PROSECUTOR v ISSA HASSAN SESAY & ORS - ORDER ON CO-OPERATION BETWEEN THE PARTIES ( SCSL-04-15-T ) [2007] SCSL 75 (08 October 2007);


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TRIAL CHAMBER I


Before:
Hon. Justice Benjamin Mutanga Itoe, Presiding Judge
Hon. Justice Bankole Thompson
Hon. Justice Pierre Boutet
Registrar:
Mr. Herman von Hebel
Date:
8 October 2007
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No. SCSL-04-15-T)

Public Document


ORDER ON CO-OPERATION BETWEEN THE PARTIES


Office of the Prosecutor:
Defence Counsel for Issa Hassan Sesay:
Peter Harrison
Reginald Fynn
Wayne Jordash
Sareta Ashraph


Defence Counsel for Morris Kallon:
Shekou Touray
Charles Taku
Melron Nicol-Wilson


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;
RECALLING the Consequential Orders for the Preparation and the Commencement of the Defence Case dated the 28th of March 2007, with which this Chamber ordered, inter alia, that each Defence Team and the Prosecution file every 2 months a Status Report (hereinafter “Joint Status Report”) on any additional point of law or fact that they have agreed upon, which shall be signed by the Parties;


RECALLING the Parties that in its subsequent Order Concerning the Filing of Status Reports Regarding Additional Agreed Upon Points of Fact and Law dated the 7th of June 2007, this Chamber noted that the first Joint Status Report had not been filed yet at that time[1] and indicated that the next Joint Status Report was due on the 28th of July 2007;


NOTING that the afore-mentioned Joint Status Report was filed by the Parties last week; [2]


NOTING that no agreement has been reached by the parties;


CONSIDERING the continuous lack of progress to identify further points of agreement in points of law and fact expressed by the Parties in their Joint Status Report;


CONSIDERING that at the Status Conference held on the 26th of September, 2007, the Parties informed the Chamber that in spite of the fact that no specific agreement had been reached, co-operation between them was continuing;[3]


PURSUANT TO Rules 54 and 73bis(F) of the Rules of Procedure and Evidence of the Special Court;

ORDERS AS FOLLOWS:

  1. That the Parties shall no longer be required to submit on a regular basis a Joint Status Report; to the Chamber;
  2. That the Parties should continue to co-operate on a regular basis and, shall promptly report to the Chamber any agreed points of fact and law.

Done in Freetown, Sierra Leone, this 8th day of October, 2007.



Hon. Justice Pierre Boutet

Hon. Justice Benjamin Mutanga Itoe
Hon. Justice Bankole Thompson

Presiding Judge
Trial Chamber I

[Seal of the Special Court]

[1] The Reports were subsequently filed by all the Parties.
[2] See Prosecutor v. Sesay, Kallon and Gbao, Case No. SCSL-04-15-T, Kallon Filing of Status Report on Additional Agreed Points of Law or Facts, 27 September 2007; ibid, Gbao Filing of Status Report on Additional Agreed Points of Law or Facts, 27 September 2007; ibid, Sesay Filing of Status Report on Additional Agreed Points of Law or Facts, 28 September 2007.
[3] Transcript, 26 September 2007, pages 25-26.