PROSECUTOR v SAM HINGA NORMAN & ORS - ORDER FOR COMMENCEMENT OF TRIAL (SCSL-04-14-PT ) [2004] SCSL 94 (11 May 2004);


SPECIAL COURT FOR SIERRA LEONE
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IN THE APPEALS CHAMBER


Before:
Justice Renate Winter, Presiding
Justice George Gelaga King
Justice Emmanuel Ayoola
Justice Geoffrey Robertson
Justice Raja Fernando
Registrar:
Robin Vincent
Date:
11 May 2004
PROSECUTOR
Against
Sam Hinga Norman
Moinina Fofana
Allieu Kondewa
(Case No.SCSL-04-14-PT)

SCHEDULING ORDER


Office of the Prosecutor:
Defence Counsel for Sam Hinga Norman:
Desmond de Silva QC
Luc Côté
James Jenkins-Johnston

Defence Counsel for Moinina Fofana:


Michiel Pestman


Defence Counsel for Allieu Kondewa
Charles Margai

THE APPEALS CHAMBER OF THE SPECIAL COURT FOR SIERRA LEONE;


NOTING that the following motions are pending before it:


  1. Norman: Motion to Recuse Judge Winter from deliberating in the preliminary motion on the recruitment of child soldiers, 25 March 2004;
  2. Norman: Preliminary Motion based on Lack of Jurisdiction (Child Recruitment), 26 June 2003;
  3. Fofana: Preliminary Defence Motion on Lack of Jurisdiction: Illegal Delegation of Powers by the United Nations, 14 November 2003;
  4. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Jurisdiction by Sierra Leone, 14 November 2003;
  5. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Nature of the Armed Conflict, 14 November 2003;
  6. Kondewa: Defence Motion based on Lack of Jurisdiction: Establishment of Special Court Violates Constitution of Sierra Leone, 7 November 2003;
  7. Kondewa: Defence Motion based on Lack of Jurisdiction/Abuse of Process: Amnesty Provided by the Lomé Accord, 7 November 2003.

CONSIDERING that an oral hearing was held on 6 November 2003 in relation to the Norman Preliminary Motion based on Lack of Jurisdiction (Child Recruitment);


NOTING Rule 117(A) according to which “A reference under Rule 72(E) or (F)...shall be heard expeditiously and may be determined entirely on the basis of written submissions”;


DECIDING that pursuant to Rule 117(A), the Chamber will not hear oral argument on the outstanding motions listed as iii.) – vii.) above;


NOTING that the Appeals Chamber will sit in the composition appropriate to the Motion before it;


HEREBY ORDERS that the outstanding motions listed above be scheduled as follows:

Tuesday 25 May 2004, at 10.00, for rendering of decisions:

  1. Fofana: Preliminary Defence Motion on Lack of Jurisdiction: Illegal Delegation of Powers by the United Nations;
  2. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Jurisdiction by Sierra Leone;
  3. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Nature of the Armed Conflict;
  4. Kondewa: Defence Motion based on Lack of Jurisdiction: Establishment of Special Court Violates Constitution of Sierra Leone;
  5. Kondewa: Defence Motion based on Lack of Jurisdiction/Abuse of Process: Amnesty Provided by the Lomé Accord.

Tuesday 25 May 2004, at 10.30, for hearing:

  1. Norman: Motion to Recuse Judge Winter from Deliberating in the Preliminary Motion on the Recruitment of Child Soldiers.

Friday, 28 May 2004, at 10:00 for rendering of decision:

  1. Norman: Preliminary Motion based on Lack of Jurisdiction (Child Recruitment), 26 June 2003.

Done at Freetown this eleventh day of May 2004


_____________
Justice Winter
Presiding

[Seal of the Special Court for Sierra Leone]