PROSECUTOR v ISSA HASSAN SESAY & ORS - KALLON - SCHEDULING ORDER FOR IN CAMERA HEARING ( SCSL-04-15-PT ) [2004] SCSL 72 (23 April 2004);
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
PHONE: +1 212 963 9915 Extension: 178 7000 or +39 0831 257000 or +232 22 295995
FAX: Extension: 178 7001 or +39 0831 257001 Extension: 174 6996 or +232 22 295996
IN THE TRIAL CHAMBER
Before:
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Judge Pierre Boutet,
Designated Judge |
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Registrar:
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Robin Vincent
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Date:
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23 April 2004
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PROSECUTOR
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Against
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Issa Hassan Sesay
Morris Kallon Augustine Gbao (Case No.SCSL-04-15-PT) |
KALLON – SCHEDULING ORDER FOR IN CAMERA HEARING
Office of the Prosecutor:
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Defence Counsel for Morris Kallon:
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Luc Côté
Robert Petit |
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Shekou Touray
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Defence Office:
Simone Monasebian |
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THE SPECIAL COURT FOR SIERRA LEONE (“Special Court”)
I, JUDGE PIERRE BOUTET, sitting as Designated Judge pursuant to Rule 28 of the Rules of Procedure and Evidence (“Rules”);
NOTING the Motion for Judicial Notice and Admission of Evidence (“Judicial Notice Motion”) filed on 2 April 2004 by the Office of the Prosecutor (“Prosecution”);
SEIZED OF the Defence Motion for Extension of Time for Counsel to File a Response to “Prosecution Motion for Judicial Notice and Admission of Evidence (“Motion”), filed on 19 April 2004 on behalf of Morris Kallon (“Accused”);
NOTING the Decision of the Acting Principal Defender of 27 February 2004 (“Decision”), withdrawing the assignment of Mr. James Oury (“Withdrawn Counsel”) for the Accused on the basis of conflict of interest;
NOTING the Decision from the Principal Defender of 17 March 2004, provisionally assigning Mr. Shekou Turay as new Counsel for the Accused;
NOTING that, in particular, the Motion seeks extension of time to file any response to the Judicial Notice Motion on the basis that neither Counsel for the Accused nor the Defence Office are currently in possession of relevant materials pertaining to the case against the Accused, such materials being still in possession of the Withdrawn Counsel;[1]
NOTING that the Prosecution has not yet filed any response to the Motion;
RECOGNIZING the urgency of the matter and, consequently, the requirement to proceed as expeditiously as possible;
FINDING that the right of the Accused to a fair and expeditious consideration of the Motion requires the imposition of an expedited timetable;
PURSUANT TO Rule 7(C), Rule 54 and Rule 73(A) of the Rules or Procedure and Evidence;
DECIDE that the Motion will be determined on the basis of oral submissions of the parties; and, for this purpose,
ORDER that oral submissions on the Motion will be heard at an in camera hearing limited to the Prosecution and Counsel for the Accused to be held in Chambers before me on Monday, 26 April 2004, at 4.00pm; and,
FURTHER ORDER the Principal Defender to be present at the said hearing, with a view to provide additional information or clarifications on the issues raised in the Motion and, as necessary, in the oral submissions of the parties;
CONSEQUENTLY INSTRUCT the Registry and, in particular, the Court Management Section, to facilitate the execution of the Orders above.
Done in Freetown, this 19 February 2009
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Judge Pierre Boutet
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Designated Judge
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[Seal of the Special Court]
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[1] Motion, paras 8 and 32.