PROSECUTOR v MORRIS KALLON - DECISION ON DEFENCE MOTION FOR EXTENSION OF TIME FOR FILING APPLICATION FOR LEAVE TO APPEAL AGAINST REFUSAL OF BAIL (SCSL-04-15-PT) [2004] SCSL 67 (19 April 2004);


SPECIAL COURT FOR SIERRA LEONE
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IN THE APPEALS CHAMBER


Before:
Justice Renate Winter, Presiding
Justice George Gelaga King
Justice Emmanuel Ayoola
Justice Geoffrey Robertson
Justice Raja Fernando
Registrar:
Robin Vincent
Date:
19 April 2004
PROSECUTOR
Against
Morris Kallon
(Case No.SCSL-04-15-PT)

DECISION ON DEFENCE MOTION FOR EXTENSION OF TIME FOR FILING APPLICATION FOR LEAVE TO APPEAL AGAINST REFUSAL OF BAIL


Office of the Prosecutor:
 
Defence Counsel:
Luc Côté
Robert Petit
Boi-Tia Stevens
 
Shekou Touray
   
Defence Office:
Simone Monasebian
Sylvain Roy
Rupert Skilbeck
Haddijiatou Kah-Jallow

THE APPEALS CHAMBER OF THE SPECIAL COURT FOR SIERRA LEONE;

SEIZED of the Defence Motion for Extension of Time for Filing of Application for Leave to Appeal against Refusal of Bail filed on 27 February 2004 on behalf of Morris Kallon (“Motion”) pursuant to Rule 116 of the Rules of Procedure and Evidence of the Special Court (“Rules”);

NOTING that the Prosecution did not file a Response to the Motion;

NOTING the Confidential Motion of Morris Kallon for Bail and Request for Hearing filed on 29 October 2003;

NOTING the Decision on the Motion by Morris Kallon for Bail of 23 February 2004;

NOTING the Decision of the Principal Defender of 27 February 2004 withdrawing the assignment of James Oury as Counsel for Morris Kallon;

NOTING the Order of the President for the Suspension of the Time Limit for Filing of Application for Leave to Appeal against Refusal of Bail of 5 March 2004;

NOTING the Decision of the Principal Defender of 16 March 2004 provisionally assigning Mr. Shekou Touray as Counsel for Morris Kallon;

CONSIDERING that the interests of justice require adequate representation for the protection of the rights of the Accused in accordance with Article 17 of the Statute of the Special Court;

CONSIDERING that Rule 116 of the Rules demands “a showing of good cause”;

CONSIDERING that the withdrawal of Counsel and assignment of a new Counsel in this case satisfies the test under Rule 116 of the Rules;

CONSIDERING that the newly assigned Counsel will need time for preparation;

PURSUANT TO Rule 116 of the Rules;

HEREBY GRANTS an extension of the time limit for an additional fourteen days from the date of this Decision for the filing of an application for leave to appeal.


Done at Freetown this nineteenth day of April 2004


Justice Winter Justice King Justice Ayoola
Presiding


Justice Robertson Justice Fernando


[Seal of the Special Court for Sierra Leone]