PROSECUTOR v SAM HINGA NORMAN & ORS - SCHEDULING ORDER ON FILING OF SUBMISSIONS BY THE PARTIES SHOULD A MOTION FOR JUDGEMENT OF ACQUITAL BE FILED BY DEFENCE (SCSL-04-14-T) [2005] SCSL 95 (02 June 2005);

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TRIAL CHAMBER I


Before:
Hon. Justice Pierre Boutet, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Benjamin Mutanga Itoe
Registrar:
Robin Vincent
Date:
2nd of June, 2005
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

SCHEDULING ORDER ON FILING OF SUBMISSIONS BY THE PARTIES
SHOULD A MOTION FOR JUDGMENT OF ACQUITTAL BE FILED BY DEFENCE


Office of the Prosecutor:
 
Court Appointed Counsel for Sam Hinga Norman:
Luc Côté
James Johnson
Kevin Tavener
 
Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.
Ibrahim Yillah

Court Appointed Counsel for Moinina Fofana:
   
Victor Koppe
Michiel Pestman
Arrow Bockarie
   
Court Appointed Counsel for Allieu Kondewa:
Charles Margai
Yada Williams
Ansu Lansana

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


NOTING the Scheduling Order issued by the Trial Chamber on the 18th of April, 2005, where the Trial Chamber ordered that the fifth trial session of this case would run from the 25th of May, 2005 to the 24th of June, 2005;


NOTING the Practice Direction on Filing of Documents Before the Special Court for Sierra Leone (“Practice Direction”), adopted on the 27th of February, 2003, as amended on the 1st of June, 2003;


NOTING that the Prosecution submitted to the Presiding Judge at the Status Conference held on the 25th of May, 2005, that the Prosecution case is likely to close during the fifth trial session;


NOTING that Court Appointed Counsel for the Accused, Sam Hinga Norman, Moinina Fofana and Allieu Kondewa, submitted to the Presiding Judge at the same Status Conference, that each Defence Team intends to submit a motion for acquittal on behalf of each Accused at the conclusion of the Prosecution case;


CONSIDERING that it is in the interests of justice and in keeping with the conduct of a fair and expeditious trial, for the Trial Chamber to issue guidelines for the filing of a Motion for Judgement of Acquittal at this time;


PURSUANT TO Rules 26bis, 54 and 98 of the Rules of Procedure and Evidence of the Special Court;


HEREBY ORDERS:


  1. That the Defence Teams notify The Chamber and the Prosecution at the conclusion of the Prosecution case, whether they intend to submit a Motion for Acquittal;
  2. In the event that any Defence Team intends to submit such a motion, they should file it in writing within three weeks from the date that the Prosecution case closes;
  3. That the length of each Defence motion shall not exceed fifty (50) pages in length;
  4. That the Prosecution may file a response to any such motion within three weeks from the date of filing of each Defence motion;
  5. That the length of the Prosecution response to each Defence motion shall not exceed 50 pages in length;
  6. That all filings by the parties should comply with the requirements of the Practice Direction;
  7. That The Chamber will hear oral submissions and responses on the said motion on the 16th of September, 2005;
  8. That the time allocated for the oral submissions to each Defence Team shall not exceed 30 minutes in length, and that the Prosecution accordingly should not exceed 30 minutes to make an oral response for each Accused.

Done in Freetown, Sierra Leone, this 2nd day of June, 2005.



Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Pierre Boutet
Presiding Judge
Trial Chamber I

Hon. Justice Bankole Thompson

[Seal of the Special Court for Sierra Leone]