PROSECUTOR v ISSA HASSAN SESAY & ORS - RULING ON DISCLOSURE REGARDING WITNESS TF1-015 (Case No. SCSL-04-15-T) [2005] SCSL 17 (28 January 2005);

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THE TRIAL CHAMBER


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Robin Vincent
Date:
28th of January 2005
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No. SCSL-04-15-T)

RULING ON DISCLOSURE REGARDING WITNESS TF1-015


Office of the Prosecutor:
 
Defence Counsel for Issa Hassan Sesay:
Luc Côté
Lesley Taylor
Peter Harrison
 
Wayne Jordash
Sareta Ashraph

Defence Counsel for Morris Kallon:
   
Shekou Touray
Melron Nicol-Wilson
   
Defence Counsel for Augustine Gbao:
Andreas O’Shea
John Cammegh

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

SEIZED of the objection raised by the Defence Counsel for the three Accused Issa Hassan Sesay, Morris Kallon and Augustine Gbao made on the 28th of January 2005 during the in-chief examination of Prosecution Witness TF1-015;

NOTING Rule 66 of the Rules of Procedure and Evidence of the Special Court (“Rules”);
THE TRIAL CHAMBER HEREBY ISSUES ITS RULING:


  1. This is the unanimous ruling of the Chamber on the objection raised by the Defence to certain pertinent portions o the testimony of Witness TF1-015.
  2. The Chamber is of the opinion that in relation to the matters complained of by the defence regarding the circumstances of the alleged arrest and mistreatment of this witness by Captain Banya, there has been a breach of Rule 66 of the Rules of the Court.
  3. In these circumstances, we ORDER that the Prosecution disclose fully by the latest the end of this 28th day of January 2005 all information on the aforesaid matters and any undisclosed related information provided by this witness to the Office of the Prosecutor.
  4. Consequently, the trial is adjourned to Monday, the 31st of January 2005 at 9:30 a.m.

Done in Freetown, Sierra Leone, this 28th day of January 2005

Hon. Justice Pierre Boutet

Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Bankole Thompson
 
Presiding Judge
Trial Chamber
 

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