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PROSECUTOR v ALEX TAMBA BRIMA & ORS - DECISION ON THE PROSECUTION APPLICATION TO FURTHER AMEND THE AMENDED CONSOLIDATED INDICTMENT BY WITHDRAWING COUNTS 15 - 18 - Case No.SCSL-04-16-PT [2005] SCSL 30 (15 February 2005)

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SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER II

DECISION ON THE PROSECUTION APPLICATION TO FURTHER AMEND THE AMENDED CONSOLIDATED INDICTMENT BY WITHDRAWING COUNTS 15 - 18

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

BEING SEIZED of the Prosecution Application to Further Amend the Amended Consolidated Indictment by Withdrawing Counts 15-18 (‘the Motion”), filed on 7 February 2005 pursuant to Rule 50 (A) and Rule 73 of the Rules of Procedure and Evidence (“the Rules”);

NOTING AND CONSIDERING that the amendment proposed by the Prosecution deletes counts 15 to 18 inclusive of the Amended Consolidated Indictment, filed on 13 May 2004 and in particular the Prosecution submission in paragraphs 7, 10, and 15;

CONSIDERING the Order on Expedited Filing and Scheduling Order of the Trial Chamber on 7 February 2005 shortening the time limits for the Response and Reply to the Motion;

NOTING the Response of the Accused Kanu and that he “has no objections” and the Response of the Accused Brima that he “is content with the proposed amendment”;

NOTING that the Accused Kamara has not filed any Response;

NOTING the Prosecution’s letter dated 14 February 2005 indicating that it would not file a Reply;

CONSIDERING that the Trial Chamber will normally exercise its discretion to permit the amendment, provided that the amendment does not cause any injustice to the accused, or does not otherwise prejudice the accused unfairly in the conduct of his defence;

PURSUANT to Rules 50(A), 52(B) and 73(A) of the Rules:

HEREBY GRANTS the Prosecution leave to amend the Amended Consolidated Indictment and orders as follows:

1. That Counts 15, 16, 17, and 18 of the Amended Consolidated Indictment filed on 13 May 2004 are hereby deleted;
2. That the Prosecution file its amended indictment with the above deletions by 18 February 2005;
3. Instructs the Registry to personally serve a copy of the amended indictment on each Accused as soon as possible in accordance with Rule 52(B).
   

Done at Freetown this 15th day of February 2005

Judge Teresa Doherty

Presiding Judge

Trial Chamber II

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