PROSECUTOR v ISSA HASSAN SESAY & ORS - ORDER FOR COMMENCEMENT OF TRIAL ( SCSL-04-15-PT ) [2004] SCSL 93 (11 May 2004);


SPECIAL COURT FOR SIERRA LEONE
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THE TRIAL CHAMBER


Before:
Judge Bankole Thompson, Presiding Judge
Judge Benjamin Mutanga Itoe
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
11 May 2004
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-PT)

ORDER FOR COMMENCEMENT OF TRIAL


Office of the Prosecutor:
Defence Counsel for Sam Hinga Norman:
Luc Côté
James Johnson
James Jenkins-Johnston

Defence Counsel for Moinina Fofana:


Michiel Pestman


Defence Counsel for Allieu Kondewa
Charles Margai

THE TRIAL CHAMBER (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Judge Bankole Thompson, Presiding Judge, Judge Benjamin Mutanga Itoe and Judge Pierre Boutet;

NOTING the Decision and Order on Prosecution Motions for Joinder filed on 27 January 2004, ordering a joint trial of the three accused Sam Hinga Norman, Allieu Kondewa and Moinina Fofana;

NOTING the Consolidated Indictment filed 5 February 2004;

NOTING the submissions of the parties at the Pre-Trial Conference held on 28 April 2004;

NOTING the Orders of this Chamber on Protective Measures for Witnesses and Victims and for Non-public Disclosure in the cases against Sam Hinga Norman of 23 May 2003[1], against Allieu Kondewa of 10 October 2003[2] and against Moinina Fofana of 16 October 2003[3] (collectively “the CDF Protective Measures Orders”);

NOTING also the Prosecution Motion for Modification of Protective Measures for Witnesses, filed 4 May 2004, in which it seeks modification of the CDF Protective Measures Orders;

PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the Special Court for Sierra Leone;

HEREBY ORDERS that:

  1. The joint trial of the three accused Sam Hinga Norman, Allieu Kondewa and Moinina Fofana shall commence on Thursday 3 June 2004, at 10.00 am; and
  2. Without prejudice to the Prosecution Motion for Modification of Protective Measures, the CDF Protective Measures Orders are amended only to the extent that the Prosecution shall disclose to the Defence the identifying data of the first 10 witnesses it intends to call by Wednesday 12 May 2004.
Done at Freetown this 11th Day of May 2004

Judge Bankole Thompson
Presiding Judge, Trial Chamber

[Seal of the Special Court for Sierra Leone]

[1] Prosecutor v Sam Hinga Norman, SCSL-03-08, Decision on the Prosecution motion for immediate protective measures for witnesses and victims and for non-public disclosure, 23 May 2003.
[2] Prosecutor v Allieu Kondewa, SCSL-03-12, Ruling on the Prosecution Motion for Immediate Protective Measures for Witnesses and Victims and for Non-Public Disclosure and Urgent Request for Interim Measures until Appropriate Protective Measures are in Place, 10 October 2003.
[3] Prosecutor v Moinina Fofana, SCSL-03-11, Decision on the Prosecution motion for immediate protective measures for witnesses and victims and for non-public disclosure, 16 October 2003.