[Home] [Databases] [WorldLII] [Search] [Feedback] Special Court for Sierra Leone

PROSECUTOR v ALEX TAMBA BRIMA & ORS - CONSEQUENTIAL ORDER ON THE ROLE OF COURT APPOINTED COUNSEL - Case No.SCSL-04-16-T [2005] SCSL 69 (13 May 2005)

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

TRIAL CHAMBER II

CONSEQUENTIAL ORDER ON THE ROLE OF COURT APPOINTED COUNSEL

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;

RECALLING the oral majority order delivered by the Trial Chamber on 12 May 2005 on the “Confidential Joint Defence Submission on the Withdrawal of Counsel in the AFRC Case” and the Accused Kanu’s “Defence Motion to Inform the Trial Chamber on the Legal Position of the Defence in View of Contempt of Court Developments”;

NOTING the separate and dissenting opinion in this case of Judge Julia Sebutinde;

HEREBY ISSUES THE FOLLOWING ORDER:

ORDERS that the duty of Glenna Thompson and Kojo Graham as Counsel for Alex Tamba Brima and Mohamed Pa-Momo Fofanah as Counsel for Brima Bazzy Kamara shall be to represent their clients until Lead Counsel will be assigned to these two Accused, and in particular, shall:

1. represent the Accused by investigating and preparing for the testimony of Prosecution witnesses and cross-examining them;
   
2. prepare for and examine those witnesses Counsel deem appropriate to call for their defence;
   
3. make all submissions on fact and law that Counsel deem appropriate to make in the form of oral and written motions before the court;
   
4. seek from the Trial Chamber such orders as they consider necessary to enable them to present the Accused's case properly, including the issuance of subpoenas;
   
5. discuss with the Accused the conduct of the case, endeavour to obtain his instructions thereon and take account of views expressed by the Accused, while retaining the right to determine what course to follow;
   
6. draw to the attention of the Trial Chamber any exculpatory or mitigating evidence;
   
7. act throughout in the best interests of the Accused and in any other way which Counsel considers appropriate in order to secure a fair and expeditious trial;
   

STATES that this Order may be modified at any time should necessity arise.

Done at Freetown, Sierra Leone, this 13th day of May 2005.

[Seal of the Special Court for Sierra Leone]