decision and to provide the necessary human and material resources, in consultation with Court Appointed Counsel, John Cammegh, to ensure that the trial proceeds without any delays.
A written reasoned Decision will be published in due course.