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[Open session]
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[The accused present]
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[Upon commencing at 9.30 a.m.]
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Good morning. I note appearances are - no, a slight variation in appearances on the Prosecution Bar.
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Good morning, your Honours. For the Prosecution is Ms Julia Baly, Mr Mohamed Bangura, myself, Shyamala Alagendra, and Maja Dimitrova. Thank you, your Honours.
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Mr Munyard, your appearances are as yesterday?
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They are, Madam President: Myself, Terry Munyard, Morris Anyah and Fatiah Balfas.
Madam President, may I raise, very briefly I hope, an oral application? The Court will be aware that the Prosecution filed a motion, or notice, under Rule 92 bis for the admission of evidence related to, amongst other things, the district of Kenema and they filed that on 29 February, but we were served with it on 3 March. Yes, 29 February this year was a leap year.
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I am not at all worried about that. I am just puzzled why it has taken four days to serve you.
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I don't know, but the point is that this is a motion that involves the consideration of some 900-odd pages of material. The Court will be aware that in the past, I think towards the latter end of last year, we had two motions that comprised a huge volume of material and we applied for and were given, perfectly reasonably, an extension of time to consider our response. We are asking today because I believe that under Rule 92 bis we only have five days from receipt of the notice, under the rules, to respond to such a motion.
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We are just looking. It is ten days notice to - sorry. Five days, yes.
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Objection to [overlapping speakers] must be within five days, thank you. That is Rule 92 bis (C). We are conscious of the fact that the Easter vacation is soon to be upon us. Today is Thursday, a week tomorrow we understand this Court will rise, in accordance with the vacation periods for the Special Court for Sierra Leone. Clearly nothing will happen during the two weeks of the Easter vacation, as far as the Court is concerned, so we would ask the Court for an extension of time to serve our response to the Prosecution's motion by the end of the first week after the Easter vacation.
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I don't have a diary with me.
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We return on 31 March and so, by my calculations, it would be 3 or 4 April.
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The Friday.
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I am hoping somebody else has a calendar to hand.
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It will be 4 April, your Honour.
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I am grateful, Madam Court Officer.
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Thank you.
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I don't believe that our application is opposed. We did raise it with our learned friends last night and again this morning.
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I will seek a reply.
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Thank you, Madam President.
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Who is replying on behalf of the Prosecution?
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Myself, your Honours. Good morning, your Honours. Your Honours, the Prosecution does not oppose the application by the Defence. Thank you.
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Thank you, Mr Bangura. We note the application and we note that it is not opposed, and by consent we extend the period provided in Rule 92 bis for the Defence to file objections, if any, to Friday, 4 April 2006 [sic] at close of business. In the event that we have the date incorrect, it is the Friday immediately following resumption of court. Close of business is, to the best of my knowledge, 4.30.
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We were corrected last time that was raised by Madam Court Officer who said it was 5 o'clock.
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You have another 30 minutes more than I thought.
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Given the sitting times of the Court, that is always quite helpful. In any event, we are very grateful to the Court for extending the time.
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On behalf of the Prosecution there is an application I would like to make, but I seek the indulgence of the Court to permit me to raise this application in the absence of the witness and in private session, your Honours.
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Do you wish to make it now, prior to hearing the witness's evidence?
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Yes, your Honour, if it is possible.
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Are the Defence aware of this?
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We are and we have no difficulty with this. We don't anticipate that it will take a very long time.
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In the circumstances, I would ask that, first of all, the witness is escorted from the Court and provisions are made for a private session, so that it is not --
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Madam President, can I just correct the record. You gave us until Friday, 4 April 2006 at close of business and I gather that the record is correct.
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2008 it was, Mr Munyard.
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I am told by several people around me that it was 2006 that was said. In any event, we all understand it, but the record at the moment says 2006.
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Please correct that record. I just don't know what I was thinking of. I wrote 2008 in my notebook if it is any assistance.
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If it helps you, I didn't hear the year, I just heard the date.
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I have checked the record, it was erroneously stated as 2006.
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Thank you.
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Your Honour, just for the record, filing stops at 4 o'clock. It can continue up to 5 o'clock, but anything filed after 4 o'clock is served the following day and that being a Friday, it will be served the following Monday, so 4 o'clock and after 4 o'clock, if 5 o'clock it will be the following Monday.
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[At this point in the proceedings, a portion of the transcript, pages 5389 to 5391, was extracted and sealed under separate cover, as the proceeding was heard in private session.]
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[Open session]
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