TRIAL CHAMBER I

ORDER FOR EXTENSION OF TIME TO RESPOND TO THE
PROSECUTION CONFIDENTIAL NOTICE UNDER 92bis TO ADMIT THE
TRANSCRIPTS OF TESTIMONY OF TF1-023, TF1-104 AND TF1-169

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

NOTING the “Confidential Prosecution Notice Under Rule 92bis to Admit the Transcripts of Testimony of TF1-023, TF1-104 and TF1-169” filed by the Office of the Prosecutor (“Prosecution”) on the 25th of October 2005 (“Notice”);[1]

SEIZED OF the “Application for Extension of Time to Respond to the Prosecution Notice Under Rule 92bis to Admit the Transcripts of Testimony of TF1-023, TF1-104 and TF1-169” also filed on the 26th of October 2005 (“Application”) by Counsel for the Accused Issa Hassan Sesay (“Defence”);

NOTING the Response to the Application filed by the Prosecution on the 26th of October 2005;

CONSIDERING that Rule 92bis(C) of the Rules of Procedure and Evidence (“Rules”) provides that objections to a Notice provided under this Rule “must be submitted within 5 days”;

CONSIDERING that the Application requests an extension of time to respond to the Prosecution Notice on the basis that the Defence Counsel will be travelling to Freetown during this period, the volume of the material in question, the lack of notice prior to the start of the trial session and the fundamental nature of the issues raised;[2]

MINDFUL of the rights of the Accused, and in particular of the provisions of Article 17 of the Statute of the Special Court for Sierra Leone on the right to have adequate time and facilities for the preparation of his defence;

CONSIDERING that the Application requests an extension of time for an additional seven days until the 7th of November 2005 or until the Trial Chamber considers appropriate;[3]

CONSIDERING that the Prosecution does not object to such extension of time;

FINDING that the request for an extension of time is reasonable given the particular circumstances of this Notice;

SATISFIED that an extension of time for the Defence to file its objection until Thursday, the 3rd of November 2005 will provide the Defence with adequate time to properly respond to the Prosecution Notice and be in the interests of justice;

PURSUANT to Rule 7bis and 54 of the Rules;
HEREBY GRANT the Defence Application and ORDER that the Defence must file any objections to the Prosecution Notice by the end of Thursday, the 3rd of November 2005.

[1] The Trial Chamber notes that this Notice was filed confidentially while the present Application was filed publicly. The Chamber is satisfied that it is in the interests of justice that this Order be filed publicly.
[2] Application, paras 3-7.
[3] Id., para. 8.