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PROSECUTOR v ISSA HASSAN SESAY & ORS - WARNING TO ISSA SESAY - Case No. SCSL-04-15-T [2008] SCSL 43 (22 May 2008)

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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 I

Public Document

WARNING TO ISSA SESAY

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

MINDFUL of the “Order of the Trial Chamber of 9th November 2007, in which the Chamber instructed the Registry to set up an Investigative Panel to investigate an incident that allegedly occurred during the 11.30am coffee break whereby it was alleged that the First Accused, Issa Sesay, made some comments in the Krio language to the witness[1];

MINDFUL of the Confidential Presentation by the Registrar to the Trial Chamber of the Submissions of the Investigation Panel Established Pursuant to the Oral Order of the Trial Chamber dated 9 November 2007 Regarding Alleged Remarks made by the Accused Issa Sesay;

ACCEPTS the findings of the Investigation Panel that there is insufficient evidence to determine the intent and exact nature of the utterances made to the witness;

FINDS that the allegations do not satisfy the requirement for Contempt of the Special Court as contained in Rule 77 of the Rules of Procedure and Evidence of the Special Court (“Rules”);

CONCLUDES that there is insufficient reason to believe that the Accused Sesay was in contempt;

PURSUANT to the Provision of Rule 54 of the Rules;

ORDERS AS FOLLOWS:

1. That the Accused Issa Sesay be admonished against making any such utterances in the future under any circumstances;
2. That Counsel for the Accused Issa Sesay should properly advise his client on the consequences of such utterances upon the administration of justice and for the Accused himself.
   

[1] See Transcript of 9th November 2007, pp. 43-47.