PROSECUTOR v ISSA HASSAN SESAY & ORS - SESAY - DECISION ON APPLICATION TO WITHDRAW MOTION SEEKING THE DISQUALIFICATION OF JUSTICE ROBERTSON FROM ALL JUDICIAL FUNCTIONS INVOLVING THE RUF (Case No.SCSL-04-15-T ) [2004] SCSL 22 (15 October 2004);

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IN THE APPEALS CHAMBER


Before:
Justice Emmanuel Ayoola, Presiding
Justice Raja Fernando
Justice Gelaga King
Justice Renate Winter
Registrar:
Robin Vincent
Date:
15 October 2004
PROSECUTOR
Against
Issa Hassan Sesay
Morris Kallon
Augustine Gbao
(Case No.SCSL-04-15-T)

SESAY – DECISION ON APPLICATION TO WITHDRAW MOTION SEEKING THE DISQUALIFICATION OF JUSTICE ROBERTSON FROM ALL JUDICIAL FUNCTIONS INVOLVING THE RUF


Office of the Prosecutor:
  
Defence Counsel for Issa Sesay:
Luc Côté
Abdul Tejan Cole
Boi-Tia Stevens
Pete Harrison
  
Wayne Jordash
Serry Kamal
Sareta Ashraph
     

THE APPEALS CHAMBER of the Special Court for Sierra Leone (“Special Court”);


NOTING the Motion seeking the disqualification of Justice Robertson from all judicial functions involving the RUF (including those exercised pursuant to Rule 24 of the Rules of Procedure and Evidence) (“Motion”) filed on 28 May 2004;


NOTING the Prosecution Response to Motion seeking the disqualification of Justice Robertson from all judicial functions involving the RUF (including those exercised pursuant to Rule 24 of the Rules of Procedure and Evidence) filed on 4 June 2004;


NOTING the Defence Reply to Prosecution Response to Motion seeking the disqualification of Justice Robertson from all judicial functions involving the RUF (including those exercised pursuant to Rule 24 of the Rules of Procedure and Evidence) filed on 9 June 2004;


CONSIDERING the letter from the Defence Office on behalf of Counsel for Sesay withdrawing the Motion seeking the disqualification of Justice Robertson from all judicial functions involving the RUF (including those exercised pursuant to Rule 24 of the Rules of Procedure and Evidence) dated 6 August 2004;


CONSIDERING that the merits of the Motion have been fully argued before this Chamber;


HEREBY grants leave to withdraw the Motion on terms that no future application is brought relating to the same issue and facts. The Motion is accordingly struck out.


Done at Freetown this fifteenth day of October 2004


     
Justice Ayoola
Justice Fernando
Justice Winter
Presiding
      

 


Justice King appends a separate opinion.

SEPARATE OPINION OF JUSTICE KING


  1. I am of the view that on application received from the Defence Office on behalf of Counsel for Sesay withdrawing the Motion seeking the disqualification of Justice Robertson from all judicial functions involving the RUF (including those exercised pursuant to Rule 24 of the Rules of Procedure and Evidence) dated 6 August 2004, the Motion should be dismissed simpliciter, with or without costs.
  2. I would, therefore, simply dismiss the Motion.

_______________


Justice King


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