DecisiononProsecutionrequestforleavetoamendtheindictment.docVIP

o 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 THE TRIAL CHAMBER Before: Judge Bankole Thompson, Presiding Judge Judge Benjamin Mutanga Itoe Pierre Boutet Registrar: Robin Vincent Date: 6 May 2004 PROSECUTOR Against Alex Tamba Brima Brima Bazzy Kamara Santigie Borbor Kanu (Case No.SCSL-04-16-PT) DECISION ON PROSECUTION REQUEST FOR LEAVE TO AMEND THE INDICTMENT Office of the Prosecutor: Defence Counsel for Alex Tamba Brima: Luc C?té Robert Petit Terence Terry Defence Counsel for Brima Bazzy Kamara: Ken Fleming Defence Counsel for Santigie Borbor Kanu: Geert-Jan Alexander Knoops The Trial Chamber (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Judge Bankole Thompson, Presiding Judge, Judge Benjamin Mutanga Itoe and Judge Pierre Boutet; SEIZED of the Prosecution Request for Leave to Amend the Indictment filed on 9 February 2004 (“Motion”) pursuant to Rules 50(A) and 73(A) of the Rules of Procedure and Evidence of the Special Court (“Rules”); the Response thereto, filed by Defence for Santigie Borbor Kanu on 17 February (“Kanu Response”); and the Prosecution Reply thereto filed on 20 February 2004; CONSIDERING the Order to Submit Indication of Specific Changes to Indictments served on 26 February 2004; and also the Indication of Specific Changes to the Indictments filed by the Prosecution on 1 March 2004; CONSIDERING ALSO the oral submissions proffered on this matter in the course of the Status Conference held on 8 March 2004; NOTING THE SUBMISSIONS OF THE PARTIES THIS IS OUR RULING ON THIS MOTION RESUME OF THE FACTS The facts, briefly stated, are that following the provisions of the Rules 50(A) and 73(A) of the Rules of Procedure and Evidence, the Prosecution is seeking our leave to amend the Indic