PROSECUTOR v ISSA HASSAN SESAY & ORS - DECISION TO VARY PROTECTIVE MEASURES ( SCSL-04-15-T ) [2008] SCSL 36 (18 April 2008);


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TRIAL CHAMBER I


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Herman von Hebel
Date:
18th of April 2008
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No. SCSL-04-15-T)

Public Document


DECISION TO VARY PROTECTIVE MEASURES


Office of the Prosecutor:

Defence Counsel for Issa Hassan Sesay:
Mr Peter Harrison
Mr Reginald Flynn
Mr Charles Hardaway

Mr Wayne Jordash
Ms Sareta Ashraph
Mr Vincent Wagona

Defence Counsel for Morris Kallon:
Mr Charles Taku
Mr Kennedy Ogeto
Mr Lansana Dumbuya
Ms Tanoo Mylvaganam


Court Appointed Counsel for Augustine Gbao
Mr John Cammegh
Ms Scott Martin

TRIAL CHAMBER I (“Trial Chamber I”) of the Special Court for Sierra Leone (“Special Court”) composed of Hon. Justice Benjamin Mutanga Itoe, Presiding Judge, Hon. Justice Bankole Thompson and Hon. Justice Pierre Boutet;

HAVING RECEIVED the Urgent Motion to Vary Protective Measures for Witnesses DMK-159, DMK-129, DMK-145, and DMK-146, filed confidentially by the Office of the Prosecutor (“Prosecution”) on the 15th of April 2008 (“Motion”);

NOTING that the Prosecution requests the Trial Chamber for an order that all protective measures currently granted to the witnesses referred to in its motion be rescinded;

MINDFUL of the Order for an expedited filing filed on the 17th of April 2008 in which the Chamber ordered:

  1. Any Response to the Motion by the Defence shall be filed no later than Friday, the 18th of April 2008 at 4:00 p.m.; and
  2. Any Reply by the Prosecution shall be filed no later than Monday, the 21st of April 2008 at 4:00 p.m.

NOTING that the Defence for the Second Accused, Morris Kallon in its response filed Confidentially on the 18th of April 2008, does not object to the relief sought in the application for the lifting of protective measures initially granted to the aforesaid witnesses;


CONSIDERING that Article 17(2) of the Statute of the Special Court provides that the Accused shall be entitled “to a fair and public hearing”;


CONSIDERING that Rule 78 of the Rules of Procedure and Evidence of the Special Court provides that “all proceedings... shall be held in public”;


PURSUANT TO Rules 26 bis and 54 of the Rules of Procedure and Evidence of the Special Court;
HEREBY GRANTS the Prosecution’s application and orders the variation of the said measures in respect of the said witnesses and accordingly rescinds all protective measures in respect thereof of witness DMK-159, DMK-129, DMK-145 and DMK-146.


Done at Freetown, Sierra Leone, this 18th day of April 2008

Hon. Justice Pierre Boutet

Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Bankole Thompson

Presiding Judge
Trial Chamber I


[Seal of the Special Court]