PROSECUTOR v ALEX TAMBA BRIMA & ORS - REVISED ORDER FOR THE FILING OF DEFENCE PRE-TRIAL BRIEFS (SCSL-04-16-PT ) [2004] SCSL 50 (22 March 2004);
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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THE TRIAL CHAMBER
Before:
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Judge Bankole Thompson
Judge Benjamin Mutanga Itoe Pierre Boutet |
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Registrar:
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Robin Vincent
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Date:
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22 March 2004
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PROSECUTOR
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Against
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Alex Tamba Brima
Brima Bazzy Kamara Santigie Borbor Kanu (Case No.SCSL-04-16-PT) |
REVISED ORDER FOR THE FILING OF DEFENCE PRE-TRIAL BRIEFS
Office of the Prosecutor:
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Defence Counsel for Alex Tamba
Brima:
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Luc Côté
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Terence Terry
Defence Counsel for Brima Bazzy
Kamara:
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Ken Fleming
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Defence Counsel for Santigie Borbor
Kanu:
Geert-Jan Alexander Knoops |
THE TRIAL CHAMBER (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”);
RECALLING the Trial Chamber’s “Order for Filing Pre-Trial Briefs” of 13 February 2004, in which it ordered that each Defence team file its pre-trial brief by 26 March 2004, pursuant to Rule 54 and Rule 73 bis (F) of the Rules of Procedure and Evidence of the Special Court (“Rules”);
NOTING that the Office of the Prosecutor (“Prosecution”) filed its pre-trial brief on 5 March 2004, in accordance with the Trial Chamber’s Order;
NOTING that in the Defence Response to the Prosecutor’s Request to Admit, filed on 19 March 2004, counsel for Santigie Borbor Kanu stated that it would address stipulations set forth in the Prosecutor’s Request to Admit in its Pre-Trial Brief due to be filed on 22 March 2004;
CONSIDERING the submissions of defence counsel for Brima Bazzy Kamara and Santigie Borbor Kanu at the Status Conference on 8 March 2004 on various issues including the inadequacy of existing disclosure;
CONSIDERING that each party is to address factual and legal issues in its pre-trial brief for the purposes of, inter alia, assisting the Trial Chamber in determining contested issues of fact and law;
CONSIDERING that the Trial Chamber, and indeed opposing counsel, will be more greatly assisted by a well-prepared, detailed pre-trial brief than by a pre-trial brief drafted without the benefit of extensive disclosure and sufficient pre-trial preparation;
FINDING THEREFORE that it is in the interests of justice to revise the Order of 13 February 2004 in relation to the date for filing pre-trial briefs by the Defence in this case; and
HEREBY ORDERS that the pre-trial briefs shall be filed by each Defence team in this case two weeks prior to the date for the commencement of trial; and
ORDERS that defence counsel for Santigie Borbor Kanu file any further submissions that it may wish to file in relation to the Prosecutor’s Request to Admit within 5 days of this Order.
Done at Freetown this 22nd day of March 2004
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Judge Bankole Thompson
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Judge Benjamin Mutanga Itoe
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Judge Pierre Boutet
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Presiding Judge,
Trial Chamber |
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[Seal of the Special Court for Sierra Leone]
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