Court name
Special Court for Sierra Leone
Case number
SCSL 14 of 2004
Case name

Prosecutor v Sam Hinga Norman & Ors - Decision on Request of the First Accused for Leave to Cross-examine Expert Witness Out of Time
Law report citations
Media neutral citation
[2004] SCSL 220


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA
ROAD • FREETOWN • SIERRA LEONE

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THE TRIAL CHAMBER


Before:
Hon. Judge Benjamin Mutanga Itoe, Presiding Judge
Hon. Judge Bankole
Thompson
Hon. Judge Pierre Boutet
Registrar:
Robin Vincent
Date:
3rd of December 2004
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE
GBAO

(Case No. SCSL-04-15-T)


ORDER TO PROSECUTION CONCERNING RENEWED WITNESS
LIST


Office of the Prosecutor:

Defence Counsel for Issa Hassan
Sesay
:
Luc Côté
Lesley Taylor
Peter Harrison

Wayne Jordash
Serry Kamal
Sareta Ashraph


Defence Counsel for Morris Kallon:


Shekou Touray
Melron Nicol-Wilson


Defence Counsel for Augustine
Gbao
:
Girish Thanki
Andreas O’Shea
John
Cammegh

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

NOTING that on the 1st of April 2004, the
Trial Chamber issued the Order to the Prosecution to File Disclosure Materials and Other
Materials in Preparation for the Commencement of Trial
and that this Order
required the Prosecution to file a witness list for all the witnesses the
Prosecution intended to call at trial;

EMPHASISING that this Order stated that should “the Prosecution
seek to add any witnesses to this list after 26 April 2004, it shall be
permitted to do so only upon good cause being shown”;

NOTING that the Materials filed Pursuant to Order to the
Prosecution to File Disclosure Materials and Other Materials in Preparation for
the commencement
of Trial of 1 April 2004
, filed by the Prosecution on the
26th of April 2004, included a Witness List listing 266
witnesses that it intended to call at trial;

NOTING that in its Updated Compliance Report Filed Pursuant to
Undertaking by the Prosecution in PreTrial Conference held 29 April 2004
(RUF)
filed on the 11th of May 2004, the
Prosecution asserted that six of the witnesses on its Witness List filed on the
26th of April 2004, that is witnesses TF1-106, TF1-146,
TF1-189, TF1-274, TF1-103 and TF1-276, were erroneously included and should thus
be regarded “as deleted from the list”, thereby reducing the number
of witnesses in its Witness List to 260 witnesses;

NOTING that on the 7th of July 2004, the
Trial Chamber issued the Order to Prosecution to Produce Witness List and
Witness Summaries
requiring the Prosecution to file a list of
“core” witnesses and a list of “back-up” witnesses;

NOTING that on the 12th of July 2004, the
Prosecution filed Materials pursuant to this Order that contained a Modified
Witness List identifying its “core”
witnesses, that totalled 173 in
number;

NOTING that on the same day, the Prosecution filed an application
seeking leave to add six witnesses to its Modified Witness List;

NOTING that the Trial Chamber granted the Prosecution’s
application in its Decision on Prosecution Request for Leave to Call
Additional Witnesses
dated the 29th of July 2004,
thereby bringing the total number of “core” Prosecution witnesses up
to 179;

NOTING that on the 23rd of November 2004, the
Prosecution filed a Prosecution Renewed Witness List in which it has
submitted a Renewed Witness List reducing its number of “core”
witnesses to 102 witnesses and also a
“back-up list” of 170
witnesses that it does not currently intend to call at trial;

CONSIDERING the determination of the Trial Chamber to ensure that the
trial is fair and expeditious and that the proceedings before the Special
Court
are conducted in accordance with the Statute and Rules of Procedure and
Evidence of the Special Court (“Rules”),
with full respect for the
rights of the accused and due regard for the protection of victims and
witnesses;

CONSIDERING that this Chamber has repeatedly encouraged the
Prosecution to attempt to reduce the number of Prosecution witnesses and that it
would
like to recognise of the Prosecution’s efforts in substantially
reducing the total number of “core” Prosecution
witnesses;

REAFFIRMS that the Prosecution is required to seek leave and
demonstrate good cause in order to add witnesses to its witness list;

PURSUANT TO Rules 54 and 66(A)(ii) of the Rules;


HEREBY ORDERS that:

  1. The
    Prosecution seek leave of this Chamber to add witnesses TF1-189 and TF1-274 to
    their Renewed Witness List after having indicated
    on the
    11th of May 2004 that these witnesses should be
    considered as deleted from their Witness List;
  2. The
    Prosecution seek leave of this Chamber to add witnesses TF1-126 and TF1-210
    added to their Renewed Witness List after having not
    identified these witnesses
    as “core” witnesses in the Modified Witness List dated the
    12th of July 2004;
  3. The
    Prosecution seek leave of this Chamber to add witnesses TF1-106, TF1-146,
    TF1-103 and TF1-276 added to the “back-up list”
    of witnesses after
    having indicated on the 11th of May 2004 that these
    witnesses should be considered as deleted from their Witness List; and
  4. The
    Prosecution seek leave of this Chamber to add witnesses TF1-013, TF1-155 and
    TF1-302 added to the “back-up list” of
    witnesses after having
    indicated during the July 2004 and October 2004 trial sessions that these
    witnesses were to be withdrawn from
    the Witness List.
Done at Freetown this 3rd day of December
2004

Hon. Judge Pierre Boutet

Hon. Judge Benjamin Mutanga Itoe

Hon. Judge Bankole Thompson

Presiding Judge
Trial Chamber


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