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PROSECUTOR v ALEX TAMBA BRIMA & ORS - CORRIGENDUM DISSENTING OPINION OF THE HON. JUSTICE JULIA SEBUTINDE FROM THE MAJORITY DECISION ON THE EXTREMELY URGENT CONFIDENTIAL JOINT MOTION FOR THE RE-APPOINTMENT OF KEVIN METZGER AND WILBERT HARRIS AS LEAD COUNSEL FOR ALEX TAMBA BRIMA AND BRIMA BAZZY - Case No.SCSL-04-16-T [2005] SCSL 111 (25 June 2005)

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SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER II

CORRIGENDUM

DISSENTING OPINION OF THE HON. JUSTICE JULIA SEBUTINDE FROM THE MAJORITY DECISION ON THE EXTREMELY URGENT CONFIDENTIAL JOINT MOTION FOR THE RE-APPOINTMENT OF KEVIN METZGER AND WILBERT HARRIS AS LEAD COUNSEL FOR ALEX TAMBA BRIMA AND BRIMA BAZZY KAMARA, AND DECISION ON CROSS-MOTION BY THE DEPUTY PRINCIPAL DEFENDER TO TRIAL CHAMBER II FOR CLARIFICATION OF ITS ORAL ORDER OF 12 MAY 2005

NOTING that the Hon. Justice Julia Sebutinde issued her “Dissenting Opinion From the Majority Decision on the Extremely Urgent Confidential Joint Motion for the Re-appointment of Kevin Metzger and Wilber Harris as Lead Counsel for Alex Tamba Brima and Brima Bazzy Kamara, And Decision on Cross-Motion by the Deputy Principal Defender to Trial Chamber II for Clarification of its Oral Order of 12 May 2005” (“the Dissenting Opinion”) on 11 July 2005;

NOTING further that there were certain typographical errors and omissions in the Dissenting Opinion that should be rectified;

NOW THEREFORE pursuant to Rule 54 of the Rules of Procedure and Evidence of the Special Court (“The Rules”), the Dissenting Opinion is amended as follows:

1. In the third paragraph of the “Introduction” by inserting immediately after the first sentence the following sentence: “Rule 26 bis enjoins the Chamber to ensure amongst others, that “the proceedings before the Special Court are conducted with full respect for the rights of the accused”.”
2. In paragraph 5, line 4, by deleting the word “being” occurring immediately before the word “tantamount”.
3. In paragraph 5, line 7, by substituting for the word “included” occurring therein, the word “include”.
4. In paragraph 7, line 2, by deleting the word ‘in” occurring immediately after the phrase “indication that”.
5. In paragraph 11, line 5, by inserting immediately the word “to”, the phrase “can be applied”.
6. In paragraph 11, foot note 8, by inserting immediately the word “Barayagwuriza” occurring therein, the name “Barayagwiza”.
7. In paragraph 13, line 5, by deleting the word “in” occurring immediately before the word “tantamount”.
8. I In paragraph 15, line 1, by inserting immediately the word “expressed” the phrase “in paragraph 53 of the Majority Decision”.
9. In paragraph 19, line 2, by substituting for the date “19 May 2005’, the date “18 May 2005”.
10. In paragraph 28, line 5, by deleting the word “results”.
11. In paragraph 28, line 19, by inserting between the words “mind and “be” the word “or”.
12. In paragraph 32, line 19, by substituting for the phrase “to automatically” with the phrase “and to automatically”.
13. In paragraph 40, line 3, by inserting immediately after the word “to” the word “use”.
14. In paragraph 41, line 22, by deleting the word “on”.
15. In paragraph 46, line 10, by substituting for the word “purport”, the word “purports”.
16. In paragraph 46, line 21, by substituting for the phrase “Rule 46 (E)” the phrase “Rule 45 (E)”.
17. In paragraph 47, line 12, by substituting for the phrase “on any alleged loss” occurring therein, the phrase “on account of any alleged loss”.
18. In paragraph 47, line 27, by deleting the letter “n” occurring therein and substituting in its place the word “in”.
19. In paragraph 52, line 9, by inserting immediately after the phrase “international tribunal” occurring therein, the word “has”.
20. In paragraph 54, line 30, by inserting immediately after the phrase “its officials,” occurring therein, the phrase “their decisions being”.
21. In paragraph 56, line 6 of the second quotation, by deleting the word “be” occurring therein.
22. In paragraph 57, line 3, by substituting for the name “Mnehielle” the name “Nmehielle”.
    

Done at Freetown, Sierra Leone, this 25th day of July 2005.

Hon. Justice Julia Sebutinde

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