THE TRIAL CHAMBER

GBAO – DECISION ON DEFENCE URGENT REQUEST FOR EXTENSION OF TIME TO RESPOND TO PROSECUTION’S MOTION TO HEAR EVIDENCE CONCURRENTLY

THE SPECIAL COURT FOR SIERRA LEONE (“Special Court”)

I, JUDGE PIERRE BOUTET, sitting as Designated Judge pursuant to Rule 28 of the Rules of Procedure and Evidence (“Rules”);

NOTING the Prosecution’s Motion for Concurrent Hearing of Evidence Common to Cases SCSL-2004-15-PT and SCSL-2004-16-PT (“Motion for Concurrent Evidence”) filed on 30 April 2004 by the Office of the Prosecutor (“Prosecution”);

SEIZED OF the Urgent Request for Extension of Time to Respond to Prosecution Motion to Hear Evidence Concurrently (“Motion”), filed on 4 May 2004 on behalf of Augustine Gbao (“Accused”);

NOTING the Order for Expedited Filing of 30 April 2004 according to which any response to the Motion for Concurrent Evidence shall be filed on or before Wednesday, 5 May 2004;

CONSIDERING that the Motion requests an extension of time to respond to the Motion for Concurrent Evidence on the basis of the absence of members of the defence team for the Accused;[1]

MINDFUL of the rights of the Accused, and in particular of the provisions of Article 17 of the Statute of the Special Court on the right to have adequate time and facilities for the preparation of his defence;

CONSIDERING that the Motion, filed on 4 May 2004, requests extension of time to respond to the Motion for Concurrent Evidence until 10 April 2004;[2]

FINDING that such extension of time renders the Motion ambiguous and impossible to accede to, and therefore requires its dismissal as inadmissible there being no clear indication of the precise time extension sought;

FINDING FURTHER that in the present circumstances there does not exist good and sufficient cause or exceptional circumstances to grant such an extension of time to prepare a response to the Motion for Concurring Evidence;

PURSUANT to Rule 54 of the Rules,

HEREBY DENY the request and dismiss the Motion.

[Seal of the Special Court]

[1] Motion, paras 4-5.
[2] Id., para. 1. In addition, the Motion contains other ambiguous references to April 2004. See id., paras 5-6.