PROSECUTOR v ISSA HASSAN SESAY & ORS - ORDER ON URGENT PROSECUTION APPLICATION FOR EXTENSION OF TIME (SCSL-2004-15-T) [2005] SCSL 60 (02 May 2005);

O
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
PHONE: +1 212 963 9915 Extension: 178 7000 or +39 0831 257000 or +232 22 295995
FAX: Extension: 178 7001 or +39 0831 257001 Extension: 174 6996 or +232 22 295996


TRIAL CHAMBER I


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Robin Vincent
Date:
2nd of May, 2005
PROSECUTOR
Against
Issa Hassan Sesay
Morris Kallon
Augustine Gbao
(Case No. SCSL--2004-15-T)

ORDER ON URGENT PROSECUTION APPLICATION FOR EXTENSION OF TIME


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

TRIAL CHAMBER I (“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;

HAVING RECEIVED the Urgent Application for an Extension of Time for Compliance with the Order for Compliance of Prosecution with Rule 94bis Dated 9 March 2005 (“Application”), filed by the Office of the Prosecutor (“Prosecution”) on the 29th of April, 2005;

NOTING the Response to the Application filed by Counsel for the First Accused, Issa Hassan Sesay, on the 2nd of May, 2005;

MINDFUL of the Order for Compliance of Prosecution with Rule 94bis of the 9th of March, 2005 (“Order”), requiring the Prosecution to disclose to the Defence any expert reports it will seek to rely on at trial before 5.00pm on the 4th of May, 2005;

CONSIDERING that the Prosecution in the Application seeks an extension of time to comply with the Order in so far as it applies to the expert report of Witness TF1-301 until 5.00pm on the 5th of May, 2005 or, in the alternative, as soon as the report is received;

CONSIDERING that the Prosecution submits that the said expert report has been completed and was dispatched via worldwide express currier to the Special Court on the 28th of April, 2005 and its delivery is expected for the 5th of May, 2005;

CONSIDERING that the Prosecution further submits that it will comply with the Order in respect of all other expert reports it intends to rely on;

FINDING THEREFORE that in the present situation, it is in the interest of justice to grant an extension of time for the delivery of the expert report of Witness TF1-301;

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Special Court;

GRANTS the Application, and consequentially,

ORDERS that the Prosecution shall disclose to the Defence the expert report of Witness TF1-301 by no later than close of business on Friday, the 6th of May, 2005.


Done in Freetown this 2nd day of May, 2005

Hon. Justice Pierre Boutet

Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Bankole Thompson
 
Presiding Judge
Trial Chamber I
 

[Seal of the Special Court for Sierra Leone]