PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER UNDER RULE 16 TO CONTINUE TRIAL IN THE ABSENCE OF A JUDGE (SCSL-04-16-T ) [2005] SCSL 142 (11 October 2005);
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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Lovemore Munlo
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Date:
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11 October 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) |
ORDER UNDER RULE 16 TO CONTINUE TRIAL IN THE ABSENCE OF A JUDGE
Office of the Prosecutor:
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Defence Counsel for Alex Tamba Brima:
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Luc Côté
Lesley Taylor James Hodes Melissa Pack |
Kojo Graham
Glenna Thompson |
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Defence Counsel for Brima Bazzy Kamara:
Andrew Daniels Mohamed Pa-Momo Fofanah |
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Defence Counsel for Santigie Borbor Kanu:
Geert-Jan Alexander Knoops Carry Knoops Abibola E. Manly-Spain |
TRIAL CHAMBER II (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”), composed of Justice Teresa Doherty, presiding, Justice Richard Lussick and Justice Julia Sebutinde;
NOTING that Justice Doherty is unable to continue to sit in the trial for a short duration;
BEING SATISFIED that it would be in the interests of justice to continue in the absence of Justice Doherty, in accordance with the Rule 16 (A) of the Rules of Procedure and Evidence of the Special Court ("Rules"),
NOTING the provisions of Rule 16 (A) of the Rules, which state:
If a Judge is unable to continue sitting in a proceeding, trial or appeal which has partly been heard for a short duration and the remaining Judges are satisfied that it is in the interests of justice to do so, those remaining Judges may order that the proceeding, trial or appeal continue in the absence of that Judge for a period of not more than five working days.
NOTING the provision of Rule 27(D) of the Rules, which state:
The provisions of Rule 17 will apply in the event of the Presiding Judge being unable to carry out his functions.
NOTING the provisions of Rule 17(B) of the Rules, which state:
Judges elected on different dates shall take precedence according to the dates of their election or appointment; Judges elected or appointed on the same date shall take precedence according to age.
NOTING that pursuant to the said Rule 17 (B), Justice Lussick will act as Presiding Judge in the absence of Justice Doherty;
HEREBY ORDERS that the trial continue in the absence of Justice Doherty for a period of not more than five working days from today.
Done at Freetown, Sierra Leone, this 11th day of October 2005.
Justice Julia Sebutinde
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Justice Richard Lussick
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[Seal of the Special Court for Sierra Leone]