PROSECUTOR v ISSA HASSAN SESAY & ORS - RULING ON THE FIRST ACCUSED'S APPLICATION FOR PORTIONS OF THE CROSS-EXAMINATION OF WITNESS TF1-125 TO BE HEARD IN CLOSED SESSION (SCSL-04-15-T) [2005] SCSL 72 (16 May 2005);

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TRIAL CHAMBER I


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Robin Vincent
Date:
16th of May 2005
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No. SCSL-04-15-T)

RULING ON THE FIRST ACCUSED’S APPLICATION FOR PORTIONS OF THE CROSS- EXAMINATION OF WITNESS TF1-125 TO BE HEARD IN CLOSED SESSION


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

REASONED RULING ON APPLICATION BY COUNSEL FOR FIRST ACCUSED ON 16/5/05 FOR THE CROSS-EXAMINATION OF WITNESS TF1-125 TO BE HEARD IN CLOSED SESSION


1. This is the reasoned Ruling of the Trial Chamber on the application on the 16th May 2005 by Counsel for First Accused to cross-examine Witness TF1-125 on certain portions of his testimony in closed session relevant to Exhibit 29.

2. Mindful of Article 17(2) of the Statute of the Special Court for Sierra Leone which provides that the “accused shall be entitled to a fair and public hearing, subject to measures ordered by the Special Court for the protection of victims and witnesses”; and having regard to the need to ensure adequate protection of the right of the accused to cross-examine effectively the witnesses against him, and recognising that in the instant situation, effective cross-examination can only be achieved by recourse to closed session while at the same time protecting the identity of the witness, this Chamber rules that the cross-examination on behalf of the First Accused limited to matters relevant to Exhibit 29 shall be conducted in closed session.

  1. This exceptional procedure is required because the Chamber is satisfied that the application is made in the spirit of preserving the integrity of the protective measures ordered in respect of this Witness specifically not to disclose his identity or divulge any details that could directly or indirectly reveal his identity.
  2. In conclusion, it is the considered opinion of the Chamber that if the cross-examination on matters relating to or arising out of Exhibit 29 is heard in public, it would lead to his identification with possible adverse consequences for him.
Done at Freetown, Sierra Leone, this 16th day of May 2005

Hon. Justice Pierre Boutet
Hon. Justice Benjamin Mutanga Itoe
Hon. Justice Bankole Thompson
 
Presiding Judge
Trial Chamber I
  

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