PROSECUTOR v SAM HINGA NORMAN & ORS - SEPARATE CONCURRING OPINION OF JUDGE BANKOLE THOMPSON ON DECISION ON FIRST ACCUSED'S MOTION FOR SERVICE AND ARRAIGNMENT ON THE CONSOLIDATED INDICTMENT (SCSL-04-14-T ) [2004] SCSL 216 (29 November 2004);
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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THE TRIAL CHAMBER
Before:
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Hon. Judge Benjamin Mutanga Itoe, Presiding Judge
Hon. Judge Bankole Thompson Hon. Judge Pierre Boutet |
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Registrar:
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Robin Vincent
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Date:
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30th of November, 2004
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PROSECUTOR
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Against
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SAM HINGA NORMAN
MOININA FOFANA ALLIEU KONDEWA (Case No.SCSL-04-14-T) |
CONSEQUENTIAL ORDER TO DECISION ON THE FIRST ACCUSED’S MOTION FOR SERVICE AND ARRAIGNMENT ON THE CONSOLIDATED INDICTMENT
Office of the Prosecutor:
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Court Appointed Counsel for Sam Hinga
Norman:
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Luc Côté
James Johnson |
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Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr. Tim Owen, Q.C. Court Appointed Counsel for Moinina
Fofana:
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Michiel Pestman
Arrow Bockarie Victor Koppe |
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Court Appointed Counsel for Allieu
Kondewa:
Charles Margai Yada Williams Ansu Lansana |
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;
NOTING the Decision on the First Accused’s Motion for Service and Arraignment on the Consolidated Indictment (“Decision”), delivered by the Trial Chamber on the 29th of November, 2004;
NOTING the Consolidated Indictment against the Accused, Sam Hinga Norman, Moinina Fofana, and Allieu Kondewa, approved on the 5th of February, 2004;
THE TRIAL CHAMBER HEREBY ORDERS:
1. That the Decision does not operate as a stay of proceedings and that the Consolidated Indictment is valid and still in force against the Accused persons, Sam Hinga Norman, Moinina Fofana and Allieu Kondewa, with the exception of the stayed portions against Sam Hinga Norman, as set forth in the Decision.
2. Any Application that the Prosecution should seek to make in accordance with the Trial Chamber’s Order, namely, “that the Prosecution is hereby put to its election either to expunge completely from the Consolidated Indictment such identified portions or seek an amendment of the said Indictment in respect of those identified portions, and that either option is to be exercised with leave of the Trial Chamber”, should be filed with the Trial Chamber within seven days of the filing of the Trial Chamber’s Decision.[1]
Done in Freetown, Sierra Leone, this 30th day of November, 2004
Hon. Judge Pierre Boutet
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Hon. Judge Benjamin Mutanga Itoe
Presiding Judge, Trial Chamber |
Hon. Judge Bankole Thompson
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[Seal of the Special Court for Sierra Leone]
[1] The Trial Chamber’s Decision includes the Separate Concurring Opinion of Hon. Judge Bankole Thompson and the Dissenting Opinion of Hon. Judge Benjamin Mutanga Itoe.