PROSECUTOR v SAM HINGA NORMAN & ORS - KONDEWA - ADDITIONAL REVISED ORDER FOR FILING OF DEFENCE PRE-TRIAL BRIEF (SCSL-04-14-PT ) [2004] SCSL 71 (22 April 2004);


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THE TRIAL CHAMBER


Before:
Judge Bankole Thompson, Presiding Judge
Judge Benjamin Mutanga Itoe
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
22 April 2004
PROSECUTOR
Against
Sam Hinga Norman
Moinina Fofana
Allieu Kondewa
(Case No.SCSL-04-14-PT)

KONDEWA-ADDITIONAL REVISED ORDER FOR FILING OF DEFENCE PRE-TRIAL BRIEF


Office of the Prosecutor:

Defence Counsel for Allieu Kondewa
Luc Côté
James Johnson

Charles Margai







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 the Office of the Prosecutor (“Prosecution”) file a pre-trial brief on or before 2 March 2004 and that each Defence team file its pre-trial brief on or before 23 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 Prosecution filed its pre-trial brief on 2 March 2004;

RECALLING the Revised Order for the Filing of Defence Pre-Trial Briefs of 22 March 2004 (“Order of 22 March 2004”), in which the Trial Chamber ordered that the pre-trial briefs of each Defence team be filed two weeks prior to the date of the commencement of trial;

NOTING that, however, the Defence for Accused Allieu Kondewa filed a pre-trial brief on 22 March 2004, in which the Defence expressed its difficulties in preparing a complete pre-trial brief until the Prosecution fulfils its disclosure obligation[1];

NOTING the Order to the Prosecution to File a Supplemental Pre-Trial Brief of 1 April 2004;

CONSIDERING that the Trial Chamber, and indeed opposing counsel, will be more greatly assisted by a well-prepared, detailed pre-trial brief rather than a pre-trial brief drafted without the benefit of extensive disclosure and sufficient pre-trial preparation;

FINDING therefore that it is in the interest of justice to revise the Order of 22 March 2004;

HEREBY ORDERS proprio motu, that Defence for Allieu Kondewa shall file any supplement to its pre-trial brief, if it wishes to do so, two weeks prior to the date for the commencement of trial.

Done at Freetown this 22nd day of April 2004

Judge Bankole Thompson

Judge Benjamin Mutanga Itoe

Judge Pierre Boutet
Presiding Judge,
Trial Chamber



Seal of the Special Court for Sierra Leone]


[1] Prosecutor v. Sam Hinga Norman, Moinina Fofana and Allieu Kondewa, SCSL-04-14-PT, Pre-Trial Brief of Defendant Allieu Kondewa, 22 March 2004, paras 2-3 and para. 7.