PROSECUTOR v SAM HINGA NORMAN & ORS - ORDER FOR COMMENCEMENT OF TRIAL (SCSL-04-14-PT ) [2004] SCSL 94 (11 May 2004);
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
IN THE APPEALS CHAMBER
Before:
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Justice Renate Winter, Presiding
Justice George Gelaga King Justice Emmanuel Ayoola Justice Geoffrey Robertson Justice Raja Fernando |
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Registrar:
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Robin Vincent
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Date:
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11 May 2004
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PROSECUTOR
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Against
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Sam Hinga Norman
Moinina Fofana Allieu Kondewa (Case No.SCSL-04-14-PT) |
SCHEDULING ORDER
Office of the Prosecutor:
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Defence Counsel for Sam Hinga
Norman:
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Desmond de Silva QC
Luc Côté |
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James Jenkins-Johnston
Defence Counsel for Moinina
Fofana:
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Michiel Pestman
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Defence Counsel for Allieu Kondewa
Charles Margai |
THE APPEALS CHAMBER OF THE SPECIAL COURT FOR SIERRA LEONE;
NOTING that the following motions are pending before it:
- Norman: Motion to Recuse Judge Winter from deliberating in the preliminary motion on the recruitment of child soldiers, 25 March 2004;
- Norman: Preliminary Motion based on Lack of Jurisdiction (Child Recruitment), 26 June 2003;
- Fofana: Preliminary Defence Motion on Lack of Jurisdiction: Illegal Delegation of Powers by the United Nations, 14 November 2003;
- Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Jurisdiction by Sierra Leone, 14 November 2003;
- Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Nature of the Armed Conflict, 14 November 2003;
- Kondewa: Defence Motion based on Lack of Jurisdiction: Establishment of Special Court Violates Constitution of Sierra Leone, 7 November 2003;
- Kondewa:
Defence Motion based on Lack of Jurisdiction/Abuse of Process: Amnesty Provided
by the Lomé Accord, 7 November 2003.
CONSIDERING that an oral hearing was held on 6 November 2003 in relation to the Norman Preliminary Motion based on Lack of Jurisdiction (Child Recruitment);
NOTING Rule 117(A) according to which “A reference under Rule 72(E) or (F)...shall be heard expeditiously and may be determined entirely on the basis of written submissions”;
DECIDING that pursuant to Rule 117(A), the Chamber will not hear oral argument on the outstanding motions listed as iii.) – vii.) above;
NOTING that the Appeals Chamber will sit in the composition appropriate to the Motion before it;
HEREBY ORDERS that the outstanding motions listed above be scheduled as follows:
Tuesday 25 May 2004, at 10.00, for rendering of decisions:
- Fofana: Preliminary Defence Motion on Lack of Jurisdiction: Illegal Delegation of Powers by the United Nations;
- Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Jurisdiction by Sierra Leone;
- Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Nature of the Armed Conflict;
- Kondewa: Defence Motion based on Lack of Jurisdiction: Establishment of Special Court Violates Constitution of Sierra Leone;
- Kondewa: Defence Motion based on Lack of Jurisdiction/Abuse of Process: Amnesty Provided by the Lomé Accord.
Tuesday 25 May 2004, at 10.30, for hearing:
- Norman: Motion to Recuse Judge Winter from Deliberating in the Preliminary Motion on the Recruitment of Child Soldiers.
Friday, 28 May 2004, at 10:00 for rendering of decision:
- Norman:
Preliminary Motion based on Lack of Jurisdiction (Child Recruitment), 26 June
2003.
Done at Freetown this eleventh day of May 2004
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Justice Winter
Presiding
[Seal of the Special Court for Sierra Leone]
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