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PROSECUTOR v ALEX TAMBA BRIMA & ORS - ORDER FOR DISCLOSURE PERSUANT TO RULE 73ter AND THE START OF THE DEFENCE CASE - Case No.SCSL-04-16-T [2006] SCSL 47 (26 April 2006)

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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
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TRIAL CHAMBER II

ORDER FOR DISCLOSURE PERSUANT TO RULE 73ter
AND THE START OF THE DEFENCE CASE

TRIAL CHAMBER II of the Special Court for Sierra Leone, composed of Justice Richard Lussick, presiding, Justice Teresa Doherty and Justice Julia Sebutinde;

NOTING the Prosecution’s Notice of Orders to be Sought Pursuant to Rule 73ter, filed on 6 April 2006 and the Defence written response thereto, filed on 25 April 2006;

HAVING heard the oral submissions of the Parties;

CONSIDERING Article 17(4)(b) and (c) of the Statute and Rule 73ter of the Rules of Procedure and Evidence;

ORDERS

1. that the Defence shall file the following materials on or before 10 May 2006:
   • (a) A list of witnesses which each Defence Team intends to call, including:
     • (i) the order in which the Defence Teams intend to call the witnesses;
       • (ii) the name and/ or nickname, date of birth (if known), and occupation of each witness;
     • (iii) the language spoken by the witness;
     • (iv) a summary of the facts on which each witness will testify;
     • (v) the points in the Indictment as to which each witness will testify;
     • (vi) the estimated length of time required for each witness;
     • (vii) an indication of whether the witness will testify in person or pursuant to Rule 92bis;
     • (viii) an indication of whether each of the Accused intends to testify pursuant to Rule 85(C);
     • (ix) an indication of which witnesses are common witnesses.
   • (b) A list of expert witnesses with an indication of when their report will be disclosed to the Prosecution;
   • (c) A list of exhibits the Defence intends to tender, stating where possible whether or not the Prosecutor has any objections as to authenticity;
2. that a status conference shall be held on 17 May 2006 in order to consider the compliance by the Defence with the above orders;
3. that the Defence Case, as ordered at the earlier Status Conference on 4 April 2006, will open on 5 June 2006, subject to any further Order by the Trial Chamber.
   

Done at Freetown, Sierra Leone, this 26th April 2006.

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