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);


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THE TRIAL CHAMBER


Before:
Judge Bankole Thompson
Judge Benjamin Mutanga Itoe
Pierre Boutet
Registrar:
Robin Vincent
Date:
22 March 2004
PROSECUTOR
Against
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:

Defence Counsel for Alex Tamba Brima:
Luc Côté

Terence Terry

Defence Counsel for Brima Bazzy Kamara:


Ken Fleming



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

Judge Bankole Thompson

Judge Benjamin Mutanga Itoe

Judge Pierre Boutet
Presiding Judge,
Trial Chamber



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