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

Prosecutor v Issa Hassan Sesay & Ors - Gbao - Decision on Application to Withdraw Counsel (SCSL 15 of 2004) [2004] SCSL 142 (06 July 2004);

Law report citations
Media neutral citation
[2004] SCSL 142


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:
7 July 2004
PROSECUTOR
Against
Issa Hassan Sesay
Morris Kallon
Augustine
Gbao

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


ORDER TO PROSECUTION TO PRODUCE WITNESS LIST AND WITNESS
SUMMARIES


Office of the Prosecutor:

Defence Counsel for Issa Hassan
Sesay
:
Luc Côté
Lesley Taylor

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 that on 1 April 2004, the Trial Chamber issued the “Order to the Prosecution to File Disclosure Materials and Other
Materials in Preparation for the Commencement of Trial
” and that this
Order required the Prosecution to file a witness list for all the witnesses the
Prosecution intends to call
at trial with the name or the pseudonym of each
witness;


NOTING the “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”, filed by the Prosecution on 26
April 2004, that provided 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;

NOTING that the witness list contained in these Materials lists 266
witnesses;

NOTING that the Prosecution stated in its “Prosecution Chart
Indicating Documentary and Testimonial Evidence by Paragraph of Consolidated
Indictment Pursuant to Trial Chamber Order dated 1 April 2004” filed on 4
May 2004 that it intended to file the final witness
list following a decision on
the pending Motion for Judicial Notice and the Issuance of Notice of Hearing
setting a trial date;

NOTING that in its “Updated Compliance Report Filed Pursuant to
Undertaking by the Prosecution in PreTrial Conference held 29 April
2004
(RUF)” filed on 11 May 2004, the Prosecution asserted that six of the
witnesses on its witness list filed on 26 April
2004 were erroneously included,
thereby reducing the number of witnesses in its witness list to 260;

NOTING that at the Status Conference held on 23 June 2004, the
Prosecution stated that the Prosecution was intending to call approximately
170
“core” witnesses at trial depending on the outcome of its
“Motion for Judicial Notice and Admission of Evidence”
filed on 2
April 2004;

NOTING that this Chamber issued its “Decision on
Prosecution’s Motion for Judicial Notice and Admission of Evidence”
on
24 June 2004 and that the RUF trial commenced on 5 July 2004;

CONSIDERING the determination of the Trial Chamber to ensure that the
trial is fair and expeditious and that the proceedings before the Special
Court
are conducted in accordance with the Rules of Procedure and Evidence of the
Special Court (“Rules”), with full
respect for the rights of the
accused and due regard for the protection of victims and witnesses;

CONSIDERING the provisions of Article 17(4)(b) of the Statute
of the Special Court for Sierra Leone, that stipulate, inter alia, that
the Defence shall be entitled to have adequate time and facilities for the
preparation of its defence;

CONSIDERING that it is in the interests of justice for the Prosecution
to disclose to the Defence and the Court a modified witness list that identifies
clearly which witnesses the Prosecution has identified as its “core”
witnesses and which witnesses are meant to be used
only as “back-up”
witnesses if some of the “core” witnesses are not available to
testify;

CONSIDERING that the Trial Chamber would benefit from having access to
witness statements in advance of each witness testifying at
trial, for the
purpose of promoting comprehension of the issues and for the effective
management of the trial;

CONSIDERING that it is an accepted practice within international criminal
tribunals to request the filing of witness statements prior
to
trial;[1]


PURSUANT TO Rules 54 and Rule 73 bis of the Rules;


HEREBY ORDERS the Prosecution:

(1) To produce a list of the “core” witnesses that the Prosecution
is intending to call to testify at trial;

(2) To produce a list of the “back-up” witnesses that the
Prosecution intends to call only if it is later deemed necessary
at trial;

(3) To produce a copy of all witness statements to the Trial Chamber one week
prior to the witness’ testimony.

Done at Freetown this 7th day of July 2004

Judge Pierre Boutet

Judge Benjamin Mutanga Itoe

Judge Bankole Thompson

Presiding Judge,
Trial Chamber


[Seal of the Special Court for Sierra Leone]



[1] Prosecutor v.
Jean-Paul Akayesu,
ICTR-96-4-T, Decision by the Tribunal on its Request to
the Prosecutor to Submit the Written Witness Statements, 28 January 1997;
Prosecutor v. Darko Kordic and Mario Cerkez, Case No. IT-95-14/2-PT,
Order for Disclosure of Documents and Extension of Protective Measures,
27 November 1998; Prosecutor v. Dokmanovic, IT-95-13a-PT, Order, 28
November. 1997, p.2; See Prosecutor v. Vidoje Blagojevic, Dragan Jokic, Momir
Nikolic,
Decision in the Appeals Chamber, 8 April 2003.