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PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER TO SHOW CAUSE AND SCHEDULING ORDER - Case No.SCSL-04-16-T [2005] SCSL 64 (5 May 2005)

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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

TRIAL CHAMBER II

ORDER TO SHOW CAUSE 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 Lussick and Judge Julia Sebutinde;

1. RECALLING the Defence Application to have the motion for withdrawal of Counsel made confidential, ex parte and under seal for reasons of client - lawyer privilege;[1]
2. RECALLING the Prosecutor’s oral response to the Defence application;[2]
3. RECALLING the Trial Chamber’s ruling granting the Defence application;[3]
4. HAVING CONSIDERED
   1. The “Confidential Joint Defence Submissions on the Withdrawal of Counsel in the AFRC Case” filed on 5 May 2005 on behalf of Alex Tamba Brima and Brima Bazzy Kamara,
   2. The “Confidential, ex parte and under Seal Kanu - Defence Motion to Inform the Trial Chamber on the Legal Position of the Defence in View of Contempt of Court Developments” filed on 4 May 2005, and
   3. The “Principal Defender’s Confidential ex parte Submission Regarding Issues Pertaining to Withdrawal of Counsel” filed on 5 May 2005;
5. The Trial Chamber is unable to find any facts in the above named documents, the disclosure of which would be in breach of lawyer - client privilege.
6. The Trial Chamber therefore calls upon Counsel for the Accused to show cause why the above named documents should not be disclosed in their entirety to the Prosecution in order to afford the Prosecution an opportunity to file a response thereto.

THE TRIAL CHAMBER ORDERS

1. Defence shall file their answer, if any, by 10 a.m. on 6 May 2005.
2. Court shall resume at 11 a.m. on 6 May 2005.

Done at Freetown, Sierra Leone, this 5th day of May 2005.

[Seal of the Special Court for Sierra Leone]

[1] Transcripts of 3 May 2005, page 4, line 20 ff.
[2] Transcripts of 3 May 2005, page 6, line 20 ff..
[3] Transcripts of 3 May 2005, page 7, line 23 ff..