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

Prosecutor v Issa Hassan Sesay & Ors - Sesay – Order Under Rule 65(h) (SCSL 15 of 2004) [2004] SCSL 177 (23 September 2004);

Law report citations
Media neutral citation
[2004] SCSL 177

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
FAX: Extension: 178 7001 or +39 0831 257001 Extension: 174 6996 or +232 22 295996

THE TRIAL CHAMBER

Before:
Judge Benjamin Mutanga Itoe, Presiding Judge
Judge Bankole Thompson
Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
23 September 2004
PROSECUTOR
Against
Sam Hinga Norman
Moinina Fofana
Allieu Kondewa
(Case No.SCSL-04-14-T)

ORDER ON FILING

Office of the Prosecutor:
 
Sam Hinga Norman
Luc Côté
James Johnson
 
Court Appointed Counsel for Sam Hinga Norman:
Dr Bu-Buakei Jabbi
John Wesley Hall, Jr.
Tim Owen, Q.C.
Quincy Whitaker

Defence Counsel for Moinina Fofana:
   
Michiel Pestman
Arrow Bockarie
Victor Koppe
   
Defence Counsel for Allieu Kondewa
Charles Margai
Yada Williams
Ansu Lansana

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

HAVING RECEIVED the Motion for Service and Arraignment on Second Indictment (“Motion”), filed by the First Accused and the Standby Counsel on 21 September 2004.

HAVING RECEIVED the Amended Motion for Service and Arraignment on Second Indictment (“Amended Motion”), filed by Court Appointed Counsel for the First Accused on 21 September 2004;

NOTING the Order rendered orally on 21 September 2004 (“Oral Order”),[1] pursuant to which Standby Counsel for the First Accused have been appointed by the Chamber as Court Appointed Counsel;

NOTING the Motion of First Accused to Withdraw Amended Motion for Service and Arraignment on Second Indictment and Rely on Original Motion Only (‘Motion for Withdrawal”), filed by the First Accused and the Court Appointed Counsel for on 22 September 2004;

CONSIDERING that Court Appointed Counsel for the First Accused do not have standing to file an Amended Motion that expressly supersedes the Motion filed in accordance with the Rules by the First Accused, given that the First Accused filed this Motion in his capacity to represent himself, at the time that the Motion was filed, and that at the moment of filing of the Motion the role and duty of Court Appointed Counsel was strictly defined as Standby Counsel;[2]

PURSUANT TO Rule 7 and Rule 54 of the Rules of Procedure and Evidence (“Rules”);

ORDERS AS FOLLOWS

  1. that the Motion shall be considered as validly filed;
  2. that the Amended Motion shall not be considered as validly filed, and consequently INSTRUCTS the Court Management Section to expunge it from the official records of this case;
  3. that Court Appointed Counsel, if they wish to do so, shall file any separate additional submissions to the Motion of no more than 5 pages long, no later than 4.00pm on Friday, 24 September 2004; and consequently,

ORDERS that the Prosecution, if it wishes to do so, shall file any response to the Motion and any eventual additional filing thereto within the time limits provided for in Rule 7 of the Rules, commencing from close of business on Friday, 24 September 2004;

The Motion for Withdrawal shall consequently be considered as moot.

Done at Freetown this 23rd day of September 2004
Judge Bankole Thompson
Judge Benjamin Mutanga Itoe
Judge Pierre Boutet
 
Presiding Judge,
Trial Chamber
 
[Seal of the Special Court for Sierra Leone]


[1] Written reasons for this Order will be issued by the Chamber.
[2] See Consequential Order on Assignment and Role of Standby Counsel, 14 June 2004.