PROSECUTOR v MOININA FOFANA & ORS - DECISION ON URGENT JOINT DEFENCE AND PROSECUTION MOTION FOR EXTENSION OF TIME FOR THE FILING OF RESPONSE BRIEFS (SCSL-2004-14-A ) [2007] SCSL 11 (06 December 2007);


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


IN THE APPEALS CHAMBER


Before:
Justice George Gelaga King, Presiding Judge
Justice Emmanuel Ayoola
Justice Renate Winter
Justice Raja Fernando
Justice Jon Kamanda
Registrar:
Herman von Hebel, Registrar
Date:
6 December 2007
PROSECUTOR
Against
MOININA FOFANA
ALLIEU KONDEWA
(Case No.SCSL-2004-14-A)

DECISION ON URGENT JOINT DEFENCE AND PROSECUTION MOTION
FOR EXTENSION OF TIME FOR THE FILING OF RESPONSE BRIEFS


Office of the Prosecutor:

Defence Counsel for Moinina Fofana:
Dr. Christopher Staker

Mr. Wilfred Davidson Bola Carol



Defence Counsel for Allieu Kondewa:
Mr. Yada Williams





INTRODUCTION


  1. THE APPEALS CHAMBER (“Appeals Chamber”) of the Special Court for Sierra Leone

(“Special Court”) composed of Justice George Gelaga King, Presiding, Justice Emmanuel
Ayoola, Justice Renate Winter, Justice Raja Fernando and Justice Jon Kamanda;


  1. SEISED of the “Joint Defence and Prosecution Motion for Extension of Time for the

Filing of Response Briefs” filed on 29 November 2007 (the “Motion”), wherein the Parties
submit the following:


  1. The Parties jointly request an extension of three (3) weeks so that they may file their

response briefs on or before 28 January 2008. The Parties submit that an extension of

time is necessary due to the approaching festive season, the desire of international staff

to take leave during the period of the judicial recess and that such extra time is in the

interests of justice given the many important questions of law, fact and procedure

involved in the Trial Judgment.


DELIBERATIONS


THE APPEALS CHAMBER hereby decides the following:

  1. The Appeals Chamber notes Rule 116 of the Rules of Procedure and Evidence

(“Rules”), which provides that the Appeals Chamber may grant a motion to extend a

time limit upon a showing of good cause;


  1. Having considered the Parties’ submissions, the Appeals Chamber notes that appeal

briefs in this matter have not yet been filed. The Appeals Chamber therefore finds that

no good cause has been shown for the extension of time sought.


FOR THE ABOVE REASONS, THE APPEALS CHAMBER HEREBY DENIES the Motion
and ORDERS that all filings take place accordingly.


Done at Freetown this 6 December 2007.



Justice George Gelaga King
Presiding

Justice Emmanuel Ayoola

Justice Renate Winter

Justice Raja Fernando

Justice Jon Kamanda


[Seal of the Special Court for Sierra Leone]