PROSECUTOR v ISSA HASSAN SESAY & ORS - DECISION TO VARY PROTECTIVE MEASURES ( SCSL-04-15-T ) [2008] SCSL 36 (18 April 2008);
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
PHONE: +1 212 963 9915 Extension: 178 7000 or +39 0831 257000 or +232 22 295995
FAX: Extension: 178 7001 or +39 0831 257001 Extension: 174 6996 or +232 22 295996
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Trial Chamber for an order that all protective measures currently granted to the witnesses referred to in its motion be rescinded;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:
- 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
- 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]
|