PROSECUTOR v ISSA HASSAN SESAY & ORS - ORDER ON CO-OPERATION BETWEEN THE PARTIES ( SCSL-04-15-PT ) [2004] SCSL 207 (09 November 2004);


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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THE TRIAL CHAMBER


Before:
Hon. Judge Benjamin Mutanga Itoe, Presiding Judge
Hon. Judge Bankole Thompson
Hon. Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
9th of November, 2004
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

RULING GRANTING THE PROSECUTION LEAVE
TO SUBMIT SUPPLEMENTARY MATERIALS


Office of the Prosecutor:
Court Appointed Counsel for Sam Hinga Norman:
Luc Côté
James Johnson
Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.
Tim Owen, Q.C.
Quincy Whitaker

Court Appointed Counsel for Moinina Fofana:


Michiel Pestman
Arrow Bockarie
Victor Koppe


Court Appointed Counsel for Allieu Kondewa:
Charles Margai
Yada Williams
Ansu Lansana

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


SEIZED of Prosecution Motion for the Immediate Cessation of Violations of the Orders on Protective Measures for Witnesses and for Contempt, including confidential Annex A, filed on the 25th of October, 2004 (“1st Motion”);


SEIZED of the Defence Reply to Prosecution Motion for the Immediate Cessation of Violations of the Orders on Protective Measures for Witnesses and for Contempt, filed on the 1st of November, 2004 (“Response”);


SEIZED of the Prosecution Confidential Supplementary Documents to the Motion for the Immediate Cessation of Violations of the Orders on Protective Measures for Witnesses and for Contempt, filed on the 1st of November, 2004 (“Supplementary Materials”);


NOTING the Trial Chamber’s Order to Prosecution to Re-file Motion and Seek Leave to Submit Supplementary Materials, filed on the 3rd of November, 2004 (“Order”);


CONSIDERING that pursuant to the Order the Prosecution filed Confidential Prosecution Motion to Seek Leave to Submit Supplementary Materials on the 5th of November, 2004 (“2nd Motion”), where the Prosecution states its reasons for submitting such Supplementary Materials;[1]

NOTING that pursuant to the Order the Defence filed Defence Reply to the Confidential Prosecution Motion to Seek Leave to Submit Supplementary Materials on the 8th of November, 2004 (“2nd Response”), where the Defence informs the Trial Chamber that it does not intend to file a response to the Prosecution 2nd Motion since “all relevant matters have already been canvassed”;[2]

NOTING that the Prosecution states that it has no intention to file a reply to the Defence Response;[3]

CONSIDERING that the Prosecution has demonstrated good cause for filing the Supplementary Materials, which are relevant for the Trial Chamber’s consideration of the 1st Motion;

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Special Court;

HEREBY GRANTS the 2nd Motion;

Done in Freetown, Sierra Leone, this 9th day of November, 2004.



Hon. Judge Pierre Boutet
Hon. Judge Benjamin Mutanga Itoe
Presiding Judge,
Trial Chamber

Hon. Judge Bankole Thompson

[Seal of the Special Court for Sierra Leone]

[1] 2nd Motion, para. 2.
[2] 2nd Response, para. 1.
[3] Ibid., para. 5.