PROSECUTOR v SAM HINGA NORMAN & ORS - FOFANA - DECISION ON APPLICATION FOR LEAVE TO APPEAL BAIL DECISION (SCSL-04-14-AR65 ) [2004] SCSL 205 (05 November 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:
5th of November, 2004
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

ORDER ON TRIAL MONITORING DURING CLOSED SESSION


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;

HAVING CONSIDERED the written request, dated the 4th of November, 2004 from the Consultant of the International Centre for Transitional Justice and Interim Director for the Sierra Leone Court Monitoring Programme, for two further monitors to be permitted to continue monitoring the Court proceedings during closed sessions;

PURSUANT TO the provisions of Rule 79 and particularly those of Rule 79 (C) of the Rules of Procedure and Evidence of the Special Court;

ORDERS AS FOLLOWS:

  1. That Mr. Anthony Triolo, Consultant for the International Centre for Transitional Justice and Interim Director for the Sierra Leone Court Monitoring Programme, is authorised to be present in the Courtroom as an international monitor during trial proceedings when the Court is sitting in closed session;
  2. That Mr. Alpha Sesay, National Coordinator of the Sierra Leone Court Monitoring Programme, is authorised to be present in the Courtroom as a national monitor during trial proceedings when the Court is sitting in closed session;
  3. That the monitors listed in paragraphs 1 and 2 of this Order are required to sign a declaration at the Office of the Registrar stating that they will not disclose any of the evidence elicited by witnesses during closed session and that they will report only on the practice and procedure of the Court during closed session;
  4. That at any given time not more than two authorised monitors, one international and one national, from those listed in paragraphs 1 and 2 of Trial Chamber’s Order on Trial Monitoring During Closed Session, rendered on the 27th of October, 2004, and paragraphs 1 and 2 of this Order of the 5th of November, 2004, are allowed to be present during the court proceedings conducted in closed sessions;
  5. That the monitors shall seek the approval of the Registrar of the material on the practice and procedure of the Court during closed session before such material is reported upon or published by the said monitors;
  6. That the monitors may share such material with other international and national organizations with the approval of the Registrar;
  7. That the monitors must comply with all Orders of the Court regarding protective measures for witnesses and closed sessions.

Done in Freetown, Sierra Leone, this 5th day of November, 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]