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PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER FOR COMMENCEMENT OF TRIAL AND SCHEDULING ORDER - Case No.SCSL-04-16-PT [2005] SCSL 13 (20 January 2005)

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SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER II

ORDER FOR COMMENCEMENT OF TRIAL AND SCHEDULING ORDER

TRIAL CHAMBER II (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”), composed of Judge Teresa Doherty, Presiding, Judge Richard Brunt Lussick and Judge Julia Sebutinde;

NOTING the Order by the President on 17 January 2005 transferring and assigning this case to Trial Chamber II;

NOTING the Decision and Order on Prosecution Motions for Joinder on 27 January 2004, ordering a joint trial of the three accused Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu
NOTING the Consolidated Indictment filed on 13 May 2004;

NOTING the submissions of the parties at the Pre-Trial Conference held on 30 April 2004 in this case by Trial Chamber I, composed of Judge Bankole Thompson, Presiding, Judge Benjamin Mutanga Itoe and Judge Pierre Boutet;

NOTING the orders of the Designated Judges of Trial Chamber I on Protective Measures for Witnesses and Victims and for Non-public Disclosure in the cases against Alex Tamba Brima of 23 May 2003[1], against Brima Bazzy Kamara of 23 October 2003[2] and against Santigie Borbor Kanu of 24 November 2003.[3]

NOTING the Prosecution’s Motion for Renewed Protective Measures filed on 4 May 2004 and the submissions of the Defence thereto;

NOTING the consequential Orders issued by Trial Chamber I following the Pre-Trial Conference;

REMINDING in particular the Defence to submit its Pre-Trial Defence Brief two weeks prior to the commencement of the trial addressing factual and legal issues to be raised at trial;

PURSUANT to Rule 65 bis of the Rules of Procedure and Evidence of the Special Court for Sierra Leone (“the Rules”);

HEREBY ORDERS that:

1. A Status Conference will be held on Tuesday 1 March 2005, at 9:15 a.m.;
2. If any party intends to refer to authorities or raise issues at the Status Conference, these are to be notified to the Registrar and the other Parties by 18 February 2005;

PURSUANT to Rule 54 of the Rules;

FURTHER ORDERS that:

1. The joint trial of the three accused Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu shall commence on 7 March 2005;
   
2. The first trial session for this case will commence on 7 March 2005 to 18 March 2005;
   
3. The second trial session for this case will commence on 4 April 2005 to 9 August 2005, subject to further order;
   
4. Unless otherwise ordered, the Trial Chamber will sit Monday to Friday, with a court recess on Wednesday afternoon. If required, Wednesday morning will be reserved for hearing of motions, issues regarding the expeditiousness of the trial proceedings or other arguments as necessary;
   
5. The hours of court operation from Monday to Friday, excluding Wednesday afternoon, will be from 9:15 a.m. to 12:45 p.m. and from 2:15 p.m. to 5:00 p.m. Breaks during the Trial will be at the discretion of the Trial Chamber;
   

FURTHER ORDERS the Court Management Section of the Registry to serve this Order by electronic means to all parties exceptionally on this public holiday, Thursday 20 January 2005.

Done at Freetown this 20th day of January 2005

Judge Teresa Doherty
Presiding Judge

Trial Chamber II

[Seal of the Special Court for Sierra Leone]

[1] Prosecutor v. Alex Tamba Brima, SCSL-03-06-PT, Decision on the Prosecution’s Motion for Immediate Protective Measures for Witnesses and Victims and for Non-public Disclosure, 23 May 2003.
[2] Prosecutor v. Brima Bazzy Kamara, SCSL-03-10-PT, Decision on the Prosecution’s Motion for Immediate Protective Measures for Witnesses and Victims and for Non-public Disclosure, 23 October 2003.
[3] Prosecutor v. Santigie Borbor Kanu, SCSL-03-13-PT, Decision on the Prosecution’s Motion for Immediate Protective Measures for Witnesses and Victims and for Non-public Disclosure, 24 November 2003.