TRIAL CHAMBER I

Public Document

ORDER FOR EXTENSION OF TIME TO RESPOND TO THE PROSECUTION NOTICE UNDER 92bis TO ADMIT THE TRANSCRIPTS OF TESTIMONY OF WITNESS TF1-369

TRIAL CHAMBER I (“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;

NOTING the “Prosecution Notice Under Rule 92bis to Admit the Transcripts of Testimony of TF1-369” filed confidentially by the Office of the Prosecutor (“Prosecution”) on the 3rd of May, 2006 (“Notice”);

SEIZED OF the “Gbao Request for Extension of Time to Respond to the Prosecution Notice Under Rule 92bis to Admit the Transcripts of Testimony of TF1-369”, filed publicly on the 8th of October, 2006 (“Application”) by Court Appointed Counsel for the Third Accused, Augustine Gbao (“Defence”);[1]

CONSIDERING that Rule 92bis(C) of the Rules of Procedure and Evidence (“Rules”) provides that objections to a Notice provided under this Rule “must be submitted within 5 days”;

CONSIDERING that the Application requests an extension of time to respond to the Prosecution Notice on the basis that, in particular, Witness TF1-369 is potentially a significant witness and Court Appointed Counsel had in the meantime to address another notice pursuant to Rule 92bis filed by the Prosecution on the 3rd of May, 2006 and concerning Witness TF1-256;[2]

CONSIDERING that the Application requests an extension of time for an additional three days;[3]

MINDFUL of the rights of the Accused, and in particular of the provisions of Article 17 of the Statute of the Special Court for Sierra Leone on the right to have adequate time and facilities for the preparation of his defence;

FINDING that the request for an extension of time is reasonable given the particular circumstances of this Notice;

SATISFIED that an extension of time for the Defence to file its objection, if any, until Thursday, the 11th of May, 2006 will provide the Defence with adequate time to properly respond to the Notice and be in the interests of justice;

PURSUANT to Rule 7bis and 54 of the Rules;

HEREBY GRANT the Defence Application and ORDER that the Defence must file any objections to the Notice by Thursday, the 11th of May, 2006;
AUTHORIZES the Court Management Section of the Special Court to serve the present Order after 5:00pm, today the 8th of May, 2006, if necessary.

[1] The Trial Chamber notes that the Notice was filed confidentially while the present Application was filed publicly. The Chamber is satisfied that it is in the interests of justice that this Order be now filed publicly.
[2] Application, para. 2..
[3] Id., para. 3.