PROSECUTOR v MOININA FOFANA & ORS - SCHEDULING ORDER FOR SENTENCING HEARING AND JUDGEMENT (SCSL-04-14-T ) [2007] SCSL 57 (01 August 2007);


SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER I


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Herman von Hebel
Date:
2nd of August 2007
PROSECUTOR
Against
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-04-14-T)

Public Document


SCHEDULING ORDER FOR SENTENCING HEARING AND JUDGEMENT


Office of the Prosecutor:
Stephen Rapp
James C. Johnson
Joseph Kamara

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
Susan Wright



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

NOTING the Judgement rendered against the Second Accused, Moinina Fofana (“Fofana”) and the Third Accused, Allieu Kondewa (“Kondewa”) on the 2nd of August 2007, where the Trial Chamber found Fofana guilty on Counts 2, 4, 5 and 7 and Kondewa guilty on Counts 2, 4, 5, 7 and 8 of the Indictment;

NOTING that Rule 100(B) of the Rules of Procedure and Evidence (“Rules”) states that “when the Accused have been convicted by a Trial Chamber, the Trial Chamber may hear submissions of the parties at a sentencing hearing”;[1]

CONSIDERING that this is an appropriate case for the Trial Chamber to exercise its discretion pursuant to Rule 100(B) of the Rules to hear submissions of the parties at a sentencing hearing;

MINDFUL of the provisions of Rule 100(A) of the Rules, which states:

If the Trial Chamber convicts the accused or the accused enters a guilty plea, the Prosecutor shall submit any relevant information that may assist the Trial Chamber in determining an appropriate sentence no more than 7 days after such conviction or guilty plea. The defendant shall thereafter, but no more that 7 days after the Prosecutor’s filing submit any relevant information that may assist the Trial Chamber in determining an appropriate sentence.

NOTING the Order Scheduling Judicial Recess dated the 8th of June 2007;

CONSIDERING that it would be in the interests of justice to allow the parties an extension of time in which to submit any relevant information that may assist the Trial Chamber in determining an appropriate sentence;

PURSUANT to Rules 54 and 100 of the Rules;

HEREBY ORDERS as follows:

  1. that the Office of the Prosecutor (“Prosecution”) file any relevant information that may assist the Trial Chamber in determining an appropriate sentence no later than 4 p.m. on Friday, the 24th of August 2007;
  2. that the Defence file any relevant information that may assist the Trial Chamber in determining an appropriate sentence no later than 4 p.m. on Friday, the 31st of August 2007;
  3. that a Sentencing Hearing be held on Wednesday, the 19th of September 2007 at 10:00 a.m., for additional oral arguments only;
  4. that the length of the sentencing submissions for the Prosecution shall not exceed one hour and that the length of the sentencing submissions of Counsel for each Accused person shall not exceed one hour;
  5. that a Sentencing Judgement be rendered on Monday, the 24th of September 2007 at 10:00 a.m.
Done at Freetown, Sierra Leone, this 2nd day of August 2007

Hon. Justice Pierre Boutet

Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Bankole Thompson

Presiding Judge
Trial Chamber I


[Seal of the Special Court for Sierra Leone]


[1] Emphasis added.