PROSECUTOR v SAM HINGA NORMAN & ORS - DECISION ON EXTREMELY URGENT PROSECUTION REQUEST FOR AN EXTENSION OF TIME TO SEEK LEAVE TO APPEAL (SCSL-04-14-T) [2005] SCSL 96 (07 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:
7th of June, 2005
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

DECISION ON EXTREMELY URGENT PROSECUTION REQUEST FOR AN EXTENSION OF TIME TO SEEK LEAVE TO APPEAL


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.

Court Appointed Counsel for Moinina Fofana:
   
Victor Koppe
Michiel Pestman
Arrow J. 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 and Hon. Justice Benjamin Mutanga Itoe;

BEING SEIZED of the “Extremely Urgent Prosecution Request for an Extension of Time to Seek Leave to Appeal” filed on 3rd of June, 2005, in which the Prosecution requests an extension of time to file leave to appeal against Decisions of the Trial Chamber concerning the admissibility of evidence delivered on the 1st and 2nd of June, 2005, and asks that the time limit to file such leave to appeal runs from the date of publication of the reasoned written Decision of the Trial Chamber;

NOTING the “Decision on the Urgent Prosecution Motion for a Ruling on the Admissibility of Evidence” (“Admissibility Decision”) dated 23rd of May, 2005, where the Trial Chamber stated “a reasoned written Decision will be published in due course to which shall be appended the Dissenting Opinion”;

NOTING the Oral Majority Decision of the Trial Chamber issued on 1st of June, 2005 concerning the admissibility of evidence;

NOTING the Oral Majority Decision of the Trial Chamber issued on 2nd of June, 2005 concerning the admissibility of evidence;

CONSIDERING that Rule 73 of the Rules of Procedure and Evidence of the Special Court (“Rules”), provides that the Prosecution when seeking leave to appeal, is required to do so within three days of the impugned decision;

CONSIDERING that pursuant to the above mentioned Rule, the Prosecution would be required to file a motion seeking leave to appeal the above mentioned decisions of the 1st and 2nd of June, 2005 on or before 6th of June, 2005;

CONSIDERING that the two later decisions of the 1st and 2nd of June, 2005, are related to the “Admissibility Decision” of 23rd of May, 2005 for which a written reasoned decision and dissenting opinion are still pending, and that the Prosecution cannot consider its position until the awaited reasons are published;

CONSIDERING that the Prosecution has shown good cause to justify the extension of time to file leave to appeal the 1st and 2nd of June, 2005 decisions;

HEREBY ORDERS the Prosecution to file their Request for Leave to Appeal within 3 days of the publication of the written reasoned Decision and dissenting opinion to the Admissibility Decision of the Trial Chamber.


Done in Freetown, Sierra Leone, this 7th 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]