PROSECUTOR v ALEX TAMBA BRIMA & ORS - CORRIGENDUM DISSENTING OPINION OF THE HON. JUSTICE JULIA SEBUTINDE FROM THE MAJORITY DECISION ON THE EXTREMELY URGENT CONFIDENTIAL JOINT MOTION FOR THE RE-APPOINTMENT OF KEVIN METZGER AND WILBERT HARRIS AS LEAD COUNSE
O
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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TRIAL CHAMBER II
Before:
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Justice Teresa Doherty, Presiding Judge
Justice Richard Lussick Justice Julia Sebutinde |
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Registrar:
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Robin Vincent
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Date:
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25 June 2005
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PROSECUTOR
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Against
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Alex Tamba Brima
Brima Bazzy Kamara Santigie Borbor Kanu (Case No.SCSL-04-16-T) |
CORRIGENDUM
DISSENTING OPINION OF THE HON. JUSTICE JULIA SEBUTINDE FROM THE MAJORITY DECISION ON THE EXTREMELY URGENT CONFIDENTIAL JOINT MOTION FOR THE RE-APPOINTMENT OF KEVIN METZGER AND WILBERT HARRIS AS LEAD COUNSEL FOR ALEX TAMBA BRIMA AND BRIMA BAZZY KAMARA, AND DECISION ON CROSS-MOTION BY THE DEPUTY PRINCIPAL DEFENDER TO TRIAL CHAMBER II FOR CLARIFICATION OF ITS ORAL ORDER OF 12 MAY 2005
First Respondent:
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Defence Counsel for Alex Tamba Brima:
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The Registrar
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Glenna Thompson
Kojo Graham |
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Second Respondent:
The Acting Principal Defender |
Defence Counsel for Brima Bazzy Kamara:
Mohamed Pa-Momo Fofanah |
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Defence Counsel for Santigie Borbor Kanu:
Geert-Jan Alexander Knoops Carry Knoops Abibola E. Manly-Spain |
NOTING that the Hon. Justice Julia Sebutinde issued her “Dissenting Opinion From the Majority Decision on the Extremely Urgent Confidential Joint Motion for the Re-appointment of Kevin Metzger and Wilber Harris as Lead Counsel for Alex Tamba Brima and Brima Bazzy Kamara, And Decision on Cross-Motion by the Deputy Principal Defender to Trial Chamber II for Clarification of its Oral Order of 12 May 2005” (“the Dissenting Opinion”) on 11 July 2005;
NOTING further that there were certain typographical errors and omissions in the Dissenting Opinion that should be rectified;
NOW THEREFORE pursuant to Rule 54 of the Rules of Procedure and Evidence of the Special Court (“The Rules”), the Dissenting Opinion is amended as follows:
- In the third paragraph of the “Introduction” by inserting immediately after the first sentence the following sentence: “Rule 26 bis enjoins the Chamber to ensure amongst others, that “the proceedings before the Special Court are conducted with full respect for the rights of the accused”.”
- In paragraph 5, line 4, by deleting the word “being” occurring immediately before the word “tantamount”.
- In paragraph 5, line 7, by substituting for the word “included” occurring therein, the word “include”.
- In paragraph 7, line 2, by deleting the word ‘in” occurring immediately after the phrase “indication that”.
- In paragraph 11, line 5, by inserting immediately the word “to”, the phrase “can be applied”.
- In paragraph 11, foot note 8, by inserting immediately the word “Barayagwuriza” occurring therein, the name “Barayagwiza”.
- In paragraph 13, line 5, by deleting the word “in” occurring immediately before the word “tantamount”.
- I In paragraph 15, line 1, by inserting immediately the word “expressed” the phrase “in paragraph 53 of the Majority Decision”.
- In paragraph 19, line 2, by substituting for the date “19 May 2005’, the date “18 May 2005”.
- In paragraph 28, line 5, by deleting the word “results”.
- In paragraph 28, line 19, by inserting between the words “mind and “be” the word “or”.
- In paragraph 32, line 19, by substituting for the phrase “to automatically” with the phrase “and to automatically”.
- In paragraph 40, line 3, by inserting immediately after the word “to” the word “use”.
- In paragraph 41, line 22, by deleting the word “on”.
- In paragraph 46, line 10, by substituting for the word “purport”, the word “purports”.
- In paragraph 46, line 21, by substituting for the phrase “Rule 46 (E)” the phrase “Rule 45 (E)”.
- In paragraph 47, line 12, by substituting for the phrase “on any alleged loss” occurring therein, the phrase “on account of any alleged loss”.
- In paragraph 47, line 27, by deleting the letter “n” occurring therein and substituting in its place the word “in”.
- In paragraph 52, line 9, by inserting immediately after the phrase “international tribunal” occurring therein, the word “has”.
- In paragraph 54, line 30, by inserting immediately after the phrase “its officials,” occurring therein, the phrase “their decisions being”.
- In paragraph 56, line 6 of the second quotation, by deleting the word “be” occurring therein.
- In paragraph 57, line 3, by substituting for the name “Mnehielle” the name “Nmehielle”.
Done at Freetown, Sierra Leone, this 25th day of July 2005.
Hon. Justice Julia Sebutinde
[Seal of the Special Court for Sierra Leone]