PROSECUTOR v ISSA HASSAN SESAY & ORS - DECISION ON DEFENCE APPLICATION TO WITHDRAW MOTION REQUESTING REASONS FOR PROSECUTION OBJECTION TO AUTHENTICITY OF THE EXHIBITS FILED BY ISSA SESAY ( SCSL-04-15-T ) [2007] SCSL 71 (28 September 2007);
SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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TRIAL CHAMBER I
Before:
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Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson Hon. Justice Pierre Boutet |
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Registrar:
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Mr. Herman von Hebel
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Date:
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28th of September 2007
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PROSECUTOR
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Against
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ISSA HASSAN SESAY
MORRIS KALLON AUGUSTINE GBAO (Case No. SCSL-04-15-T) |
Public Document
DECISION ON DEFENCE APPLICATION TO WITHDRAW MOTION REQUESTING REASONS FOR PROSECUTION OBJECTION TO AUTHENTICITY OF THE EXHIBITS FILED BY ISSA SESAY
Office of the Prosecutor:
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Defence Counsel for Issa Hassan
Sesay:
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Peter Harrison
Reginald Fynn |
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Wayne Jordash
Sareta Ashraph |
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Defence Counsel for Morris
Kallon:
Shekou Touray Charles Taku Melron Nicol-Wilson |
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Court Appointed Counsel for Augustine
Gbao:
John Cammegh |
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 Motion Requesting Reasons for Prosecution Objection to Authenticity of the Exhibits Filed by Issa Sesay, filed publicly by the Defence for the First Accused, Issa Hassan Sesay (“Sesay Defence”) on the 30th of April 2007 (“Motion”) requesting that the Office of the Prosecutor (“Prosecution”) provide a reasoned explanation for its objection to each and all Sesay Defence exhibits as indicated in its Exhibits Chart on the grounds of lack of authenticity;[1]
NOTING the Response to the said Motion filed by the Prosecution on the 8th of May 2007 (“Response”);
NOTING that the Sesay Defence did not file any Reply to the Prosecution Response;
REITERATING that, the parties cannot without leave of the Trial Chamber withdraw a Motion after it has been filed;[2]
NOTING that during the Status Conference held in this case on the 26th of September 2007, the Sesay Defence indicated its intention to withdraw the Motion on the basis of the Prosecution Response thereto;[3]
CONSIDERING the reasons outlined by the Sesay Defence at the said Status Conference for its withdrawal of the Motion;[4]
THE TRIAL CHAMBER
GRANTS leave to the Sesay Defence to withdraw the said Motion. The Motion is accordingly struck out.
INSTRUCTS Court Management Section to strike out the Motion from the Record.
Done at Freetown, Sierra Leone, this 28th day of
September 2007
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Hon. Justice Pierre Boutet
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Hon. Justice Benjamin Mutanga Itoe
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Hon. Justice Bankole Thompson
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Presiding Judge
Trial Chamber I |
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[Seal of the Special Court]
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[1] Motion, paras 5
and 10. See also Prosecutor v. Sesay, Kallon and Gbao, SCSL-04-15-T,
Filing of Documents in Compliance with the Scheduling Order Concerning the
Preparation and the Commencement of the Defence
Case dated 30 October 2006, 5
March 2007, Annex B (“Exhibits
Chart”).
[2]
Prosecutor v. Norman, Fofana and Kondewa, SCSL-04-14-PT, Norman –
Interim Order and Scheduling Order, 2 April 2004, footnote 1. See also
Prosecutor v. Sesay, Kallon and Gbao, SCSL-04-15-T, Sesay –
Decision on Application to Withdraw Motion Seeking the Disqualification of
Justice Robertson from All
Judicial Functions Involving the RUF (AC), 15 October
2004; ibid, Decision on Prosecution Application to Withdraw Ex
Parte and Confidential Motions, 4 May
2007.
[3]
Transcripts, Status Conference, 26 September 2007, p.
28-29.
[4]
Ibid.