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PROSECUTOR v SAM HINGA NORMAN & ORS - ORDER FOR COMMENCEMENT OF TRIAL - Case No.SCSL-04-14-PT [2004] SCSL 94 (11 May 2004)

O
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

IN THE APPEALS CHAMBER

SCHEDULING ORDER

THE APPEALS CHAMBER OF THE SPECIAL COURT FOR SIERRA LEONE;

NOTING that the following motions are pending before it:

1. Norman: Motion to Recuse Judge Winter from deliberating in the preliminary motion on the recruitment of child soldiers, 25 March 2004;
2. Norman: Preliminary Motion based on Lack of Jurisdiction (Child Recruitment), 26 June 2003;
3. Fofana: Preliminary Defence Motion on Lack of Jurisdiction: Illegal Delegation of Powers by the United Nations, 14 November 2003;
4. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Jurisdiction by Sierra Leone, 14 November 2003;
5. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Nature of the Armed Conflict, 14 November 2003;
6. Kondewa: Defence Motion based on Lack of Jurisdiction: Establishment of Special Court Violates Constitution of Sierra Leone, 7 November 2003;
7. Kondewa: Defence Motion based on Lack of Jurisdiction/Abuse of Process: Amnesty Provided by the Lomé Accord, 7 November 2003.
   

CONSIDERING that an oral hearing was held on 6 November 2003 in relation to the Norman Preliminary Motion based on Lack of Jurisdiction (Child Recruitment);

NOTING Rule 117(A) according to which “A reference under Rule 72(E) or (F)...shall be heard expeditiously and may be determined entirely on the basis of written submissions”;

DECIDING that pursuant to Rule 117(A), the Chamber will not hear oral argument on the outstanding motions listed as iii.) – vii.) above;

NOTING that the Appeals Chamber will sit in the composition appropriate to the Motion before it;

HEREBY ORDERS that the outstanding motions listed above be scheduled as follows:

Tuesday 25 May 2004, at 10.00, for rendering of decisions:

1. Fofana: Preliminary Defence Motion on Lack of Jurisdiction: Illegal Delegation of Powers by the United Nations;
2. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Illegal Delegation of Jurisdiction by Sierra Leone;
3. Fofana: Preliminary Defence Motion on the Lack of Jurisdiction: Nature of the Armed Conflict;
4. Kondewa: Defence Motion based on Lack of Jurisdiction: Establishment of Special Court Violates Constitution of Sierra Leone;
5. Kondewa: Defence Motion based on Lack of Jurisdiction/Abuse of Process: Amnesty Provided by the Lomé Accord.

Tuesday 25 May 2004, at 10.30, for hearing:

6. Norman: Motion to Recuse Judge Winter from Deliberating in the Preliminary Motion on the Recruitment of Child Soldiers.

Friday, 28 May 2004, at 10:00 for rendering of decision:

7. Norman: Preliminary Motion based on Lack of Jurisdiction (Child Recruitment), 26 June 2003.
   

Done at Freetown this eleventh day of May 2004

_____________
Justice Winter
Presiding