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PROSECUTION v ISSA HASSAN SESAY & ORS - ORDER PERMITTING THE TEMPORARY TRANSFER OF CERTAIN EXHIBITS - Case No. SCSL-04-15-T [2005] SCSL 90 (30 May 2005)

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SPECIAL COURT FOR SIERRA LEONE
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TRIAL CHAMBER I

ORDER PERMITTING THE TEMPORARY TRANSFER OF CERTAIN EXHIBITS

TRIAL CHAMBER I (“Trial Chamber I”) of the Special Court for Sierra Leone (“Special Court”) composed of Hon. Justice Pierre Boutet, Presiding Judge, Hon. Justice Bankole Thompson, and Hon. Justice Benjamin Mutanga Itoe;

SEIZED of the Prosecution Request to Temporarily Uplift Certain Exhibits (“Prosecution Request”) filed by the Prosecution in the case against Issa Hassan Sesay, Morris Kallon and Augustine Gbao (“RUF Accused”) on the 18th of May 2005;

NOTING the letter filed by Counsel for Issa Hassan Sesay on the 20th of May 2005 indicating that they did not oppose the Prosecution Request and would not be filing a Response;

NOTING that Counsel for the other two accused, Morris Kallon and Augustine Gbao, have not filed Responses to the Prosecution Request;

COGNIZANT that the trial against the RUF Accused and the trial before Trial Chamber II against the Accused Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu (“AFRC Accused”) share some factual connections and a number of common witnesses;

NOTING that the Prosecution has asserted that the Prosecution has and will continue to tender exhibits in the RUF trial that it will also be seeking to tender in the AFRC trial before Trial Chamber II;

CONSIDERING that it is in the interests of justice to facilitate the temporary transfer of original exhibits between the RUF and AFRC trials in a secure manner;

RELYING on its general power pursuant to Rule 54 of the Rules of Procedure and Evidence of the Special Court;

THE CHAMBER HEREBY ORDERS:

1. The Prosecution shall provide 24 hours notice to the Chambers Legal Officer of the RUF trial and Court Management Services in advance of the date on which the Prosecution requires the temporary transfer of the exhibit;
2. Court Management Services shall produce two copies of the exhibit in question and certify them to be true copies of the original;
3. Court Management Services shall retain one true copy of the exhibit in the RUF trial materials while the original exhibit and the second true copy shall be made available in the AFRC trial proceedings before Trial Chamber II;
4. As soon as practicable, Court Management Services shall return the original exhibit to the RUF trial materials and notify the Chambers Legal Officer of the RUF trial of such return; and
5. Court Management Services shall maintain a log that records the temporary transfer and return of all exhibits tendered in the RUF trial proceedings.