PROSECUTOR v ISSA HASSAN SESAY & ORS - WARNING TO ISSA SESAY ( SCSL-04-15-T ) [2008] SCSL 43 (22 May 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:
22nd May 2008
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No. SCSL-04-15-T)

Public Document


WARNING TO ISSA SESAY


Office of the Prosecutor:

Defence Counsel for Issa Hassan Sesay:
Peter Harrison
Reginald Fynn
Vincent Wagona
Charles Hardaway

Wayne Jordash
Sareta Ashraph


Defence Counsel for Morris Kallon:
Charles Taku
Kennedy Ogeto
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;

MINDFUL of the “Order of the Trial Chamber of 9th November 2007, in which the Chamber instructed the Registry to set up an Investigative Panel to investigate an incident that allegedly occurred during the 11.30am coffee break whereby it was alleged that the First Accused, Issa Sesay, made some comments in the Krio language to the witness[1];

MINDFUL of the Confidential Presentation by the Registrar to the Trial Chamber of the Submissions of the Investigation Panel Established Pursuant to the Oral Order of the Trial Chamber dated 9 November 2007 Regarding Alleged Remarks made by the Accused Issa Sesay;

ACCEPTS the findings of the Investigation Panel that there is insufficient evidence to determine the intent and exact nature of the utterances made to the witness;

FINDS that the allegations do not satisfy the requirement for Contempt of the Special Court as contained in Rule 77 of the Rules of Procedure and Evidence of the Special Court (“Rules”);

CONCLUDES that there is insufficient reason to believe that the Accused Sesay was in contempt;

PURSUANT to the Provision of Rule 54 of the Rules;


ORDERS AS FOLLOWS:

  1. That the Accused Issa Sesay be admonished against making any such utterances in the future under any circumstances;
  2. That Counsel for the Accused Issa Sesay should properly advise his client on the consequences of such utterances upon the administration of justice and for the Accused himself.
Done at Freetown, Sierra Leone, this 22nd day of May 2008


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] See Transcript of 9th November 2007, pp. 43-47.