PROSECUTOR v SAM HINGA NORMAN & ORS - ORDER ON TRIAL MONITORING DURING CLOSED SESSION (SCSL-04-14-T ) [2004] SCSL 198 (27 October 2004);


SPECIAL COURT FOR SIERRA LEONE
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THE TRIAL CHAMBER


Before:
Hon. Judge Benjamin Mutanga Itoe, Presiding Judge
Hon. Judge Bankole Thompson
Hon. Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
27th of October, 2004
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

ORDER REVOKING ADDITIONAL RESOURCES PROVIDED TO SAM HINGA NORMAN FOR THE PREPARATION OF HIS SELF-DEFENCE


Office of the Prosecutor:

Court Appointed Counsel for Sam Hinga Norman:
Luc Côté
James Johnson

Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.
Tim Owen, Q.C.
Quincy Whitaker

Court Appointed Counsel for Moinina Fofana:


Michiel Pestman
Arrow Bockarie
Victor Koppe


Court Appointed Counsel for Allieu Kondewa:
Charles Margai
Yada Williams
Ansu Lansana

THE TRIAL CHAMBER (“Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Hon. Judge Benjamin Mutanga Itoe, Presiding Judge, Hon. Judge Bankole Thompson and Hon. Judge Pierre Boutet;

NOTING the Chamber’s Decision on Request by Samuel Hinga Norman for Additional Resources to Prepare his Defence, of the 23rd of June, 2004 (“Decision”), whereby the Chamber ordered that the following additional resources be provided to the First Accused for the purposes of assisting him in his self-representation, namely, a desktop computer, a printer, a stationery desk telephone, and stationery provided within reasonable limits and proportionate to his needs to present his own defence;

RECALLING the Chamber’s Ruling on the Issue of Non-Appearance of the First Accused Samuel Hinga Norman, the Second Accused Moinina Fofana, and the Third Accused, Allieu Kondewa at the Trial Proceedings, of the 1st of October, 2004 (“Ruling”), whereby the Chamber revoked the First Accused’s right to self-representation and appointed Court Appointed Counsel to represent him in his trial proceedings;

RECALLING that in this Ruling the Registrar was ordered to review the requirement for the additional resources for the First Accused and to provide a report to the Chamber with a view to assist the Chamber in determining whether these measures should be maintained;

HAVING CONSIDERED the Memoranda submitted to the Chamber by the Registrar pursuant to the Chamber’s Ruling,[1] whereby the Registrar stated that, in his opinion, there is no need to continue providing the First Accused with additional resources, given that he is no longer representing himself, and that continuing to provide such facilities would result in unequal treatment as none of the other detainees have such facilities;

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Special Court;


ORDERS AS FOLLOWS:

ORDERS the Chief of Detention Facility to withdraw from the exclusive use of the First Accused the following resources, provided to him for the purpose of representing himself, that include:

  1. a desktop computer;
  2. a printer;
  1. a stationery desk telephone;
  1. computer desk and chair; and
  2. filing cabinet.

ORDERS the Chief of Detention Facility to ensure that the First Accused is provided with all those resources and facilities generally available and accorded to other detainees of the Detention Facility of the Special Court, such as stationery and access to telephone.


Done in Freetown, Sierra Leone, this 27th day of October, 2004.



Hon. Judge Pierre Boutet

Hon. Judge Benjamin Mutanga Itoe
Presiding Judge,
Trial Chamber

Hon. Judge Bankole Thompson

[Seal of the Special Court for Sierra Leone]



[1] Review of Additional Facilities Provided to Samuel Hinga Norman for Preparation of Defence, dated 8 October 2004 and Review of Additional Facilities Provided to Samuel Hinga Norman for Preparation of Defence, dated 15 October 2004.