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

Prosecutor v Sam Hinga Norman & Ors - Scheduling Order Concerning the Preparation and Presentation of the Defence Case for the Second and Third Accused
Law report citations
Media neutral citation
[2006] SCSL 96


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 I


Before:
Hon. Justice Bankole Thompson, Presiding Judge
Hon. Justice Pierre
Boutet
Hon. Justice Benjamin Mutanga Itoe
Registrar:
Mr. Lovemore G. Munlo, SC
Date:
20th of July 2006
PROSECUTOR
Against
SAM HINGA NORMAN
MOININA FOFANA
ALLIEU
KONDEWA

(Case No.SCSL-04-14-T)


Public Document


SCHEDULING ORDER CONCERNING THE PREPARATION AND
PRESENTATION

OF THE DEFENCE CASE FOR THE SECOND AND THIRD ACCUSED


Office of the Prosecutor:

Court Appointed Counsel for Sam Hinga
Norman
:
Christopher Staker
James Johnson
Joseph Kamara

Dr. Bu-Buakei Jabbi
John Wesley Hall, Jr.
Alusine Sani Sesay


Court Appointed Counsel for Moinina
Fofana
:


Victor Koppe
Arrow Bockarie
Michiel Pestman


Court Appointed Counsel for Allieu
Kondewa:

Charles Margai
Yada Williams
Ansu Lansana

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

NOTING the “Fofana Defence Case Management Proposals for the
Eighth Trial Session”, filed by Court Appointed Counsel for the
Second
Accused (“Counsel for Fofana”) on the 28th
of June 2006 (“Fofana Proposals”), proposing to file the remaining
Defence case materials by the 21st of August 2006;

NOTING the “Prosecution Response to ‘Fofana Defence Case
Management Proposals for the Eighth Trial Session’”, filed
by the
Office of the Prosecutor (“Prosecution”) on the
30th of June 2006, not objecting in principle to the
Fofana Proposals;


MINDFUL OF the “Order Concerning the Preparation and
Presentation of the Defence Case”, delivered by The Chamber on the
21st of October 2005 (“Order of the
21st of October
2005”)[1] and the
“Consequential Order for Compliance with the Order Concerning the
Preparation and Presentation of the Defence Case”,
delivered by The
Chamber on the 28th of November 2005 (“Order of
the 28th of November
2005”);[2]

NOTING the “Fofana Materials Filed Pursuant to the Consequential
Order for Compliance with the Order Concerning the Preparation and
Presentation
of Defence Case”, filed by Counsel for Fofana on the
5th of December
2005;[3]

NOTING the “Materials Filed by Third Accused Allieu Kondewa
Pursuant to Consequential Order for Compliance with the Order Concerning
the
Preparation and Presentation of Defence Case”, filed by Court Appointed
Counsel for the Third Accused (“Counsel for
Kondewa”) on the
5th of December 2005 (“Kondewa Witness List of
the 5th of December
2005”);[4]

NOTING the “Materials Re-Filed by Third Accused Allieu Kondewa
Pursuant to Order for Non-Confidential Filing of Materials in Compliance
with
Order Concerning the Preparation and Presentation of the Defence Case”,
filed by Counsel for Kondewa on the 11th of January
2006 (“Kondewa Witness List of the 11th of
January
2006”);[5]

NOTING the “Revised Fofana Witness List”, filed by Counsel
for Fofana on the 13th of January
2006;[6]

RECALLING the “Consequential Order to the Status Conference of
18 January 2006”, delivered by The Chamber on the
18th of January 2006 (“Order of the
18th of January
2006”),[7]
ordering, inter alia, Court Appointed Counsel for all three Accused
“to disclose to the Prosecution and file with the Court any identifying
information
which is available for all the witnesses they are intending to call;
This information shall include family name, first name and nicknames,
date and
place of birth (if known), names of parents, religion, occupation at the time
relevant to the Indictment and current address,
no later than Monday, the
23rd of January, 2006, 4 p.m.”;

NOTING the “Fofana Materials Filed Pursuant to the Consequential
Order to the Status Conference of 18 January 2006”, filed by
Counsel for
Fofana on the 23rd of January 2006 (“Fofana
Witness List of the 23rd of January
2006”);[8]

NOTING the “Materials Filed by Third Accused Allieu Kondewa
Pursuant to Consequential Order to the Status Conference of
18th January 2006”, filed by Counsel for Kondewa
on the 23rd of January 2006 (“Kondewa Witness
List of the 23rd of January
2006”);[9]

NOTING the “Materials Filed by Third Accused Allieu Kondewa
Pursuant to the Scheduling Order of the 3rd Day of
March 2006”, filed by Counsel for Kondewa on the
14th of March 2006 (“Kondewa Witness List of the
14th of March
2006”);[10]

NOTING the “Consequential Order to the Status Conference of 22
March 2006”, delivered by The Chamber on the 23rd
of March 2006 (“Order of the 23rd of March
2006”);[11]

NOTING the “Fofana Notice of Reduction of Witnesses”,
filed by Counsel for Fofana on the 5th of May
2006;[12]

NOTING the “Updated Witness List of the Third Accused Allieu
Kondewa”, filed by Counsel for Kondewa on the 8th
of May 2006 (“Kondewa Witness List of the 8th of
May
2006”);[13]

NOTING the “Additional Fofana Notice of Reduction of
Witnesses”, filed by Counsel for Fofana on the
27th of June 2006 (“Fofana Witness List of the
27th of June
2006”);[14]

MINDFUL OF the “Decision on Fofana Application for Leave to Call
Additional Witnesses”, delivered on the 17th of
July 2006 (“Decision of the 17th of July
2006”), whereby The Chamber granted Counsel for Fofana’s leave to
add seven witnesses to the Fofana Witness List
of the
27th of June 2006 and ordered to re-file, as soon as
possible but no later than the 21st of August 2006, the
renewed witness list, which would include the expanded summaries of their
proposed testimonies, the points of
the Indictment to which they will testify,
the estimated length of time for their testimony, the mode of their testimony,
the language
of their testimony and all their identifying
information;[15]

NOTING that the complete set of identifying information is still
missing for the following witnesses, who are intended to be called by the
Second
Accused, namely, No. 1 Simon
Arthy,[16] No. 5
Frances Fortune, No. 7 Tommy Jabbi, No. 12 Major-General Abdul One Mohammed, No.
13 Dema Moseray and No. 16 Foday
Sesay;[17]

NOTING that Counsel for Fofana do not intend to call witnesses No. 1
Simon Arthy, No. 5 Frances Fortune, No.7 Tommy Jabbi and No. 13 Dema
Moseray to
give viva voice evidence but submit their witness statements through Rule
92bis
procedure;[18]

NOTING that Rule 92bis “Alternative Proof of Facts”
of the Rules of Procedure and Evidence of the Special Court
(“Rules”) provides
that:


(A) A Chamber may admit as evidence, in whole or in part, information in
lieu of oral testimony.

(B) The information submitted may be received in evidence if, in the view of
the Trial Chamber, it is relevant to the purpose for
which it is submitted and
if its reliability is susceptible of confirmation.

(C) A party wishing to submit information as evidence shall give 10 days
notice to the opposing party. Objections, if any, must be
submitted within 5
days.

NOTING Counsel for Fofana’s submissions that “[t]he report
of Dr Daniel Hoffman should be ready for disclosure by 21 August
2006, and in
any event, twenty-one days prior to the date of Dr Hoffman’s proposed
testimony”;[19]


NOTING that Rule 94bis “Testimony of Expert
Witnesses” of the Rules states that:


(A)    Notwithstanding the provisions of Rule 66(A), Rule 73
bis (B)(iv)(b) and Rule 73 ter (B)(iii)(b) of the present Rules,
the full statement of any expert witness called by a party shall be disclosed to
the opposing party
as early as possible and shall be filed with the Trial
Chamber not less than twenty-one days prior to the date on which the expert
is
expected to testify.

(B)    Within fourteen days of filing of the statement of the
expert witness, the opposing party shall file a notice to
the Trial Chamber
indicating whether:

(i)      It accepts the expert witness statement;
or

(ii)     It wishes to cross-examine the expert
witness.

(C)    If the opposing party accepts the statement of the expert
witness, the statement may be admitted into evidence by
the Trial Chamber
without calling the witness to testify in person.

NOTING that the reference to the language of the testimony for some of
the witnesses to be called by the Second Accused appears to include
multiple
languages,[20] and,
therefore, it would be helpful for the interpreters to know prior to the date of
the testimony of a witness the actual language
of his or her testimony;

NOTING that the complete set of identifying information is still
missing for the following witnesses, who are intended to be called by the
Third
Accused, namely, No. 25 Regent Chief J.D.
Murana,[21] No. 26
Doris Keifala, No. 27 Abibu Brima and No. 28 Chief
Gaima;[22]

NOTING that sub-Rule 73ter(E) of the Rules provides as
follows:

After the commencement of the defence case, the defence may, if it considers
it to be in the interests of justice, move the Trial
Chamber for leave to
reinstate the list of witnesses or to vary its decision as to which witnesses
are to be called.


RECALLING The Chamber’s Order of the
28th of November 2005 stating that “[s]hould the
Defence seek to add any witnesses to this list after the
5th of December, 2005 it may be permitted to do so only
upon good cause being shown”;

NOTING that witnesses Momoh Bockarie Moiwa and Joe Kpana Lewis, listed
as witnesses No. 22 and No. 23, respectively on the Kondewa Witness
List of the
8th of May 2006, have not been previously listed as
witnesses on the Kondewa Witness List of the 5th of
December 2005, nor on the Kondewa Witness List of the
11th of January 2006, but appeared for the first time
as witnesses No. 28 and No. 30, respectively, on the Kondewa Witness List of the
14th of March 2006, without leave having been sought
from The Chamber to add them to the list of witnesses to be called by the Third
Accused;[23]

NOTING that some of the summaries of the witnesses’ testimonies
as submitted in the Kondewa Witness List of the 11th of
January 2006, are not “sufficiently descriptive to allow The Chamber to
appreciate and understand the nature of the proposed
testimony”, as
directed by The Chamber in its Order of the 28th of
November 2005;[24]

RECALLING that the Order of the 23rd of March
2006 ordered, inter alia, Court Appointed Counsel for the First Accused
(“Counsel for Norman”) to “file a list containing the order of
their
witnesses’ appearance” and that “[t]his list shall
include references to the Exhibits, which Counsel are intending
to tender
through a particular witness on that order; Any deviation from this order shall
be granted upon showing good cause by Counsel
and shall be communicated as soon
as possible to all
Parties”;[25]


RECALLING that the Order of the 23rd of March
2006 further stated that “Court Appointed Counsel for all three Accused
persons shall disclose, as soon as possible
or at least two days prior to the
commencement of the testimony of a witness, to the other Parties, as the case
may be, a copy of
the Exhibit, which Counsel intend to tender through such
witness”[26] and
that “Court Appointed Counsel for all three Accused persons shall ensure
at all times the availability of at least two
standby witnesses in court to
testify in order to avoid any
delays”;[27]

NOTING that the Special Court will observe a judicial recess from
Monday, the 7th of August 2006 until Friday, the
18th of August 2006, “during which period the
Court Management Section of the Registry will not accept any documents for
filing”;[28]

NOTING that the eighth trial session in this case is scheduled to
commence on the 13th of September 2006 with a preceding
Status Conference on the 12th of September
2006;[29]

RECALLING that The Chamber granted the request of Counsel for Norman
to defer the calling of witness Major-General Abdul One Mohammed, a common
witness to the Second Accused, to the eighth trial session and ordered them to
call this witness as the first witness in that session
with the presentation of
his evidence starting on the 13th of September
2006;[30]

NOTING that upon the completion of the testimony of Major-General
Abdul One Mohammed, the Second Accused will commence the presentation of
his
Defence case, which would reportedly take not more than three to four
weeks;[31]

CONSIDERING that Article 17(4)(C) of the Statute of the Special Court
for Sierra Leone provides that the Accused shall be entitled “to
be tried
without undue delay” and that in accordance with Rule 26bis of the
Rules The Chamber “shall ensure that a trial is fair and
expeditious”;


CONSIDERING further that the Prosecution and Court Appointed Counsel
for all three Accused persons are entitled to have sufficient time to prepare
for their respective cross-examinations of witnesses called by Counsel for
Fofana and Counsel for Kondewa;


REITERATING The Chamber’s Order of the
21st of October 2005, Order of the
28th of November 2005, Order of the
18th of January 2006, Order of the
23rd of March 2006 and Decision of the
17th of July 2006;


PURSUANT TO Rule 54, 73ter(E), 92bis and 94bis of
the Rules;


THE CHAMBER ORDERS AS FOLLOWS:


  1. Counsel
    for Fofana shall re-file the Fofana Witness List of the
    27th of June 2006, as soon as possible but no later
    than the 21st of August 2006, by including the names of
    the additional seven witnesses, a summary of their proposed testimony that
    should be sufficiently
    descriptive, and also including the points of the
    Indictment to which they will testify, the estimated length of time for their
    testimony,
    the mode of their testimony and the language of the testimony;
  2. Counsel
    for Fofana shall file, as soon as possible but no later than the
    21st of August 2006, the identifying information for
    their additional seven witnesses and the rest of the information for witnesses,
    in
    respect of whom it has not yet been provided; this information shall include
    family name, first name and nicknames, date and place
    of birth (if known), names
    of parents, if applicable, religion, occupation at the time relevant to the
    Indictment and current address;
  3. Counsel
    for Fofana shall, as soon as possible but no later than the
    21st of August 2006, file a list containing the order
    of their witnesses’ appearance for the eighth trial session; this list
    shall
    include references to the Exhibits, which Counsel for Fofana are intending
    to tender through a particular witness in that order;
    any deviation from this
    order may be granted upon good cause being shown by Counsel for Fofana and shall
    be communicated as soon
    as possible to all Parties;
  4. Counsel
    for Fofana shall, as soon as possible but no later than the
    21st of August 2006, disclose to the Prosecution and
    file with the Court, pursuant to Rule 92bis of the Rules, witness
    statements of those witnesses whom the Second Accused does not intend to call to
    give oral testimony;
  5. The
    Prosecution shall, within five days from the date of receiving such statements,
    file their objections, if any;
  6. Counsel
    for Fofana shall, as soon as possible but no later than the
    21st of August 2006, disclose to the Prosecution and
    file with the Court the expert report of Dr Daniel Hoffman;
  7. The
    Prosecution shall, within fourteen days of the filing of the expert report, file
    a notice indicating whether they accept the expert
    report or wish to
    cross-examine Dr Daniel Hoffman;
  8. Counsel
    for Kondewa shall remove Momoh Bockarie Moiwa and Joe Kpana Lewis from the
    Kondewa Witness List of the 8th of May 2006, or,
    alternatively, seek leave from The Chamber to add these witnesses, should they
    still intend to call them on behalf
    of the Third Accused;
  9. Counsel
    for Kondewa shall re-file the Kondewa Witness List of the
    8th of May 2006, as soon as possible but no later than
    the 31st of August 2006;
  10. This
    re-filed witness list shall include the names of the witnesses, the points of
    the Indictment to which they will testify, the
    estimated length of time for
    their testimony, the mode of their testimony, the language of their testimony
    and a summary of their
    proposed testimony, which shall contain detailed
    summaries of the incidents and/or events which a witness is called to testify
    upon,
    exact location and date (if available) of these alleged incidents and/or
    events, position and/or role of a witness in relation to
    the crimes charged in
    the Indictment and the nexus between the Accused and the proposed testimony of a
    witness;[32]
  11. Counsel
    for Kondewa shall, as soon as possible but no later than the
    31st of August 2006, file a list containing the order
    of their witnesses’ appearance; this list shall include references to the
    Exhibits, which Counsel for Kondewa are intending to tender through a particular
    witness in that order; any deviation from this order
    may be granted upon good
    cause being shown by Counsel for Kondewa and shall be communicated as soon as
    possible to all Parties;
  12. Counsel
    for Kondewa shall endeavour to disclose to the Prosecution and file with the
    Court, pursuant to Rule 92bis of the Rules, witness statements, if any,
    of those witnesses whom the Third Accused does not intend to call to give oral
    testimony;
  13. Counsel
    for Fofana and Counsel for Kondewa shall disclose, as soon as possible or at
    least two days prior to the commencement of the
    testimony of a witness, to the
    other Parties, as the case may be, a copy of the Exhibit, which Counsel intend
    to tender through such
    witness;
  14. Counsel
    for Fofana and Counsel for Kondewa shall ensure at all times the availability of
    at least two standby witnesses in court to
    testify in order to avoid any
    possible delays;
  15. Counsel
    for Fofana and Counsel for Kondewa shall endeavour to submit any documents
    pursuant to Rule 92bis of the Rules, as soon as possible or at least
    fifteen days prior to the anticipated closing of their respective Defence cases.

Done in Freetown, Sierra Leone, this 20th
day of July 2006.


_____________________________
Hon. Justice Benjamin
Mutanga Itoe
__________________________
Hon. Justice Bankole Thompson
Presiding Judge
Trial Chamber I
_______________________
Hon. Justice Pierre Boutet


[Seal of the Special Court for Sierra Leone]


[1]
SCSL-04-14-474.
[2]
SCSL-04-14-489.
[3]
SCSL-04-14-500.
[4]
SCSL-04-14-498.
[5]
SCSL-04-14-525.
[6]
SCSL-04-14-526.
[7]
SCSL-04-14-534.
[8]
SCSL-04-14-540, Counsel for Fofana noted in their submissions that some
requested information was not available for all witnesses,
para.
3.
[9]
SCSL-04-14-543.
[10]
SCSL-04-14-571.
[11]
SCSL-04-14-575.
[12]
SCSL-04-14-591.
[13]
SCSL-04-14-593.
[14]
SCSL-04-14-639, Counsel for Fofana relied on the Fofana Witness List of the
23rd of January 2006, with respect to the summaries of
their proposed testimony, the points of the Indictment to which each witness
will
testify, the estimated length of time for each witness and the language of
the proposed testimony, para.
2.
[15]
SCSL-04-14-668.
[16]
Reference to witnesses’ numbers is in accordance with the Fofana Witness
List of the 27th of June
2006.
[17] Fofana
Witness List of the 23rd of January 2006.

[18] Fofana
Witness List of the 23rd of January 2006.

[19] Fofana
Proposals, para.
3.
[20] Fofana
Witness List of the 23rd of January 2006, see
witnesses No. 4 Hassan Décor, No. 17 Joseph Lansana, No. 18 Joseph
Lappia, No. 20 Mohammed Mansaray, No. 24 Augustine
Ngauja.
[21]
Reference to witnesses’ numbers is in accordance with the Kondewa Witness
List of the 8th of May
2006.
[22] Kondewa
Witness List of the 14th of March
2006.
[23] The
Chamber also notes that no information was submitted for witnesses Momoh
Bockarie Moiwa and Joe Kpana Lewis, as was ordered by
The Chamber in its Order
of the 21st of October 2005 and Order of the
28th of November
2005.
[24] See,
e.g.,
witness Chief Gaima (no indication of the village, the chiefdom and
the timeframe); witness Moses Bangura (no indication of the timeframe).

[25] Disposition,
Order 4.
[26]
Disposition, Order
10.
[27]
Disposition, Order
11.
[28]
SCSL-04-14-620, “Order Scheduling Judicial Recess and Authorization
Pursuant to Rule 4”, the 15th of June 2006.

[29]
SCSL-04-14-595, “Order Detailing Judicial Calendar”, the
11th of May
2006.
[30]
SCSL-04-14-619, “Decision on Norman Motion to Defer Further Evidence and
Closing of His Case to September-December Trial Session”,
the
14th of June 2006, paras 14 and
17(a)(ii).
[31]
Transcript of the 25th of May 2006, p.
62.
[32]
See, SCSL-04-14-575, Order of the 23rd of March
2006, Disposition, Order 2.