Court name
Special Court for Sierra Leone
Case number
SCSL 14 of 2004

Prosecutor v Sam Hinga Norman & Ors - Kondewa - Decision on Defence Motion Requesting an Extension of Time Within Which to Respond to Prosecution's Motion for Judicial Notice and Admission of Evidence (SCSL 14 of 2004) [2004] SCSL 79 (30 April 2004);

Law report citations
Media neutral citation
[2004] SCSL 79


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

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295996


THE TRIAL CHAMBER


Before:
Judge Pierre Boutet
Designated Judge
Registrar:
Robin Vincent
Date:
30 April 2004
PROSECUTOR
Against
Sam Hinga Norman
Moinina Fofana
Allieu
Kondewa

(Case No.SCSL-04-14-PT)


KONDEWA – DECISION ON DEFENCE MOTION REQUESTING AN
EXTENSION OF TIME WITHIN WHICH TO RESPOND TO PROSECUTION’S MOTION FOR
JUDICIAL NOTICE AND ADMISSION OF EVIDENCE


Office of the Prosecutor:

Defence Counsel for Sam Hinga
Norman
:
Luc Côté
Charles Caruso

James Jenkins-Johnston


Defence Counsel for Moinina
Fofana
:


Michiel Pestman


Defence Counsel for Allieu Kondewa:
Yada
Hashim Williams


THE SPECIAL COURT FOR SIERRA LEONE (“Special Court”)


I, JUDGE PIERRE BOUTET, sitting as Designated Judge pursuant to Rule
28 of the Rules of Procedure and Evidence (“Rules”);


NOTING the Motion for Judicial Notice and Admission of Evidence
(“Judicial Notice Motion”) filed on 2 April 2004 by the Office
of
the Prosecutor (“Prosecution”);


SEIZED OF the Defence Motion Requesting an Extension of Time within
which to Respond to Prosecution’s Motion for Judicial Notice and
Admission
of Evidence (“Motion”), filed on 23 April on behalf of Allieu
Kondewa (“Accused”);


NOTING Rule 7(C) of the Rules according to which a response to a
motion shall be filed within ten days unless otherwise ordered;


CONSIDERING that the Motion requests an extension of time to respond
to the Judicial Notice Motion of 14 days after the serving of unredacted
witness
statements and/or witness summaries and after full disclosure;


NOTING the Scheduling Order of 28 April 2004 for a hearing in
Chambers;


CONSIDERING the parties’ oral submissions on the Motion at the
hearing held in Chambers on 29 April 2004;


WHEREAS following these oral submissions there is no requirement for
any written submissions by the Prosecution or any further written submissions
by
the Defence;


MINDFUL of the rights of the Accused, and in particular of the
provisions of Article 17 of the Statute of the Special Court on the right
to
have adequate time and facilities for the preparation of his defence;


FINDING, however, that in the present circumstances there does not
exist good and sufficient cause or exceptional circumstances to grant
an
extension of time to prepare a response to the Judicial Notice Motion;


HEREBY DENY the request and dismiss the Motion.


Done at Freetown this thirtieth day of April 2004

Judge Pierre Boutet
Designated Judge



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