Court name
Special Court for Sierra Leone
Case number
SCSL 15 of 2004

Prosecutor v Issa Hassan Sesay & Ors - Scheduling Order for Status Conference (SCSL 15 of 2004) [2004] SCSL 132 (15 June 2004);

Law report citations
Media neutral citation
[2004] SCSL 132


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA
ROAD • FREETOWN • SIERRA LEONE

PHONE: +1 212 963 9915
Extension: 178 7000 or +39 0831 257000 or +232 22 295995

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295996


THE TRIAL CHAMBER


Before:
Judge Benjamin Mutanga Itoe, Presiding Judge
Judge Bankole
Thompson
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
16 June 2004
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE
GBAO

(Case No.SCSL-04-15-PT)


DECISION ON CO-OPERATION BETWEEN THE PARTIES


Office of the Prosecutor:

Defence Counsel for Issa Hassan
Sesay
:
Luc Côté
Robert Petit

Timothy Clayson
Wayne Jordash


Defence Counsel for Morris Kallon:


Shekou Touray
Melron Nicol-Wilson


Defence Counsel for Augustine
Gbao
:
Girish Thanki
Andreas O’Shea


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


NOTING the “Prosecutor’s Request to Admit”
(“Request”) filed by the Office of the Prosecutor
(“Prosecution”)
on 3 March 2004, where the Prosecution requested the
Defence of Issa Sesay, Morris Kallon and Augustine Gbao to “admit, deny,
refuse, or admit/deny in part, each statement in Parts I-III of the
Request”;


NOTING the Response of the Defence for Morris Kallon, namely
“Defence Response to Prosecutor’s Request to Admit” filed
on
18 March 2004;


NOTING that the Prosecution filed its Pre-Trial Brief on 27 February
2004 and a Supplemental Pre-Trial Brief on 21 April 2004;


NOTING that in preparation for the commencement of trial, the
Prosecution filed before the Trial Chamber on 26 April
2004,[1] a record of
disclosure made to the Defence, containing a list of pseudonyms of each witness
it intends to call at trial, together
with a report indicating the number of
witnesses for whom witness statements or summaries have been disclosed and the
count or counts
of the Indictment to which the witness will testify, together
with copies of documentary exhibits intended for trial;


NOTING that on 4 May 2004, the Prosecution filed a
chart[2] identifying the
specific evidence on which the Prosecution intends to rely to establish each
allegation contained in the Consolidated
Indictment;


NOTING that the Prosecution filed before the Trial Chamber on 11 May
2004 an updated compliance
report[3];


NOTING that at the Pre-Trial Conference held on 29 April 2004, the
parties were encouraged to continue to meet to seek agreement on points
of fact
and law;


CONSIDERING that points of agreement between the parties would help to
expedite the trial and be in the interests of justice;


CONSIDERING that the filing of the Prosecution Supplemental Pre-Trial
Brief and the disclosure by the Prosecution of materials listed above, provides
a basis for the parties to agree at this time, where possible, on a number of
factual and legal matters that are not in dispute,
and that the parties will
have the opportunity to continue to meet and agree to points of fact and law
throughout the trial;

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


ORDERS as follows:

(1) The parties to submit a joint statement, signed by both parties, no later
than 1 July 2004, stating all the agreed points of
fact and law reached by
them;

(2) The parties to intensify their efforts to identify further points of
agreement and to submit a report on the progress made every
fifteen (15) days
from the date of this decision, until further notice by the Trial Chamber.

Done at Freetown this 16th day of June 2004



Judge Pierre Boutet

Judge Benjamin Mutanga Itoe

Judge Bankole Thompson

Presiding Judge,
Trial Chamber


[Seal of the Special Court for Sierra Leone]



[1] Materials Filed
Pursuant to Order to the Prosecution to File Disclosure Materials and Other
Materials in Preparation for the Commencement
of Trial of 1 April
2004.
[2]Prosecution
Chart Indicating Documentary and Testimonial Evidence by Paragraph of
Consolidated Indictment Pursuant to Trial Chamber
Order Dated 1 April
2004.
[3] Updated
Compliance Report Filed Pursuant to Undertaking by the Prosecution in PreTrial
Conference on 29 April 2004 (RUF).