PROSECUTOR v SAM HINGA NORMAN & ORS - KONDEWA - DECISION ON DEFENCE MOTION REQUESTING AN EXTENSION OF TIME WITHIN WHICH TO RESPOND TO PROSECUTION'S MOTION FOR JUDICIAL NOTICE AND ADMISSION OF EVIDENCE (SCSL-04-14-PT ) [2004] SCSL 79 (30 April 2004);


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THE TRIAL CHAMBER


Before:
Judge Pierre Boutet
Designated Judge
Registrar:
Robin Vincent
Date:
30 April 2004
PROSECUTOR
Against
Sam Hinga Norman
Moinina Fofana
Allieu Kondewa
(Case No.SCSL-04-14-PT)

KONDEWA – DECISION ON DEFENCE MOTION REQUESTING AN EXTENSION OF TIME WITHIN WHICH TO RESPOND TO PROSECUTION’S MOTION FOR JUDICIAL NOTICE AND ADMISSION OF EVIDENCE


Office of the Prosecutor:

Defence Counsel for Sam Hinga Norman:
Luc Côté
Charles Caruso

James Jenkins-Johnston

Defence Counsel for Moinina Fofana:


Michiel Pestman


Defence Counsel for Allieu Kondewa:
Yada Hashim Williams

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 Requesting an Extension of Time within which to Respond to Prosecution’s Motion for Judicial Notice and Admission of Evidence (“Motion”), filed on 23 April on behalf of Allieu Kondewa (“Accused”);


NOTING Rule 7(C) of the Rules according to which a response to a motion shall be filed within ten days unless otherwise ordered;


CONSIDERING that the Motion requests an extension of time to respond to the Judicial Notice Motion of 14 days after the serving of unredacted witness statements and/or witness summaries and after full disclosure;


NOTING the Scheduling Order of 28 April 2004 for a hearing in Chambers;


CONSIDERING the parties’ oral submissions on the Motion at the hearing held in Chambers on 29 April 2004;


WHEREAS following these oral submissions there is no requirement for any written submissions by the Prosecution or any further written submissions by the Defence;


MINDFUL of the rights of the Accused, and in particular of the provisions of Article 17 of the Statute of the Special Court on the right to have adequate time and facilities for the preparation of his defence;


FINDING, however, that in the present circumstances there does not exist good and sufficient cause or exceptional circumstances to grant an extension of time to prepare a response to the Judicial Notice Motion;


HEREBY DENY the request and dismiss the Motion.


Done at Freetown this thirtieth day of April 2004

Judge Pierre Boutet
Designated Judge



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