PROSECUTOR v ISSA HASSAN SESAY & ORS - ORDER FOR EXPEDITED FILING ( SCSL-04-15-T ) [2008] SCSL 27 (29 February 2008);


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • 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:
29th of February 2008
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No. SCSL-04-15-T)

Public Document


ORDER FOR EXPEDITED FILING


Office of the Prosecutor:

Defence Counsel for Issa Hassan Sesay:
Peter Harrison
Reginald Flynn
Charles Hardaway

Wayne Jordash
Sareta Ashraph
Vincent Wagona

Defence Counsel for Morris Kallon:
Charles Taku
Kennedy Ogeto
Lansana Dumbuya
Tanoo Mylvaganam


Court Appointed Counsel for Augustine Gbao
John Cammegh
Scott Martin

TRIAL CHAMBER I (“Trial Chamber I”) 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;

HAVING RECEIVED the Application for the Issuance of a Subpoena to H.E. Alhaji Dr. Ahmad Tejan Kabbah, Former President of the Republic of Sierra Leone, filed publicly by the Defence for the 2nd Accused, Issa Hassan Sesay, (“Defence”) on the 28th of February 2008 (“Application”);

NOTING that the Defence requests the Trial Chamber for an order to subpoena Dr. Kabbah to attend a pre-testimony interview with the Defence and to testify on Mr. Sesay’s behalf concerning the issues mentioned in the Application;

NOTING also that the Defence avers that Dr. Kabbah is uniquely placed to testify about these issues which are integral to Mr. Sesay’s defence and which will show that he was not ordered to attack or coordinate attacks against UNAMSIL but acted alone to protect and secure the detained UNAMSIL troops;

NOTING further that the Defence states that Dr. Kabbah has refused to cooperate with the Sesay Defence;

NOTING that the Defence request the Chamber in the interest of justice to compel Dr. Kabbah to testify on behalf of Sesay;

CONSIDERING that Article 17(4)(c) of the Statute of the Special Court provides that the Accused shall be entitled “to be tried without undue delay”;

CONSIDERING that the fair and expeditious consideration of the Motion requires the imposition of an expedited timetable for the filing of a response and a reply;

PURSUANT TO Rules 7 and 54 of the Rules of Procedure and Evidence of the Special Court;

HEREBY ORDERS as follows:

  1. Any Response to the Motion by the Prosecution shall be filed no later than Wednesday, the 5th of March 2008 at 4:00 p.m.; and
  2. Any Reply by the Defence shall be filed no later than Friday, the 7th of March 2008 at 4:00 p.m.
Done at Freetown, Sierra Leone, this 29th day of February 2008

Hon. Justice Pierre Boutet

Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Bankole Thompson

Presiding Judge
Trial Chamber I


[Seal of the Special Court]