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Decision on Confidential Prosecution Motion to Reopen the Prosecution Case to Present an Additional Prosecution Witness, 28 September 2006

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Chapter Summary

This chapter presents a report of the case law of the Trial Chamber II of the Special Court for Sierra Leone. The case is from the Prosecutor against Alex Tamba Brima, Brima Bazzy Kamara, and Santigie Borbor Kanu, regarding the decision on confidential prosecution motion to reopen the prosecution case to present an additional prosecution witness. The Chamber found that the Prosecution has not discharged its burden of demonstrating that even with reasonable diligence the evidence of the proposed witness could not have been previously obtained and presented as part of its case - is a sufficient basis on which to dispose of the Motion and it is not necessary for the Trial Chamber to consider the probative value of the proposed evidence.

Keywords:Brima; confidential prosecution motion; Kamara; Kanu; Special Court for Sierra Leone; Trial Chamber II



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