PROSECUTOR v ALEX TAMBA BRIMA & ORS - CONSEQUENTIAL ORDER AND CORRIGENDUM TO THE DECISION ON PROSECUTION REQUEST FOR LEAVE TO AMEND THE INDICTMENT (SCSL-04-16-PT ) [2004] SCSL 97 (12 May 2004);


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THE TRIAL CHAMBER


Before:
Judge Bankole Thompson, Presiding Judge
Judge Benjamin Mutanga Itoe
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
12 May 2004
PROSECUTOR
Against
Issa Hassan Sesay
Morris Kallon
Augustine Gbao
(Case No.SCSL-04-15-PT)

CONSEQUENTIAL ORDER AND CORRIGENDUM TO THE
DECISION ON PROSECUTION REQUEST FOR LEAVE TO AMEND THE INDICTMENT


Office of the Prosecutor:

Defence Counsel for Issa Hassan Sesay:
Luc Côté
Robert Petit

Timothy Clayson
Wayne Jordash

Defence Counsel for Morris Kallon:


Shekou Touray


Defence Counsel for Augustine Gbao
Girish Thanki
Andreas O’Shea

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;

CONSIDERING the Decision on Prosecution Request for Leave to Amend the Indictment (“Decision”) of 6 May 2004;

CONSIDERING the Corrigendum to Amended Indictment Filed with Prosecution’s Motion for “Request for Leave to Amend the Indictment” (“Corrigendum”) of 10 February 2004;

CONSIDERING that paragraph 71 of the Proposed Amended Indictment filed by the Office of the Prosecutor (“Prosecution”) with the Request for Leave to Amend the Indictment of 9 February 2004 should have incorporated these corrections;

DECIDES AND ORDERS that the first order of the Decision shall read in the following manner:


(i) That the inclusion in the Consolidated Indictment of a new count 8 of “Other Inhumane Act, a crime against humanity, punishable under Article 2.i of the Statute”, as well as the other amendments requested by the Prosecution, is hereby granted in the form contained in the Proposed Amended Indictment filed as Annex 1 to the Motion on 9 February 2004;

shall now read:


(i) That the inclusion in the Consolidated Indictment of a new count 8 of “Other Inhumane Act, a crime against humanity, punishable under Article 2.i of the Statute”, as well as the other amendments requested by the Prosecution, is hereby granted in the form contained in the Proposed Amended Indictment filed as Annex 1 to the Motion on 9 February 2004 and as corrected by the Corrigendum to Amend Indictment Filed with Prosecution’s Motion for “Request for Leave to Amend the Indictment” of 10 February 2004;

FURTHER ORDERS that the Prosecution shall accordingly file the Amended Consolidated Indictment by Thursday, 13 May 2004, before 4.00pm;


INSTRUCTS the Registrar, pursuant to the provisions of Rule 52 of the Rules of Procedure and Evidence, to prepare a certified copy of the Amended Consolidated Indictment and to serve it to the Accused Issa Hassan Sesay, Morris Kallon and Augustine Gbao.


Done at Freetown this 12th day of May 2004

The Trial Chamber

Judge Pierre Boutet






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