PROSECUTOR v SAM HINGA NORMAN & ORS - CORRIGENDUM: DECISION ON THE IMPERMISSIBILITY OF ELICITING EVIDENCE INVOLVING THE SECOND ACCUSED THROUGH CROSS-EXAMINATION OF WITNESSES CALLED BY THE THIRD ACCUSED (SCSL-04-14-T ) [2006] SCSL 131 (10 November 2006);


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TRIAL CHAMBER I


Before:
Hon. Justice Pierre Boutet, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Benjamin Mutanga Itoe
Registrar:
Mr. Lovemore G. Munlo, SC
Date:
10th November 2006
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

Public Document


CORRIGENDUM
DECISION ON THE IMPERMISSIBILITY OF ELICITING EVIDENCE INVOLVING THE SECOND ACCUSED THROUGH CROSS-EXAMINATION OF WITNESSES CALLED BY THE THIRD ACCUSED


Office of the Prosecutor:
Court Appointed Counsel for Sam Hinga Norman:
Christopher Staker
James Johnson
Joseph Kamara
Mohammed A. Bangura
Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.
Alusine Sani Sesay

Court Appointed Counsel for Moinina Fofana:


Victor Koppe
Arrow Bockarie
Michiel Pestman
Steven Powles


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 Bankole Thompson, Presiding Judge, Hon. Justice Pierre Boutet and Hon. Justice Benjamin Mutanga Itoe;

MINDFUL of the “Decision on the Impermissibility of Eliciting Evidence Involving the Second Accused Through Cross-Examination of Witnesses Called by the Third Accused” (“Decision”);

CONSIDERING paragraph 16 of this Decision:

16. As a preliminary matter, The Chamber reiterates that the Prosecution’s obligation to disclose exculpatory evidence is not relevant to the present Objection[1] and notes that the issues relating to Counsel for Fofana’s submissions on the Prosecution’s alleged failure to disclose potentially exculpatory evidence are under consideration in a pending motion.[2]

CONSIDERING that this paragraph should, instead, read as follows:

16. As a preliminary matter, The Chamber reiterates that the Prosecution’s obligation to disclose exculpatory evidence is not relevant to the present Objection[3] and notes that the issues relating to Counsel for Fofana’s submissions on the Prosecution’s alleged failure to disclose potentially exculpatory evidence have been disposed of by a separate Decision.[4]


FOR THE FOREGOING REASONS,


PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the Special Court,


ORDERS that the Decision be amended as follows:


16. As a preliminary matter, The Chamber reiterates that the Prosecution’s obligation to disclose exculpatory evidence is not relevant to the present Objection[5] and notes that the issues relating to Counsel for Fofana’s submissions on the Prosecution’s alleged failure to disclose potentially exculpatory evidence have been disposed of by a separate Decision.[6]


Done in Freetown, Sierra Leone, this 10th day of November 2006.



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

[Seal of the Special Court for Sierra Leone]


[1] Transcript of the 6th of October, 2006, p. 9, l. 6 – 19.
[2] Prosecutor v. Norman et al, SCSL-04-14-724, “Confidential Defence Request for Full Review of Prosecution Evidence to Identify Rule 68 Material for Disclosure”, filed 24 October 2006.
[3] Transcript of the 6th of October, 2006, p. 9, l. 6 – 19.
[4] Prosecutor v. Norman et al, SCSL-04-14-730, “Decision on Fofana Request for Full Review of Prosecution Evidence to Identify Rule 68 Material for Disclosure”, 6 November 2006.
[5] Transcript of the 6th of October, 2006, p. 9, l. 6 – 19.
[6] Prosecutor v. Norman et al, SCSL-04-14-730, “Decision on Fofana Request for Full Review of Prosecution Evidence to Identify Rule 68 Material for Disclosure”, 6 November 2006.