PROSECUTOR v ISSA HASSAN SESAY & ORS - DECISION ON SESAY REQUEST FOR THE WITHDRAWAL OR CLARIFICATION OF TRIAL CHAMBER’S 22nd MAY 2008 WARNING TO ISSA SESAY ( SCSL--2004-15-T ) [2008] SCSL 47 (09 June 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:
9th of June 2008
PROSECUTOR
Against
Issa Hassan Sesay
Morris Kallon
Augustine Gbao
(Case No. SCSL--2004-15-T)

Public Document

DECISION ON SESAY REQUEST FOR THE WITHDRAWAL OR CLARIFICATION OF TRIAL CHAMBER’S 22nd MAY 2008 WARNING TO ISSA SESAY


Office of the Prosecutor:
Defence Counsel for Issa Hassan Sesay:
Peter Harrison
Reginald Flynn
Charles Hardaway
Wayne Jordash
Sareta Ashraph
Vincent Wagona
Defence Counsel for Morris Kallon:
Charles Taku
Kennedy Ogeto
Tanoo Mylvaganam


Defence Counsel for Augustine Gbao:
John Cammegh
Scott Martin

TRIAL CHAMBER I (“Trial Chamber”) 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 Motion Requesting the Withdrawal or Clarification of Trial Chamber’s 22nd May 2008 Warning to Issa Sesay filed publicly by the Defence for the First Accused, Issa Hassan Sesay (“Defence”) on the 27th of May 2008;

NOTING the Chamber Decision filed publicly on the 22nd of May 2008 (“Decision”) in which the Chamber ordered that the Accused Issa Sesay be admonished against making any such utterances in the future under any circumstances and that Counsel for the Accused Issa Sesay should properly advise his client on the consequences of such utterances upon the administration of justice and for the Accused himself[1];

HAVING duly considered the motion filed together with the Decision;

NOTING that the aforementioned Chamber Decision is unambiguous, explicit and unequivocal;

PURSUANT to Rules 26bis and 54 of the Rules of Procedure and Evidence;

HOLDS that the Decision is sufficiently explicit and needs no further clarification;

CONSEQUENTLY Denies the Application.


Done in Freetown this 9th day of June, 2008

Hon. Justice Pierre Boutet
Hon. Justice Benjamin Mutanga Itoe
Hon. Justice Bankole Thompson

Presiding Judge
Trial Chamber I

[Seal of the Special Court for Sierra Leone]

[1]Prosecutor v. Sesay et al, SCSL-04-15, Decision on Warning to Issa Sesay, 22nd May 2008.