PROSECUTOR v ISSA HASSAN SESAY & ORS - ORDER REGARDING THE PRESENTATION OF CLOSING ARGUMENTS (SCSL-04-15-T ) [2008] SCSL 65 (01 August 2008);


SPECIAL COURT FOR SIERRA LEONE
JOMO KENYATTA ROAD • FREETOWN • SIERRA LEONE
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TRIAL CHAMBER I


Before:
Hon. Judge Pierre Boutet, Presiding Judge
Hon. Judge Bankole Thompson
Hon. Judge Benjamin Mutanga Itoe
Registrar:
Herman von Hebel
Date:
1st of August 2008
PROSECUTOR
Against
ISSA HASSAN SESAY
MORRIS KALLON
AUGUSTINE GBAO
(Case No.SCSL-04-15-T)

Public Document


ORDER REGARDING THE PRESENTATION OF CLOSING ARGUMENTS


Office of the Prosecutor:

Defence Counsel for Issa Hassan Sesay:
Peter Harrison
Reginald Fynn
Vincent Wagona
Charles Hardaway

Wayne Jordash
Sareta Ashraph

Defence Counsel for Morris Kallon:


Charles Taku
Kennedy Ogeto
Tanoo Mylvaganam


Court Appointed Counsel for Augustine Gbao:
John Cammegh
Scott Martin

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

NOTING the Order for the Filing of Final Trial Briefs and the Presentation of Closing Arguments, issued by the Chamber on the 29th of April 2008, in which the Chamber ordered inter alia:

  1. The Prosecution and Counsel for each Accused may present their respective closing arguments on the 4th and 5th of August 2008;
  2. The Prosecution shall be the first to present its closing arguments followed by Counsel for the First, Second and Third Accused respectively;
  3. The Parties during the presentation of their closing arguments may respond orally to the other Parties’ written submissions and may bring any other final matters before the Chamber, as they consider to be essential for their respective cases;
  4. The Parties shall inform the Chamber of the anticipated length of their closing arguments, which, thereafter, may be limited by the Chamber in the interests of justice.

NOTING that Rule 86 “Closing Arguments” of the Rules of Procedure and Evidence of the Special Court (“Rules”) provides that:

(A) After the presentation of all the evidence, the Prosecutor shall and the defence may present a closing argument.
(B) A party shall file a final trial brief with the Trial Chamber not later than five days prior to the day set for the presentation of that party’s closing argument.
(C) The parties shall inform the Trial Chamber of the anticipated length of closing arguments; the Trial Chamber may limit the length of those arguments in the interests of justice.

HAVING RECEIVED the final trial briefs of the Office of the Prosecutor (“Prosecution”),[1] the Defence for the Accused Morris Kallon,[2] the Defence for the Accused Augustine Gbao[3] and the Defence for the Accused Issa Hassan Sesay;[4]

CONSIDERING the information provided by the Parties as to the anticipated length of closing arguments on the 31st of July 2008;

CONSIDERING that it is in the interests of justice to inform the Parties in advance of the length of time that they will be given to present oral closing arguments;

CONSIDERING that the Parties have filed very comprehensive final trial briefs and that the purpose of the closing arguments is to enable the Parties to address issues raised in the final trial briefs of the other Parties not already addressed in their own final trial brief;

PURSUANT TO Rules 26 bis, 54 and 86 of the Rules;

HEREBY ORDERS AS FOLLOWS:

  1. That the Prosecution will be given a period of two hours to present its closing arguments;
  2. That the Defence for Sesay will be given a period of two hours to present its closing arguments;
  3. That the Defence for Kallon will be given a period of one and a half hours to present its closing arguments; and
  4. That the Defence for Gbao will be given a period of one hour to present its closing arguments.
Done at Freetown, Sierra Leone, this 1st day of August 2008


Hon. Justice Benjamin Mutanga Itoe

Hon. Justice Pierre Boutet
Presiding Judge
Trial Chamber I

Hon. Justice Bankole Thompson

[Seal of the Special Court]


[1] Prosecutor v. Sesay, Kallon and Gbao, SCSL-04-15-T, Confidential Prosecution Final Trial Brief, 29 July 2008.
[2] Prosecutor v. Sesay, Kallon and Gbao, SCSL-04-15-T, Confidential Morris Kallon Final Trial Brief, 29 July 2008.
[3] Prosecutor v. Sesay, Kallon and Gbao, SCSL-04-15-T, Confidential Gbao Final Trial Brief, 29 July 2008.
[4] Prosecutor v. Sesay, Kallon and Gbao, SCSL-04-15-T, Confidential Sesay Defence Final Trial Brief, 31 July 2008.