THE TRIAL CHAMBER

ORDER TO PROSECUTION TO RE-FILE MOTION AND
SEEK LEAVE TO SUBMIT SUPPLEMENTARY MATERIALS

THE TRIAL CHAMBER (“Trial 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;

SEIZED of Prosecution Motion for the Immediate Cessation of Violations of the Orders on Protective Measures for Witnesses and for Contempt, filed on the 25th of October, 2004 (“Motion”);

SEIZED of the Defence Reply to Prosecution Motion for the Immediate Cessation of Violations of the Orders on Protective Measures for Witnesses and for Contempt, filed on the 1st of November, 2004[1] (“Response”);

SEIZED of the Prosecution Confidential Supplementary Documents to the Motion for the Immediate Cessation of Violations of the Orders on Protective Measures for Witnesses and for Contempt, filed on the 1st of November, 2004[2] (“Supplementary Documents”);

CONSIDERING that Article 7 of the Practice Direction on Filing Documents before the Special Court for Sierra Leone (“Practice Direction”) stipulates in its relevant paragraphs that:

(C) A Party [...] relying on authority which has already been filed by that or any other Party [...] in the same case or proceeding shall not file the same authority, but shall indicate, in the list of authorities, the name and date of the document with which the authority was previously filed.

(D) Subject to paragraph (E) below, where the authority is:

(i) jurisprudence, the entire document shall be filed unless the authority is readily available on the internet, in which case the relevant URL address shall be indicated on the list of authorities as part of the case citation;

[...]

CONSIDERING that in Annex B “Prosecution’s Index of Authorities” of its Motion, the Prosecution failed to comply with the afore cited requirements;

CONSIDERING that the Prosecution has filed its Supplementary Materials after the Defence Response and has not submitted a request to the Trial Chamber to allow such additional filing;

PURSUANT TO Rules 54 of the Rules of Procedure and Evidence of the Special Court and Article 7 of the Practice Direction;

ORDERS AS FOLLOWS:

1. The Prosecution to re-file the List of Authorities to its Motion in compliance with the Practice Direction;
2. The Prosecution to submit a request to the Trial Chamber to file Supplementary Materials, within two (2) days from the date of issuance of this Order;
3. The Defence to file its further response to the Prosecution request to file Supplementary Materials, within five (5) days from the date of issuance of this Order.
   

Done in Freetown, Sierra Leone, this 3rd day of November, 2004.

[Seal of the Special Court for Sierra Leone]

[1] Filed at 15 hrs 08 minutes.
[2] Filed at 16 hrs 06 minutes.