International Justice Monitor

A project of the Open Society Justice Initiative

Trial Report: November 2008

Proceedings began this month on November 3, at which time Witness TF1-168, who had been scheduled to testify, was unable to be present in The Hague.  In his place, the Prosecution’s next witness, Witness TF1-579, was presented to the Court.  The Prosecution and Defense, however, made a joint application to adjourn until the following Monday.  Judge Doherty denied the request seeing as the witness had already travelled to and was present in The Hague.  She did adjourn until Wednesday, November 5.  The Prosecution also agreed to supply the Defense with a list of anticipated witnesses on a two week basis going forward.  Two others testified this month, a former RUF member and an expert medical witness.

The cross examinations again focused on whether any of the witness testimony had been colored by exposure to the testimony of prior witnesses.  The Defense continued to impeach witnesses using prior inconsistent statements from interviews with the Prosecution or former trials.  The Defense also attacked the qualifications of TF1-358 to testify as an expert witness.

The Court heard a total of 3 witnesses during this period for a total of 83 witnesses to date.

As with the previous reports, available online at http://charlestaylortrial.org/trial-reports/, this report summarizes witness testimony heard during this period and identifies issues that have arisen at trial.  It also notes significant submissions by both parties and decisions by the Trial Chamber.

The following witnesses testified during this reporting period:

1. TF1-579

2. TF1-045/Augustine Sama Mallah

3. TF1-358/ expert medical witness

Prosecution and Defense Themes

Prosecution Themes

During the month of November the Prosecution called three witnesses.  The first two witnesses testified as to the inner workings of the NPFL and the RUF, as well as their command structures and the relationships within the rebel hierarchy.  The witnesses testified as to events as far removed as the early 1990’s in an attempt to establish the character and behavioral patterns of Charles Taylor.  The Prosecution focused heavily on Taylor’s involvement with mining activities and his supply of the RUF with arms and ammunition in exchange for diamonds.

The third and final witness was an expert medical witness who had been stationed in Freetown.  He spoke of the injuries he saw as a result of the atrocities committed by the rebels.  In addition to physical injuries, he spoke of mental, emotional, and long term damage caused by the rebels’ abuse.  Throughout his testimony the Prosecution introduced photos into evidence, asking the witness to describe the events and individuals pictured.  This practice put a face on the pain and suffering of the people of Sierra Leone in an attempt to reach the Court on an emotional level.

Additionally, the Prosecution elicited testimony from these witnesses regarding the identity of rebels and soldiers, how they were dressed, and whether they had Liberian accents, in an attempt to show their connection with Taylor.

Defense Themes

The Defense focused again this month on impeaching the Prosecution’s witnesses with prior inconsistent testimony and sworn statements.  The Defense particularly questioned witnesses who had not corrected their sworn statements when they had been given recent opportunities to do so.  Witnesses were questioned on whether they had been in contact with prior witnesses in an attempt to show that this communication was now coloring their own testimony.  They were also questioned on when they first learned they would be testifying in the trial of Charles Taylor.  The Defense hoped to show that it was at that point that their testimony changed, especially in ways that stressed the Liberian influence among the rebels.

The Defense again focused on payments given by the Witness and Victim Support Unit to the Prosecution witnesses.  This was done in an attempt to show that witnesses had an incentive to cooperate with the Prosecution because they received more by travelling to The Hague and testifying than they did by working their regular jobs.

The Defense attacked the credibility of Witness TF1-045 not only through highlighting his prior inconsistent statements, but also by discussing crimes he had committed while a member of the RUF.

The expertise of Witness TF1-358, a medical practitioner, was directly attacked by the defense.  Witness TF1-358 had offered his expert opinion on injuries caused by firearms and blunt force, sexual violence, and the emotional and long term effects of sexual violence, among other issues.  The Defense attempted to show that, while the witness may have expertise in general medicine, he was not qualified to offer expert opinions on some of the matters he addressed.  His experience was questioned and his knowledge was tested by the Defense.

Legal Procedural Matters

Rule 93, Evidence of Consistent Pattern of Conduct

On November 5, the Defense objected to the admission of evidence of executions that fell outside the temporal limits of the indictment.  The evidence was admitted, however, as relevant to showing Taylor’s behavior in killing fighters who did not behave as he wished.  While a complete version of the Rules of Procedure and Evidence of the Special Court for Sierra Leone can be found on www.sc-sl.org, Rule 93(A) states as follows: Evidence of a consistent pattern of conduct relevant to serious violations of international humanitarian law under the statute may be admissible in the interests of justice.  Therefore, the evidence was allowed pursuant to Rule 93a.  Judge Doherty reminded the Court that the probative value of the evidence would be determined by the Chamber.

Application by the Defense to Adjourn Cross-Examination of Witness TF1-579

On November 6, at the conclusion of the Prosecution’s examination in chief, the Defense applied for an adjournment to allow for adequate preparation for cross-examination.  The Prosecution would be free to call another witness during the adjournment.  The Prosecution objected to the Defense’s Application on the grounds that it would jeopardize the security of the witness.

The Application of the Defense for an adjournment was based upon two grounds:

1. Due to the late appearance of the witness, disclosures of some of his statements were made very late.  The Defense had insufficient time to consult with Taylor on how to proceed.  Furthermore, the documents had not been completely reviewed; and

2. An issue discussed earlier in private session.

After a discussion in private session, Justice Doherty orally granted the Application for an adjournment of the cross-examination of Witness TF1-579 until Monday, November 24, 2008.

Withdrawal of Defense Counsel Munyard

On November 7, Lead Defense Counsel, Courtenay Griffiths, informed the Court that serious allegations had been made against his Co-Defense Counsel, Terry Munyard.  The allegations were discussed in private session.  Judge Doherty informed the Court that arguments on the issue had been heard on November 6 and that Mr. Munyard would be withdrawing based upon reasons of professional ethics.  Another Counsel would cross examine the witness, requiring additional time to prepare.  Therefore, the Court would adjourn until Wednesday, November 12, 2008.  The misconduct of Counsel is governed by Rule 46 of the Rules of Procedure and Evidence of the Special Court for Sierra Leone, which provides for the establishment of principles of professional ethics which must be abided by in order to have audience before the Special Court.

Witness Testimony

Witness TF1-579

The Prosecution called its 81st witness, Witness TF1-579, on November 5.  The witness was a Liberian linkage/insider witness who testified in Liberian English using voice and image distortion techniques.  He had been educated through 10th grade and could speak English, Gio, and Liberian English.  Before delivering his testimony, the witness was reminded by the Prosecution to not reveal his identity.

Witness Joins the NPFL in 1990

The witness reported that he was in Liberia at the start of the rebel war in 1989, but he fled to Ivory Coast as the rebels advanced.  While in Ivory Coast, the witness reported that Special Forces of the NPFL encouraged him and other Liberians to join the revolution as the Gios in Liberia were being killed by the Krahn people.  The witness left Ivory Coast for the Liberian training base at Gborpleh to join the NPFL.  During his three months at base, the witness saw SBUs, Special Forces, and other soldiers, as well as Gambians, Burkinabes, and Ivorians.  He also met Benjamin Yeaten.  Upon graduating from training he was taken to Tapeta where he met Oliver Vanny and worked as his bodyguard.

Foday Sankoh Plans Invasion of Sierra Leone from Liberia

The witness first met Sankoh at Bomi Hills in Liberia where Sankoh held a meeting to plan the deployment of his fighters to Sierra Leone. According to the witness, Sankoh reminded his fighters, most of whom were Liberian and supported by Taylor, that he wanted no looting or civilian death.  The main target for the fighters was Gendema, from which they would advance towards Zimmi.  The witness reported there was troop movement between Bomi Hills and Sierra Leone for some time.

Execution of Oliver Vanny

The witness testified that Taylor ordered Oliver Vanny’s execution because he blamed Vanny for allowing the capture of Gbarnga by enemy forces.  The witness also noted that Casciuous Jacobs was executed at the same time.  The Defense objected on the grounds that this testimony was irrelevant and there was no link to the events in Sierra Leone for which Taylor was being charged.  Furthermore, they were not within the time frame of the indictment.  The Prosecution argued they were relevant because they went to showing Taylor’s behavior of executing fighters who did not perform as he wished.  Judge Doherty allowed the questions under Rule 93a of the Rules of Evidence, finding their probative value would be determined by the Chamber.

Witness is Recruited to the Special Security Services (SSS)

Benjamin Yeaten later sent the witness for SSS training in Gbarnga.  He was then assigned to Taylor’s Mansion in Gbarnga in 1992.  According to the witness, Sankoh was given a house at Sugar Hill, which was closer to the houses of Yeaten and Taylor.  The witness was also able to identify photos of Yeaten, Sylvester Williams, and Daniel Tamba, also known as Jungle.  After his assignment at Taylor’s Mansion, the witness was deployed to Monrovia, where he fought against ULIMO-J fighters.  Later, when Taylor became President, the witness worked in motorcade security.  Explaining the structure of the SSS, the witness noted that those who were fully trained were paid $250, while those who were working as Special Bodyguards were paid $450, and those who were not fully trained received $50 and a bag of rice.  The witness reported that Senegalese was the Commander of the Special Bodyguards Unit.

Payments Received by NPFL Fighters Before Taylor Became President of Liberia

The witness reported that he did not receive any payments for his service as a member of the SSS prior to Taylor’s presidency.  Other SSS officers, however, received some form of payment in food supplies, clothing, or boots, etc.  Fighters were also allowed to take items from towns captured along the frontline.  With Taylor’s presidency, the SSS began to wear uniforms.

Visits to Sierra Leone

The witness stated that he visited Sierra Leone on three separate occasions.  The first visit was with Samson Wai and Jungle, while Jungle was ADC to Foday Sankoh.  The witness was not in uniform for the trip.  The purpose of the trip was to bring ammunition to Bockarie, who met them near the border and led them to Buedu.  The witness spent two days there, during which the RUF commanders travelled from the frontline to pick up ammunition for their operations.

The second visit, made two months later, was with Zigzag Marzah, Samson Wai, and Jungle.  Before leaving, Yeaten gave them ammunition from a warehouse at Taylor’s residence to bring to Bockarie.  Zigzag Marzah, also known as Joseph Marzah, was reportedly an operations man for Yeaten.

On the third trip, the witness was accompanied by Samson Wai and was sent to bring clothing, boots, and cigarettes from Yeaten to Bockarie for the RUF fighters.  While there, Bockarie brought the men to the Moa River to attempt to retrieve a war tank requested by Taylor.  In trying to ferry the tank across the river, however, they ended up sinking it.  On the trip back to Buedu they met Issa Sesay and Morris Kallon, whom Bockarie instructed to repair the ferry.

Sam Bockarie’s Relocation to Liberia and Acquaintance with the Witness

When problems arose between Issa Sesay and Bockarie, Taylor invited them to Liberia to settle their disputes.  When the problems persisted in 1999, Bockarie relocated from Sierra Leone to Liberia with his family and his loyal fighters.  Upon Taylor’s request, these fighters were then recruited into the Anti Terrorist Unit (ATU), which was led by Taylor’s son, Chuckie.  The witness identified photos of Zigzag Marzah, Sam Bockarie, Jungle, and Abu Keita, who had reportedly been a member of the ULIMO-K prior to joining the RUF.

The witness was assigned to work directly with Bockarie after Bockarie relocated to Liberia.  Bockarie had been given a compound containing four houses at the ELWA Junction for his extended family and bodyguards.  Other Liberians under Yeaten who also worked with Bockarie were Samson Wai, Suprise Faiso, and James Kemu.  During this time the witness developed a close relationship with Bockarie, who confided in him regarding his struggle to maintain the RUF in Sierra Leone and how he had not benefited from doing so.  Bockarie referred to Taylor as Chief and said that it had been Taylor who invited him to relocate to Liberia and that it was Taylor who gave Bockarie instructions in Sankoh’s absence.

Diamond Mining

The Prosecution asked the witness to relate what Bockarie had told him regarding diamonds mined by the RUF.  The witness reported that Bockarie divided the diamonds into three portions.  One third was given to Taylor for the purchase of arms and ammunition for the RUF; the second portion was distributed among various RUF commanders; and the third portion was kept for Sankoh upon his release from prison.  The court moved into private session to keep from revealing the identity of the witness.  Much of the next morning was also held in private session.

Sam Bockarie’s Trip to Ivory Coast

When the Court resumed in open session, the witness testified that Bockarie travelled to Burkina Faso in 2000 where he remained for some time.  Upon his return, Taylor ordered him to Ivory Coast with several fighters, recruited by Sam Tua.  Bockarie and his fighters launched attacks against Ivorian forces from Danane, Ivory Coast.  Following Yeaten’s instructions, the witness joined Bockarie in Ivory Coast.  Upon arrival, he found that Bockarie had Sierra Leonean and Ivorian fighters, including Toastie, Jabati Jaward, Vandamme, Yellowman, and Idrissa.  After two months Bockarie asked the witness to accompany Bockarie’s wife and children back to Liberia. He did so, and returned to Ivory Coast with Bockarie’s girlfriend.

The witness later returned to Liberia and heard of the fighting between Bockarie and Philip Doe, a rebel leader in Ivory Coast, which prompted Bockarie to retreat back to Liberia. Taylor gave orders to Yeaten that Bockarie and his men should be taken to Yekepa.  Yeaten also told the witness to join Bockarie at Yekepa.

Death of Sam Bockarie

The witness happened to be on the road travelling to a neighboring town when he saw Yeaten moving towards Yekepa with a convoy of armed men.  A close friend, whose identity was only revealed in closed session, called him aside to tell him that he was a lucky man.  He was considered lucky because Taylor had given Yeaten orders to kill Bockarie and his fighters since Bockarie had become an embarrassment.  Therefore, had the witness not been away, he too would have been killed.  Bockarie and all his men had been killed, including James Kemu who was beheaded.  The witness returned to Segleipie where Jungle confirmed the executions.  The witness spoke of how Jungle was killed by Nyani, on the instructions of Yeaten.

Photo Identification

The Prosecution asked the witness to identify individuals in several photos.  The Defense objected based on a lack of foundation, but the witness was ultimately allowed to make the identifications.  The witness identified a uniformed Gen. Lucy, who worked as an ADC to Taylor.  He also identified Taylor, Joseph Montgomery, Kadiatu Jarrah, James Kemu, and Isaac Musa.  The Court then moved to private session and afterwards the photos were marked and admitted into evidence.

Witness TF1-045/Augustine Sama Mallah

On November 12, the Prosecution called its 82nd Witness, Witness TF1-045, Augustine Sama Mallah.  Protective measures previously granted were rescinded and the witness was prepared to testify in open Court.  The witness noted that he was also called SMOG, which meant Save Me O God.  When he became a member of the RUF the name was shorted to OG.

Witness captured in 1991 by Rebels with Liberian Accents

The witness reported that he was captured by rebel forces in 1991 while in his hometown in Pujehun, in southern Sierra Leone.  Among his capturers were those with Liberian accents, including Benjamin Syl and SK Zoro Coin.  The rebels told him that Sankoh was the leader of the revolution in Sierra Leone.  The rebels gathered villagers under a court barry and took approximately 50 away for training, including young boys and girls.  The younger women, including the sister of the witness, were taken as wives.  The witness and others were taken to a training camp in Gisiru where they were trained in guerilla warfare.  Those who resisted the training were severely beaten.  Those who tried to escape were executed.  Following training, the witness became a Junior Commander, and he remained with the RUF until disarmament in 2002.

Arms and Supplies from Liberia; RUF Retreat from Sierra Leone to Liberia in 1991-1992

In 1991, the witness reportedly saw Sankoh bringing arms, ammunition, and medicine from Liberia to Sierra Leone for use by the RUF rebels.  He saw Sankoh on three occasions in 1991 and once in 1994.  On one occasion the witness was at Gendema when Sankoh brought ammunition and medicine from Taylor in Gbarnga, Liberia.  There were numerous times when the rebels were pushed by Sierra Leonean Government soldiers from their various strongholds, causing a retreat into Liberia.  While in Liberia, they were taken to Bomi Hills, which was under NPFL control, for further training.  More than 500 to 600 fighters undertook training at Bomi Hills, where they were taught how to operate heavy weapons and use land mines. The witness also spoke of the atrocities committed by the RUF Vanguards in Sierra Leone.

Witness as Commander of the RUF Strike Force

According to the witness, when Sankoh established Zogoda as the RUF headquarters, the witness was transferred there to protect the Mansion Ground.  The Strike Force was established to provide protection for Camp Zogoda and the surrounding two to three mile radius.  The Strike Force screened all RUF fighters traveling to Zogoda, and civilians discovered within the vicinity were killed.  The witness was made the Commander of the RUF Strike Force, a position which reported directly to Sankoh.

RUF Hierarchy

The witness reported that under Sankoh’s leadership of the RUF Mohamed Tarawalie, who was also known as Zino, was deputy.  Bockarie was next in line as Battle Group Commander, and Issa Sesay deputized Bockarie.  When Zino died, Bockarie replaced him as Sankoh’s deputy.

RUF Attack on Sierra Rutile Ltd.

While at Camp Zogoda in 1994, Sankoh sent the witness and other RUF commanders to launch an attack on Sierra Rutile Ltd.  The other commanders on the mission included Superman, Isaac Mingo, and Co. Jalloh.  According to the witness, Sankoh instructed them to capture Sierra Rutile Ltd, kill civilians, and capture the white employees of the company in an attempt to raise awareness within the international community.  The plan was implemented and the witness remained at Sierra Rutile for eight months before returning to Zogoda.

Elections Before Peace and Peace Before Elections Campaigns of 1995 and 1996

Sankoh was contacted by the Sierra Leonean government regarding peace talks.  He then demanded that all elections be suspended until peace was attained.  When the government proceeded with elections before attaining peace, Taylor advised Sankoh to order the rebels to amputate the hands of civilians to physically prevent them from voting.  Based upon this order, given by Sankoh to Morris Kallon, the rebels attacked Kenema.  They were met with resistance, but they succeeded in entering Kenema, killing civilians, and preventing others from voting.

Communications between Sankoh and Taylor

The witness testified that Sankoh communicated with Taylor on numerous occasions, during which the witness claims he was usually close by.  He reported that Sankoh would inform Taylor of his health and update Taylor on the RUF security operations in Sierra Leone, specifically the movement of RUF fighters, the areas under their control, the areas under government control, and the arms and ammunition captured from enemy soldiers.

Sankoh’s Trip to Ivory Coast for Peace Talks

The witness spoke of Sankoh’s trip to Ivory Coast in 1996 for peace talks with the Sierra Leonean government.  While Sankoh was away, Zino acted as head of the RUF from Zogoda.  During this time, Sierra Leone soldiers and Kamajors attacked Zogoda and destroyed the camp, causing the witness and some others to move to Pujehun.  Zino disappeared in the attack and the witness later learned that he had died.

The witness later joined Mike Lamin, with whom he traveled to Liberia, where Mike Lamin met with Taylor.  Mike Lamin and the witness were later given Liberian passes.  They then travelled to meet Sankoh in Ivory Coast.  Sankoh departed Ivory Coast for a trip to Nigeria where he was arrested.  His arrest prompted Fayia Musa to announce over the radio that Sankoh was no longer leader of the RUF, which did not go over well among RUF members.

Trip from Ivory Coast to Sierra Leone

According to the witness, when Sankoh was arrested in Nigeria, the witness left Ivory Coast and travelled to Liberia.  Mike Lamin, who had previously been arrested, was later released and joined the witness in Liberia.  Upon entering Liberia, Jungle met the witness and traveled with him to Gbarnga, where they remained until the AFRC coup in Sierra Leone.  While Jungle was attempting to get them back to Sierra Leone, the witness became inpatient and travelled to Freeport in Monrovia, where the Sierra Leonean contingent of the ECOMOG was based.  Mike Lamin met him there and spoke with Bockarie who was already in Freetown with the AFRC soldiers.  The witness overheard the conversation between Mike Lamin and Bockarie in which Bockarie told Mike Lamin that he should travel to Sierra Leone to head a delegation that would move to review the peace agreement signed in Ivory Coast.  According to the witness, they immediately left for Sierra Leone and met Bockarie in Kenema.  Bockarie and Mike Lamin then travelled to Freetown while the witness stayed in Kenema.

AFRC/RUF Mining Activities in Tongo

After several days in Kenema, the witness travelled to Tongo where he met AFRC and RUF soldiers involved in mining activities, including Capt. Yamao Kati, Sgt. Junior, and Capt. Eagle.  While in Tongo, the witness saw civilians who were treated poorly and used for mining by the AFRC and the RUF soldiers.  Some were severely beaten or executed.  The witness was reportedly also involved in private mining while in Tongo for two months.  He then returned to Kenema where he remained until the ECOMOG soldiers dislodged the AFRC/RUF Junta from power in February 1998.

The witness stated that all diamonds over 5 carats were given to the PLO 2 based in Tongo, who brought them to Eddie Kanneh, the Residence Minister East in Kenema, who brought them to Johnny Paul Koroma in Freetown.  When the witness travelled to Kenema to sell his own diamonds, he visited Bockarie.  During his visit he saw Jungle, who had travelled from Liberia to visit with Bockarie.  According to Bockarie, Jungle had been sent by Taylor to collect diamonds.  The witness reported that mining was also occurring in Kono under Gullit.

Supply of Arms and Ammunition to the AFRC

The witness remained in Tongo for two months and then worked as a senior bodyguard to Mike Lamin in Freetown.  During his time in Freetown, the AFRC Chief of Army Staff informed them that arms, ammunition, and medicine would be arriving at the Magburaka airstrip.  Soon after, the witness was sent back to Tongo to mine for Mike Lamin.  Upon his arrival, he learned that the mining policy had changed and that soldiers and rebels now treated civilians more harshly.

Bockarie’s Orders for Operation Pay Yourself in Kenema

The witness testified that when the ECOMOG dislodged the AFRC/RUF Junta from Freetown, Bockarie advised leaving Kenema because the ECOMOG soldiers would be attacking.  Bockarie instructed the launch of Operation Pay Yourself, by which they could take all they wanted before leaving Kenema for Buedu.  Together with other rebels, they embarked on a looting spree of houses and shops.  The witness reported seeing Bockarie load three trucks with looted items from the shop of a local business woman.  While exiting, many rebels took female civilians as wives, including a thirteen year old girl whose house had been attacked by rebels.

Killing of the 65 Alleged Kamajors in Kailahun

The witness testified regarding the killing of 65 individuals in Kailahun, whom Bockarie had accused of being Kamajors.  The individuals had attacked RUF positions and Bockarie had suspected they were Kamajors.  Bockarie ordered Augustine Gbao, the head of the Internal Defense Unit (IDU), to investigate whether they were Kamajors. The men were then transferred to Kailahun town and after some time Bockarie travelled there to ask Gbao about the status of the investigation.  Gbao reported they were all Kamajors.  Bockarie then called for their execution.

Transfer of Johnny Paul Koroma and Others from Kono to Buedu

The witness testified regarding the transfer of Johnny Paul Koroma and others from Kono to Buedu after the Junta was removed from power.  After the retreat from Freetown, the AFRC and the RUF officers travelled to Makeni, and then later to Kono.  The witness then received orders to travel with Major Gweh to open the road from Bunumbu to Gandohun. They attacked several towns until they reached Gandohun, where they met Issa Sesay and told him that Bockarie had requested they all move to Buedu.  Issa Sesay then travelled with them to get Johnny Paul Koroma.  Together with Mike Lamin and Sammy, they moved to Buedu.

Meeting Summoned by Johnny Paul Koroma in Buedu

Johnny Paul Koroma called a meeting at Bockarie’s house in Buedu, which was attended by Johnny Paul Koroma, Bockarie, Sammy, Maj. Dumbuya, CO. Issa, the witness, and other senior officers.  Johnny Paul thanked Bockarie for his efforts in getting Johnny Paul Koroma and his family to Buedu.  Johnny Paul Koroma mentioned that while in Freetown, he received diamonds mined by AFRC/RUF soldiers in Tongo and Kono.  Bockarie informed Johnny Paul Koroma that once he moved from Freetown and had reached the bush he should turn to Bockarie for instructions.  Bockarie then collected all diamonds and money in Johnny Paul Koroma’s possession.  The witness drew a sketch of the parcel that Bockarie collected from Johnny Paul Koroma, which was admitted as an exhibit. The witness also spoke of diamonds taken from Gullit in Kailahun.

Command Structure

Following the ECOMOG intervention that removed the AFRC Junta from power, Bockarie was the overall leader of the RUF in Sankoh’s absence.  Issa Sesay was deputy to Bockarie, and Morris Kallon deputy to Issa.  Superman was Battle Group Commander and Rambo was his deputy.  Superman and Rambo were in Makeni, while Bockarie and Issa were in Buedu.

Civilian Treatment in Buedu

The Prosecution asked the witness about the treatment of civilians in Buedu, to which he replied they were assigned mandatory domestic chores for the RUF and the AFRC officers in Buedu.  Furthermore, female civilians were sexually exploited by AFRC/RUF soldiers and were passed around to numerous men.  Civilians could only move around by presenting a RUF issued pass.

Bockarie’s Visits to Monrovia and Jungle’s Visits to Buedu

The witness was transferred to Baima, but continued to visit his family in Buedu.  At this time he was aware that Bockarie was making visits to Monrovia to see Taylor.  He even sometimes accompanied Bockarie to Foya where a helicopter picked him up for Monrovia.  Bockarie told the witness that he was visiting Monrovia to get materials from Taylor for the RUF.  Bockarie’s bodyguards reported that Bockarie brought diamonds to Taylor in exchange for these materials.  While in Buedu, the witness saw mining commanders bring diamonds to Bockarie.  He also saw Salim, an RUF contractor, receive U.S. Dollars to purchase materials along the border of Guinea and Sierra Leone.  According to the witness, Jungle came from Liberia to visit Bockarie in Buedu on three separate occasions.  Twice he saw Jungle bring arms and ammunition for the RUF, reportedly on the orders of Taylor.  The witness did not actually see Jungle on his third trip.  Bockarie also gave diamonds to Jungle to take to Taylor.

Operation Spare No Soul

After traveling to Liberia to seek advice from Taylor, Bockarie called a meeting in Buedu for many of the senior officers of the AFRC and the RUF.  Bockarie reported that he had been given arms and ammunition by Taylor and that Liberians, headed by a former ULIMO commander, would serve as reinforcement for “Operation Spare No Soul.”  The purpose of the mission was to destroy all towns occupied by the ECOMOG upon capture.  A second meeting was later held in which they apportioned themselves into different units, headed in different directions towards either Kenema or Kono.  After the Kono attack, Akim was to advance and capture Tongo while Issa and Kallon were to advance to Makeni.  The witness was a member of the Kenema group, which was unsuccessful in capturing the town, but did kill civilians and burn villages along the way.  Following the mission, the witness moved to Segbwema, where he remained until rebels entered Freetown in January 1999 and the Lome Peace Accord was signed.

Foday Sankoh’s Return to Sierra Leone

After the signing of the Lome Peace Accord, Sankoh was released from prison and returned to Sierra Leone.  It was expected that he would go to Buedu, but he was convinced by the international community to instead go to Freetown. From there Sankoh travelled to Buedu with the UN Force Commander Gen. Jetley to meet with RUF fighters.  Sankoh then requested that Bockarie assign 30 bodyguards, including the witness, to live with him in Freetown.  The witness spent approximately two or three months at Sankoh’s Spur Road residence in Freetown.

Problems Between Sankoh and Bockarie

The witness was sent by Sankoh to Segbwema to tell the fighters there to no longer take orders from Bockarie.  Sankoh was upset with Bockarie for refusing to accept orders.  Meanwhile, Bockarie felt that Sankoh had been away for some time, during which Bockarie had attended to the RUF, and now that Sankoh was back he should be the one listening to Bockarie.  While the witness was in Segbwemah, Issa Sesay passed through with armed men, on his way to advise Bockarie that it was unacceptable for him to refuse to take orders from Sankoh.  Issa Sesay radioed Bockarie to report that he was on his way.  Bockarie stated how he had struggled to keep the RUF together and if they were planning to attack him he would leave with everything he had for the RUF, including diamonds and money.  By the time the witness and Issa Seasy arrived in Buedu, Bockarie had left for Liberia with many fighters and civilians.  When Bockarie left the RUF for Liberia, his position was assumed by Issa Sesay.

RUF Mining Activities in Tongo

In 2000, the witness moved to Tongo for RUF mining activities there.  Upon his arrival, government and private mining activities were taking place, by the RUF and private commanders, respectively.  The standing policy was that all private mining was conducted with the approval of the mining commander and that all government mining had priority over private mining.  Any diamonds greater than 5 carats were to be handed over to the RUF mining commander.  Civilians were sometimes arrested and forced to mine.  All diamonds mined were handed over to the mining commander, who gave them to Issa Sesay.  Most were then brought to Taylor in Liberia in exchange for arms, ammunition, and U.S. Dollars.  The Dollars were supposedly necessary for the elections the RUF planned to hold when it became a political party.  Issa Sesay noted that the ammunition was necessary because even during peace time they must be prepared for war.  The witness spoke of problems he and his colleagues experienced with Issa Sesay and Kallon, and described one time when he was beaten and almost executed, after which he returned to Tongo and disarmed to the UN.

Cross Examination

The Defense strategy was to ruin the credibility of the witness by addressing the crimes he committed while serving as an RUF fighter and the inconsistencies between his prior written statements and his oral testimony in court.

Crimes Committed by the Witness

The Defense asked the witness several questions relating to whether he took part in the killing, amputation, and raping of civilians during the conflict. The witness initially admitted he killed.  The Defense asked the witness whether he knew or ever raped a woman named Beatrice, who was captured when rebels attacked Sierra Rutile in 1995.  The witness then admitted he had raped Beatrice.  Initially their relationship was forced, but over time she became willing, and stayed with him from 1995 until 2000.  The witness agreed that in using Beatrice for sexual purposes, she was “kicked around like a football” by the witness and Solo, who was a rebel signaler.  The witness has one child with Beatrice, while Solo has two.  The witness reported that he gave a young girl who was captured by the RUF rebels at the age of 11 or 12 to another rebel colleague called K-Man to take as a wife.  The girl was approximately 14 or 15 when she was given to K-Man.

Inconsistencies

The Defense worked to establish inconsistencies between the prior written statements of the witness and his Court testimony.  The Defense began by showing the witness a document which indicated he had met with members of the prosecution team approximately 30 times.  In his first meeting with the Prosecution on January 31, 2003, the witness reported that he was captured by the RUF rebels in 1994 and was taken for training at Camp Lion, near Kenema By-Pass.  His present testimony was that he was captured by the RUF rebels in 1991 and was taken to a training camp at Gisiwulu.  The witness claimed he had originally lied to the Prosecution investigators for a reason.  The Defense also discussed a portion of the written statement which claimed the witness first saw Sankoh in 1994 or 1995.  In Court he claimed to have first seen Sankoh in 1991 at the Gisiwulu training base.  In regards to radio conversations between Sankoh and Taylor, the witness changed from having not known the nature of the conversations between the two to having been just a few meters away from the discussion.  The witness reported that if he had remembered the correct answers, he would have corrected his earlier statements, but his Court testimony was presently an accurate account of the events he described.

Top 20, Top 40, and Top Final

The Defense questioned the knowledge of the witness regarding operations during which Liberian fighters were driven from the RUF.  The witness had heard of these operations, but denied having been a part of them.  According to previous witnesses, by 1992, as a result of these operations, Liberian members of the RUF had been driven out of Sierra Leone.  The witness, however, claimed that there were still Liberian fighters in Sierra Leone after 1992.

Attack on Camp Zogoda and Sankoh’s Radio Operators

The Defense questioned the witness regarding the attack on Camp Zogoda by Kamajors and the government of Sierra Leone when Sankoh travelled to Ivory Coast for peace talks. The witness confirmed the attack, but was unsure of the exact year.  He explained that two groups retreated out of Zogoda toward the border between Pujehun and Liberia.  One was led by Mohamed Tarawalie, also known as Zino, while the other was led by Mike Lamin.

The witness reported that Sankoh had many radio operators, some of which were not permanently based at Zogoda, including Zedman and Mohamed Koroma, who was also known as High Command.  When asked about CO. Nyaa, the witness replied that he was not permanently based at Zogoda.  The Defense questioned whether the witness knew of Dauda Fornie, also known as DAF, or Alice Pyne.  The witness knew them as radio operators working with Sankoh.  The radio operators who accompanied Sankoh to Ivory Coast, however, were Motiger, Zedman, and Omar Gbessay.  Another radio operator, Moinama, also known as The Cat, apparently testified against Sankoh during the treason trials in the High Court of Sierra Leone.  Moinama claimed he had accompanied Sankoh to Ivory Coast and was with him in Nigeria at the time of his arrest.  The witness then remembered The Cat as a signaler to Sankoh.

Trip Through Liberia to Ivory Coast

The Defense asked the witness several questions regarding his trip through Liberia to Ivory Coast.  Earlier the witness had testified that in Liberia they were assisted by an ULIMO commander, Charles Zulu, in contacting Sankoh in Abidjan, and also that Taylor had helped them obtain passes to travel to Ivory Coast.  The Defense established that ULIMO fighters were enemies of the NPFL and that if an ULIMO commander was assisting RUF fighters in contacting Sankoh this was essentially the same as the ULIMO assisting Taylor.  The witness did not disagree with the Defense, but reiterated that he had no contact with Taylor at this time.

The witness then stated that upon arrival in Liberia he and Mike Lamin had no money, and so Mike Lamin visited with Taylor, who gave them $100.  At this time the witness said he did not see Taylor, to which the Defense replied that yesterday the witness had stated that he had seen Taylor.  The witness could not disagree.  The Defense then highlighted some testimony from two weeks ago in which the witness had stated he did not accompany Mike Lamin on the meeting with Taylor.  The witness blamed the discrepancies on interpretation problems.  He reiterated that Taylor had assisted them in obtaining passes to travel to Ivory Coast.  Mike Lamin had met with Taylor at Kongor Town in Monrovia.  When the Defense countered that Taylor was residing at Mamba Point at that time, the witness replied that Taylor also had an office at Kongor town where he saw NPFL fighters.  The Defense countered that at that time, the NPFL had been transformed into a political party and thousands of fighters had been disarmed by the UN.  The witness replied that the NPFL members at Taylor’s office in Kongor Town were unarmed.

The witness hired a vehicle with Mike Lamin which brought them to the border between Liberia and Ivory Coast.  They walked the remainder of the distance to Abidjan, which the witness agreed was far.  The witness acknowledged that he had earlier stated he had not accompanied Mike Lamin on this trip.  The witness reported that Mike Lamin was arrested in Abidajan, leaving the witness to find his own way back to Liberia.  Pa Musa Sesay had given money to CO Brown to assist the witness and his colleagues in getting home from Ivory Coast, but CO Brown had fled with the money.  Alternatively, Bockarie had instructed Jungle to assist the witness in leaving Ivory Coast, but Jungle had delayed, leaving the witness to return to Liberia on his own.  When he did arrive in Liberia, Jungle assisted him in reaching Gbarnga before he eventually returned to Sierra Leone.  The Defense stated that in the AFRC trial the witness had claimed he had used his own $100 to leave Danani in Ivory Coast and travel to Monrovia.  The witness responded that he had left Danani in Ivory Coast, but he had not used his own money.

Taylor’s Transformation from Rebel Leader to Presidential Candidate in 1997

The Defense claimed that while the witness was traveling through Liberia to Ivory Coast Taylor was a presidential candidate in the 1997 Liberian elections.  He had ceased to be the rebel leader of the NPFL and was now the presidential candidate of the National Patriotic Party (NPP).  The witness disagreed, claiming that Taylor still associated with fighters at this time.

Whether Sierra Leone ECOMOG Soldiers, Rather than Taylor, Facilitated the Return of RUF Fighters from Liberia to Sierra Leone in 1997

The Defense attempted to establish that Sierra Leonean ECOMOG soldiers based in Liberia had actually facilitated the return of the Liberian RUF fighters to Sierra Leone in 1997, rather than Taylor.  The witness testified that while in Liberia the RUF fighters received orders from Sankoh to join the AFRC soldiers who had overthrown the SLPP government in May 1997.  The witness reported that all RUF fighters then decided to obey the orders and return to Sierra Leone.  The Defense suggested to the witness that Sierra Leonean ECOMOG soldiers in Liberia had assisted the RUF fighters in getting to Gbandiru to join their colleagues in Sierra Leone.  The witness replied that it was Mike Lamin who gave civilians in the Lofa area money and asked them to show the RUF rebels the way back to Buedu.  The witness agreed that Taylor did not assist the Liberian RUF fighters on their way back to Sierra Leone in 1997.

Contact with Previous Prosecution Witnesses in the Taylor Trial

The witness stated that he had heard brief testimonies of previous witnesses in the Taylor trial on the radio through daily reports aired throughout Sierra Leone.  He had heard some testimony of the following: Abu Keita, Zigzag Maazah, and Karmoh Kanneh, who is also known as Eagle.  The witness had not met with Karmoh Kanneh in person after he testified in The Hague, but the two had spoken over the phone regarding unrelated matters.  The witness reported he knew Isaac Mongor, but did not know whether he had testified in this trial.

Inconsistency with Testimony of Previous Witness

The Defense highlighted an inconsistency with the testimony of a previous witness, who had claimed that both Amara Salia Peleto and Major Gweh were present together in Tongo in 1997.  The present witness, however, stated that only Major Gweh was in Tongo in 1997.  According to the witness, in 1997, both the AFRC and the RUF were in control of mining activities in Tongo.  When the RUF gained exclusive control after Issa Sesay became interim leader of the RUF, Peleto was assigned as mining commander to Tongo.  According to the witness, when Major Gweh was assigned to Tongo to mine for Bockarie, Capt. Yamao Kati was the mining commander there.  The witness disagreed with the prior witness that Peleto and Gweh were present in Tongo simultaneously.  In regards to a prior statement of the witness that he was promoted by Sankoh while in Nigeria, the witness explained that Sankoh distributed a list of promotions to Bockarie, who then issued the promotions to various commanders.

Jungle’s Trips to Buedu

The number of times the witness saw Jungle in Buedu was another source of inconsistency.  The witness reiterated that he had only seen Jungle in Buedu twice.  On one occasion he saw Jungle arrive with arms and ammunition for the RUF.  On another occasion he heard about the arms and ammunition, but did not personally see them.  Although another witness had stated that Jungle travelled to Buedu with Sallay Duwor, the witness denied knowing or ever seeing a Sally Duwor.  The witness could not say whether Jungle was based in Buedu with Bockarie when the ULIMO blocked the route between Sierra Leone and Liberia.

Taylor’s Role in the Sierra Leone Peace Process

In an attempt to gauge Taylor’s role in negotiating Sierra Leone’s peace process, the Defense referenced portions of the testimony of former Liberian Vice President Moses Blah, asking the witness his opinions on the statements.  Blah had stated that Taylor closed the border between Liberia and Sierra Leone in order to stop the movement of the RUF and the NPFL fighters between the two countries.  According to the witness, the closure was to gain the attention of the international community and it was still open to combatants from both factions.  It was not closed to pressure the RUF, according to the witness.  The witness agreed that Taylor may have facilitated negotiations between Johnny Paul Koroma and Sankoh in the presence of members of the international community in Liberia and made efforts in facilitating the Lome Peace Agreement, however, he could not independently verify these claims.

Zigzag Maazah

The witness acknowledged he had heard some of Zigzag Maazah’s testimony, during which he had admitted killing Bockarie on Taylor’s orders. The witness acknowledged he now believed Taylor had ordered Bockarie’s murder.  The Defense questioned that the witness had only seen Maazah once in Buedu, when Maazah himself had reportedly made more than 40 trips there.  The witness maintained that, despite Maazah’s many trips, he had only seen him once.

Senegalese

The witness acknowledged that he knew Senegalese and had seen him when they crossed to Bopolo, when they went to Ivory Coast, when they returned to Monrovia, and also in Sierra Leone.  The witness reported that Senegalese was a former ULIMO commander and that the witness had given Senegalese money to travel to Freetown.  Although Senegalese had more association with Bockarie than Mike Lamin, the witness denied seeing Senegalese bring arms and ammunition for the RUF.

Killing of Alleged Kamajors in Kailahun

Bockarie first notified the witness that some civilians had been captured and sent to Kailahun for investigation.  When he arrived there, Gbao told him they were Kamajors and had been executed.  There was some inconsistency by the witness as to who was the MP Commander in Kailahun at that time.  He also retracted a previous statement that Issa Sesay and Tom Sandi were present at the executions.  The witness then acknowledged that he had taken part in the executions, but had been scared to admit that to the Prosecution, for fear of being arrested.

Peace Before Election and Elections Before Peace in 1996

The witness had earlier stated that Sankoh had given orders to Morris Kallon and the RUF fighters to attack Kenema, to kill civilians, and to amputate their arms in order to prevent them from voting.  The witness reported that he had seen five civilian corpses and three civilians with amputated limbs.  The witness reported that he had actually gone on this operation to Kenema, and not merely heard about it second hand.  The witness clarified his position that the orders were directly from Sankoh.  The witness was not present for the amputations, but had seen their effects.  He was adamant that he participated in the operations and had witnessed the murder of five civilians in Kenema.

Johnny Paul Koroma’s Meeting with RUF Commanders in Buedu

The witness stated that Johnny Paul Koroma met with RUF commanders in Buedu and told them that he had parcels of diamonds with him.  CO Sammy, Major Dumbuya, Rambo, who was Johnny Paul Koroma’s Chief Security Officer (CSO), the witness, and Mike Lamin were present at the meeting, but Kallon and Alex Tamba Brima, also known as Gullit, were not.  The witness was unsure whether Ibrahim Bar had been present.  The witness reported that RUF commanders, including Issa Sesay, fired weapons during the meeting in Buedu as a threat to Johnny Paul Koroma and his family because Johnny Paul Koroma had asked that they combine their diamonds to take to Taylor in Liberia for arms and ammunition.  The RUF commanders, however, did not want Johnny Paul Koroma to be involved in contacting Taylor.  Upset by this development, Johnny Paul Koromakept his parcel of diamonds, claiming he must first consult other senior officers.  The RUF commanders believed that he wanted to escape with the diamonds.  The Defense referenced another witness who had said Bockarie did not attend the meeting, but had instructed Kallon and Issa Sesay to take Johnny Paul Koroma’s diamonds.  The witness disagreed, claiming Bockarie was present, while Kallon was not, further adding that Bockarie ordered his bodyguards to disarm Johnny Paul Koroma and his men.  Bockarie and his bodyguards, Shabado and Junior, then removed the diamonds from Johnny Paul Koroma’s room.

The witness also stated that Issa Sesay had raped Johnny Paul Koroma’s wife in Buedu.  The Defense referenced the testimony of another witness concerning an incident between Johnny Paul Koroma’s wife and Rambo, during which Ibrahim Bar was present.  The witness had heard of this incident, but had not witnessed it.

Disagreement with Issa Sesay Regarding the Attack on Guinea

The witness denied that he was accusing Issa Sesay of rape because of a past disagreement between the two over instructions from Taylor to attack Guinea, which the witness did not want to follow.

Operation Spare No Soul

The witness reported that “Operation Spare No Soul” and “Operation Free Foday Sankoh” were one and the same.  The mission would affect the whole country by sending fighters to Kono, Makeni, and Kenema.  The witness went to Kenema with his group, which was successful in taking Bunumbu, Segbwema, Tondolu, Bendu Junction, and Jormu Kafaebu, but unsuccessful in capturing Daru.

Sankoh’s Return to Sierra Leone after the Lome Peace Accord

The witness reported that Mike Lamin, Issa Sesay, and Dauda Fornie, also known as DAF, were sent to Lome on behalf of the RUF.  Following the Lome Peace Accord, Sankoh returned to Freetown through Monrovia, and then continued to Buedu, requesting a contingent of 30 bodyguards, led by CO Vandy, a Black Guard.  Pursuant to the Lome Peace Accord, Sankoh and Mike Lamin became part of the government of national unity.  The witness was based at Sankoh’s house on Spur Road in Freetown, but was in Tongo when Sankoh was arrested in Freetown on May 8, 2000. Those arrested included Akim, Momoh Rogers, and Mike Lamin.

Bockarie’s Resignation from the RUF

Bockarie left the RUF due to a conflict with Sankoh.  Issa Sesay had supported Sankoh in this conflict and had mobilized armed men, including the witness, to advise Bockarie that if he refused to accept advice he would be subject to a military attack.  When Bockarie heard that he was to be attacked he left to avoid fighting against the RUF.  The witness was present when Bockarie announced via radio that he was leaving the RUF and seeking refuge with Taylor in Liberia.  The Defense produced Bockarie’s resignation letter, in which he made no mention of seeking safe haven with Taylor.  According to the witness, the letter had been left in Bockarie’s living room in Buedu, and was not his official communication with the RUF.  The witness reported that Bockarie travelled to Liberia with vehicles, several fighters, and civilians.

Contact with Previous Prosecution Witnesses

The Defense asked whether the witness had spoken with Isaac Mongo anytime this year, to which the witness replied it had been approximately four to five months since they last spoke.  The witness was now aware Mongo had testified in the Taylor case, but had not been at the time of their conversation.  During the conversation, the witness sympathized with Mongo about his arrest and detention at Pademba Road Prison.  The witness also learned from Mongo that the former President Kabbah had granted clemency to all accused persons arrested with Mongo.

The witness has fairly frequent telephone conversations with Karmoh Kanneh and had spoken to him since he delivered his testimony in The Hague.  The witness denied asking Kanneh anything in regards to the trial or telling Kanneh that he was also testifying against Taylor.

Monetary Payments to the Witness

The Defense questioned the Le. 3,712,000 that had been given to the witness by the Witness and Victims Services (WVS) since March 2005.  While the witness reported he was unsure of the exact amount he had received, the Defense claimed it was more than Le. 500,000 for transportation, Le. 556,000 for medical expenses, Le. 1,600,000 for accommodations, and Le. 1, 200,000 for miscellaneous expenses.  The combined amount received by the witness had exceeded Le. 7, 800,000.  In his job as a mason, the witness earned Le. 350,000 per month, which amounted to Le. 4, 200, 000 per year.  The witness noted that his WVS compensation should actually be compared to three years’ salary, to account for the entire period he has been cooperating with the Court.  The Defense agreed that three years’ salary would be greater than what the witness had received from the Court.

Re-examination of the Witness

The witness had disagreed with Issa Sesay in regards to his refusal to open fire at Guinean soldiers while they were in Kailahun.  Based upon reports that Guinean soldiers had fired shots towards Kailahun, a group travelled to the Sierra Leonean/Guinean border in Kailahun to find that the Guineans were benignly firing shots while attempting to build a hut.  The group reported back to Bockarie and Issa Sesay.  One of Issa Sesay’s bodyguards had misinformed him that the Guineans were trying to attack RUF positions in Kailahun, causing Issa Sesay to instruct them to stop the Guineans.  Upon their return they found the Guineas with no intent of attacking the RUF.  The witness and several others refused to follow the command to open fire and instead left for a village called Baidu.  Meanwhile, Ishiaka and a few other soldiers opened fire at the rebels, killing three and wounding others.  The witness denied Ishiaka’s request for reinforcements.  The witness maintained that Issa Sesay had betrayed the RUF by stealing RUF diamonds, which prompted Ishiaka to open fire and kill an SLA soldier who was now with the RUF.  The witness had wanted to retaliate and kill Ishiaka, but was restrained.  Ishiaka reported to Issa Sesay that the witness was spreading the word among the fighters that Issa Sesay had betrayed the RUF.  Issa Sesay sent for the witness, with plans to kill him, but the witness escaped.

When Bockarie left Buedu for Liberia, the witness had been with Issa Sesay’s RUF and SLA fighters that had mobilized to attack Bockarie.  Bockarie had left for Liberia when they arrived.

The RUF fighters who had been in Liberia for some time were part of the group that went to Liberia in 1991, some of whom had refused to return to Sierra Leone.  They remained in Liberia as part of the NPFL until they were disarmed in 1997.  The witness explained that the RUF fighters that left Liberia in 1997 after the AFRC coup had intended to return to their fellow RUF fighters in Sierra Leone.  The witness also noted that many civilians took Refugee ID Cards, but the RUF rebels did not have ID Cards.

The witness reported he first saw Jungle in Kenema, Sierra Leone when he went to visit Bockarie. The witness knew Senegalese, and claimed he received this name because he was very tall, which was a prominent feature of people from Senegal.

The witness explained he was initially untruthful regarding the year he joined the RUF because there had been rumors that those who had joined the RUF in 1991 who had risen to the position of Colonel would be indicted.  To save himself from this fate, the witness refused to tell investigators that he joined in 1991 or that he rose to the position of Lt. Colonel.

Looking at a map of Liberia, the witness agreed the Grand Cape Mount Region in Liberia bordered Pujehun in Sierra Leone, while the Lofa County Region bordered Kailahun.  The witness agreed the ULIMO gained control of the Grand Cape Mount from the end of 1992 to 1993 and fought in Lofa County at the end of 1992 until 1993, taking control in 1993 and 1994.

Judges’ Questions

In response to Judge Doherty’s question, the witness acknowledged he was present in Kenema in 1996 and had taken part in implementing Sankoh’s orders to kill and amputate civilians to prevent them from voting.

Witness TF1-358

On November 19, the Prosecution called their 83rd witness, Witness TF1-358, a medical practitioner who testified using voice and facial distortion.  He testified regarding the nature of injuries suffered during the conflict in Sierra Leone, particularly during the rebel attacks on Freetown.  He spoke extensively on injuries caused by firearms and blunt force, on sexual violence, and the emotional and long term effects of sexual violence. Much of the testimony was delivered in private session so as not to disclose his identity.  During open session, the witness spoke of the institution he ran which offered medical attention and counseling services in Freetown during the rebel attacks.  He also described the overall chaotic and overcrowded medical situation in Freetown after the overthrow of President Kabbah in May 1997.

The witness received patients from many regions of Sierra Leone, specifically Makeni, Koidu, Kenema, and Daru.  He spoke of chronic amputations and badly infected wounds.  He described a condition by which the sub tissue around the bone contracts to expose the bone, causing the bone to become badly infected.  Many of his patients identified their perpetrators as rebels.  The witness spoke of civilians who were injured when their homes were set on fire by rebel forces. Others had wounds caused by blunt instruments, which had caused their tissues to go into spasms.  The witness also spoke of the generosity of Sierra Leonean civilians who carried injured victims in trolleys and supplied him with beds for his clinic.

The witness saw rebel activity in 1999 that targeted specific groups in the capital, such as members of the judiciary and Nigerian nationals living in Sierra Leone.  Nigerians were targeted because they constituted a huge component of the ECOMOG forces.  The witness also identified photographs, distinguishing between those that he took and those that were taken by others.

The following images were captured by the witness: a makeshift shed with dying patients, Institution No. 1, which had been destroyed by fire, a bilaterally amputated patient, young children who were fire-burn victims of rebel atrocities, victims of the January 1999 invasion of Freetown upon whom the witness had operated, a 12 year old boy who was thrown into a fire by rebel forces, a young boy who was amputated by rebels in the north of Sierra Leone, and a young farmer who was amputated by rebel forces in the north of Sierra Leone.

Other pictures included images of rebels who were caught and were dealt with by civilians in 1999, public buildings which were destroyed during the January 1999 invasion of Freetown, dead bodies of civilians in front of the Cannaught Hospital, a woman who had been gang raped and had her eyes plucked out, and the injured being carried and pushed in carts.  One picture showed an eight-month old baby whose hand had been amputated.  Another baby who had been found lying in dried blood arrived with his right eye permanently opened due to injury.

In his entire career, the witness had not seen an influx of patients with such gruesome medical conditions as he did in Sierra Leone. Nor has he been confronted with such injuries since.

Cross Examination

The witness reported he first made a statement to the Office of the Prosecution (OTP) in 2004.  He was unsure whether the Prosecution investigators made an index of the photographs, but he was certain they noted what he told them about the photos.  The Defense then discussed a photograph of victims from the northern part of Sierra Leone, whom the witness claimed were amputated in early 1998.  The Defense asked whether it was possible the injuries occurred in late 1997 and the witness agreed that was possible.  The witness reported that during the first three weeks of the January invasion of Freetown, there were many cases, but as time went on the cases reduced and he had more time to take photos for his records. The Defense asked the witness whether because of mind tricks, it is possible he now envisioned more dead bodies in his mind than he actually saw ten years ago.  The witness denied that his mind could be playing tricks on him.

Christmas Visit to the Amputee Camp

The witness had earlier reported that he visited the amputee camp with gifts for his patients in 1998, but the Defense questioned whether it was actually in 1999.  The witness stated that it could not have been 1999 because there were a completely different set of circumstances in 1998 and 1999.  Although some pictures were dated 1999, the witness believed that this could have been in error.  Referencing a photo of an eight-month old and a man, the Defense questioned whether it was actually the man who was the patient instead of the toddler, but the witness disagreed.

Meetings with the Prosecution

The Defense asked the witness about various meetings he has had with the OTP, specifically about their last meeting.  The witness acknowledged the meeting but said he could not recall if notes were taken because he was so tired from his flight to The Hague.  In the most recent meeting he had made some clarifications to dates and other issues in prior statements, but had offered no new information.  The Defense asked that he repeat the things that he clarified or amplified during the meeting but the witness could not remember the specifics.

Having determined the witness did not have a copy of his statement made to the Prosecution, the Defense offered to provide copies for reference by the witness.  The Defense then referenced the statement made by the witness to Prosecution investigators on April 22, 2004.  The witness could not recall the names of the investigators, nor whether he had made any statements prior to this date.  Certain portions of the statement, however, suggested the witness had made such a prior statement.  The witness explained that sometime in 2004 Special Court officials approached him at his hospital and asked for medical records of patients he had treated during the conflict since 1997.  The witness handed over what was in his possession, mainly the photos that he had already identified in court, but not medical records.  The witness agreed that written medical records would have been the best form of record-keeping on patients treated within this period.

In his April 22, 2004 statement the witness said that he had already given medical records to the Special Court, and furthermore that the Court officials should have photocopies of said records.  The records were likely returned to the witness, but he claimed he must have misplaced them when moving from Institution 2 to Institution 3.  He again said that he did not give the records to the OTP, but rather to a lady from the Special Court, without determining whether she was from the Prosecution.  The woman identified herself as an official of the Special Court and had sufficient documentation on behalf of the Special Court investigative branch such that he was willing to give her the records.

The witness stated that his patients told him some of their attackers had Liberian accents, but the witness had not said so in his 2004 statement.  The witness claims this was because he was not asked then, to which the Defense replied he had not been asked now either.  The witness could not recall when exactly he learned he would testify against Taylor.  He confirmed that trials were already taking place at the Special Court when he was interviewed, but he was not told against whom he would testify.  The witness reported that while he was giving a statement he was told he would be an expert witness and it was later confirmed it was for the Taylor trial.

Presence of Liberians Among Rebel Forces

The Defense questioned whether the witness had said in 2004 that his patients spoke of assailants with Liberian accents.  Even in his 2007 corrections to his 2004 statement the witness had not mentioned the Liberian accents.  The witness responded that during those interviews, no questions were asked related to that issue.  However, the Defense again pointed out that more recently he volunteered the information without having been asked.  The witness did not have a good explanation for why he now volunteered the information.  The Defense suggested he was making this statement because he was put up to it by the Prosecution, but the witness disagreed.

2007 Interview Notes

Witness interview notes from 2007 stated that he had gone to Cannaught Hospital on a daily basis, but the witness now claimed he was misquoted.  Additionally, he had not mentioned in his earlier statement that he saw groups of rebels with Liberian accents.  The witness claimed that he had told this to investigators, but it had not been recorded.  Alternatively, he may have omitted minor details since he could not remember everything at the time he was interviewed.  The witness reported that at the time of his interview in 2007 he was told he would be an expert witness at the trials before the Special Court but he did not know against whom he would testify; it was only last year that he learned it would be Taylor.  The Defense suggested he actually knew in 2007 that he would be testifying against Taylor, to which the witness disagreed.  The Defense asked why the witness had not made amendments to his statements before signing the declaration.  The witness claimed he had probably made an oversight in his review of the statement.  Records that accompanied the photos stated that an amputated adult male was the actual patient of the witness, rather than the amputated toddler also pictured.  This contradicted the oral testimony of the witness and he responded that such records were incorrect and some of the indexes to the photos were wrongly recorded.

Clarification Interviews of August 18 and 19, 2008

The witness was involved in clarification interviews on August 18th and 19th and was given the written statements of his interviews to read, but he had only scanned them quickly.  The witness acknowledged that he did not take the declaration very seriously.

Mention of Liberian Involvement

The Defense asked the witness whether he knew he would be testifying against Taylor when he mentioned the involvement of Liberian forces among the rebels.  The witness replied he was only amplifying what he had previously testified.  The witness acknowledged that he had seen clips of the Taylor trial on the television several times, but had not paid close attention.  He was even reportedly too busy to listen to the BBC’s Focus on Africa.  The witness explained that he probably had not mentioned the Liberian involvement previously because the focus had been on the patients he treated and not on the Liberian involvement.

Description of Rebels and Gun Shots

The witness acknowledged a minority of his patients referred to their attackers as soldiers during the Junta period in 1997.  In prior statements, the witness referred to rebels as insurgents and members of the RUF, but more recently he said rebels were members of the RUF and the NPFL.  To the best of his knowledge, the witness believed the NPFL was still in existence in 1997.  The witness described the situation in Liberia in 1997 as a period of civil war.  The witness reported that some patients told him they were injured by ECOMOG shells, but he had doubts.

January 1999 Attacks on Freetown

Sometime in late 1998, the international medical NGO stopped bringing patients from up country and told him to stop stock piling since rebels were planning to enter Freetown.  When the rebels eventually entered the capital on January 6, 1999, he received a phone call and later heard shots, saw smoke, and saw advancing rebels in black attire, but none in military fatigue.  The Defense then asked the witness whether he had said that from 1991 to 1996 he had only cared for soldiers, and the witness replied that he was misquoted because he had also cared for civilians.  It was an oversight to not correct this part of his statement when he made clarifications.

Recent Meeting with Special Court Staff

The witness recently had a clarification session with SCSL staff in Sierra Leone.  The Defense questioned why the witness had not corrected the portions of his statement that were misquoted at that time since.  By now he would have been aware of the misquoted portions.

Medical Treatment for Kamajors

The witness treated thirteen Kamajors on January 8, 1999 for burn injuries.  He clarified his earlier statement that Hinga Norman had come with the Kamajors, when in reality he had only sent a note.

Qualifications as a Psychiatrist

The Defense sought to establish the qualifications of the witness as a psychiatrist since he was the one who provided counseling to victims in his Institution prior to staffing an actual psychiatrist.  The witness reported some experience during his medical training and internship.  The Defense acknowledged the witness had experience in handling cases in which there was an emotional impact from injury or sexual assault, but the experience did not rise to the level of expertise.  The witness noted that it would be physically impossible for the single psychiatrist in Sierra Leone to treat all the patients of the country.  At one point the witness had to bring a reverend to the Institution to work as counselor to victims because there were so many acute patients in need of assistance.  The Defense asked the witness how he was able to diagnose Post Traumatic Stress Disorder (PTSD).  The witness responded that he made an assessment of the patient’s experiences and then evaluated the signs and symptoms.  The witness was unaware of standardized international measures of psychiatric conditions or a Standard International Manual.

Knowledge of Drugs

The witness reported three years’ experience in a combination of pharmacology and therapeutics.  The Defense asked the witness to state the poppy clan group of drugs and the witness mentioned morphine and cocaine, among others.  The witness named both cocaine and heroin as hallucinogenic drugs and claimed their effects were similar.  The witness then claimed both could be sedatives or stimulants depending on the dosage.  The Defense insisted that cocaine is a stimulant while heroin is a sedative and that they are different.  The witness maintained that they both sedate and stimulate and the withdrawal symptoms are the same for both.  The Defense asserted that the witness was completely incorrect.  The Defense presented a copy of the Drug Abuse Research by the National Institute of Health in the USA in support of his assertions, but the witness maintained his position.

Qualifications as a Psychiatrist

The Defense suggested the witness was not actually an expert in psychiatric and traumatic injury, but rather only an expert in general practice medicine, to which the witness disagreed.  In reviewing a US State Department Document which lists the Number of Medical Services in Sierra Leone as prepared by the US Embassy in Sierra Leone, the Defense noted that the witness was not listed as a specialist in psychiatry, radiology, HIV/AIDs consulting, surgery, or cardiology.  The witness did appear as one of only four General Practitioners in Sierra Leone.  The witness continued to maintain that he also has expertise in areas such as internal medicine and psychiatry.  The Court then moved into private session for a time.

Before concluding cross examination of the witness, the Defense clarified several points.  The witness left the country in June 1997 during the ARFC reign in Sierra Leone, but his Institution continued to operate in his absence until August 1997.  The international medical NGO with which he worked left Sierra Leone in December 1997.  The witness did not treat patients injured by Alpha Jet bombings until January 6, 1999.

Witness FT1-579 (Recalled for Cross Examination)

Witness FT1-579 returned to the stand for cross examination on November 24.  He was 17 or 18 when the war in Liberia began, at which point he travelled to Ivory Coast with his family.

Witness Assignments

The witness joined the NPFL voluntarily and was trained for three months before being sent to the front line.  He only heard of Camp Nama after leaving his own training base and travelling to Bomie Hills in 1990.  He had heard that there was a group of Liberian fighters being trained there who were on stand-by to attack Sierra Leone.  The witness acknowledged that he became a bodyguard to a senior soldier in the NPFL after his training.  Following his time at Bomi Hills he spent five years in Gbarngha, working on Taylor’s Mansion ground.  After the 1997 elections the witness was reassigned as a bodyguard to Taylor’s motorcade in Monrovia.

The witness had reported that he began his training as an NPFL fighter some time in early 1990.  The Defense was interested in the exact start date because his reported training camp was not opened until July 1990.  Following his training, the witness reported he was assigned to Buchanan as a bodyguard to Oliver Vanny.  After working with Buchanan, he moved to Bomi Hills and fought against the AFL and Prince Johnson’s NPFL.  At Bomi Hills the witness first met Sankoh.  He had encounters with both Sankoh and Taylor at Gbarngha.  Following his time in Bomi Hills the witness moved with Oliver Vanny to Maryland for approximately two months and then returned to Bomi Hills.  The Defense countered that Vanny was never assigned to Maryland and had actually remained at Bomi Hills, to which the witness disagreed.  The Defense suggested that Oliver Vanny deserted Bomi Hills and it was over-run by the ULIMO fighters, which is why Oliver Vanny was executed.  The witness again disagreed with this allegation.  Following Oliver Vanny’s execution, the witness went into hiding for two weeks.  The Defense suggested this amounted to a period of AWOL, but the witness disagreed.

Black Gadafa

The Defense asked whether the witness had heard of a group called Black Gadafa, a supposedly anti-Taylor group.  The witness had never seen any members, but had heard of the group.

Execution of Oliver Vanny and Other NPFL Commanders

The witness reported that Oliver Vanny was not tried before a Court Marshall prior to his execution, to which the Defense disagreed, claiming he was in fact tried before a Court Marshall.  The witness reported that a man named De Gbon was also executed with Vanny.  Others, including One Man One, Anthony Menkunabe, and Sam Lato were also arrested and executed, according to the Defense.  The Defense suggested they were executed for their role in forming the Black Gadafa, but the witness disagreed.  The witness also reported that Cascious Jacobs was also executed without trial on the orders of Taylor.  The Defense suggested that the Prosecution was portraying Taylor as a terrorist who killed his own fighters without trial.

Assignment as Bodyguard to Taylor

The witness became a guard at the executive mansion in Gbarngha in 1993.  Following Taylor’s 1997 election to the presidency, he completed SSS training and moved to Monrovia, assigned as a guard on Taylor’s motorcade.  At times he was involved in close protection of Taylor.  The witness described the roles played by the various guards who surrounded Taylor in a picture exhibited by the Defense.  The Defense questioned whether the witness actually played the role in guarding Taylor that he claimed, given that he was less than six feet tall.  The witness insisted that guards need not be six feet tall.  The Defense had over fifty photographs of Taylor surrounded by guards, none of whom was the witness.  The witness insisted that he underwent VIP training to be a close protection guard and that he was given a certificate and identity card.  He received a salary of $250 as a member of the SSS.  He did, however, agree that close protection guards regularly earned a salary of $400.  He then retracted, stating that he was not actually assigned as a close protection guard, which explained his lower salary.  On occasions he was asked to perform that role.  The witness agreed that he was never in the same room as Taylor but that they spoke on numerous occasions, but never regarding diamonds from Sierra Leone.

Disarmament in Liberia

The witness reported that he was in Monrovia when the disarmament began, although he could not remember exactly when the process began.  The Defense suggested it was in 1996.  The witness also could not say exactly when the process ended, but he knew it was a continuous process through Taylor’s election.  He reported that disarmament continued as Moses Blah succeeded Taylor as President, reporting that ULIMO and NPFL fighters were all disarmed.

Trips to Sierra Leone

The witness reported that he twice transported ammunition for the RUF to Bockarie in Sierra Leone.  He placed the first trip in 1996 and the second one once Taylor had been elected.  The witness clarified an earlier statement, claiming that he had only brought ammunition, not arms.  The Defense asked why he had not previously corrected this mistake and then suggested he was now making up a story because he had been caught lying.

The earlier statement of the witness placed the second trip to Buedu at the end of 1999, which actually coincided with Bockarie’s resignation and departure to Liberia.  The witness responded that he told the Court he made the trip when Bockarie was getting ready to leave Buedu for Liberia.  The statement also reported the witness made a third trip two weeks after the second.  The witness added that this trip was also made before Bockarie left Buedu for Liberia, which occurred two weeks later.  He then placed the first two trips in 1998 and the third trip in 1999.  The Defense suggested the witness was lying about all three trips.  The witness maintained his position, offering details of the trips.  The Defense then quoted another part of the statement which placed all three trips in 1998.  The witness replied that this was mistaken because the first two were in 1998, while the third was in 1999.  The witness insisted he was being truthful and he even presented a photo taken on one of the trips.  The Defense mentioned a discrepancy between whether one or two vehicles were used on the trips.  The witness clarified that there were two, which travelled separately.  The witness reported that the third trip transported clothing rather than arms or ammunition.

The Defense continued to pinpoint discrepancies and questioned the failure of the witness in correcting them.  Previously the witness stated that his first trip was in 1999 and that Taylor had given instructions to Yeaten rather than Jungle for the transportation of arms and ammunition.  Furthermore, he had stated that he first met Bockarie when he delivered materials to him in Buedu.  The witness now stated that he had made his first trip in 1998 and had actually met Bockarie at a YMCA in Liberia.  The Defense suggested if the witness were being truthful his dates would not be changing.  The witness claimed that sometimes he can remember months and not years, or vice versa.  The Defense continued to suggest these stories were lies.

Trips Made to Buedu and Money Given by Bockarie

The witness said that during one of those trips, Bockarie gave Jungle and Samson $2,000 as a token.  On another trip, Bockarie gave Maazah and Jungle $3,000.  The Defense suggested that the trip with ammunition to Buedu was a private enterprise, which is why there was an exchange of money.  The witness disagreed.   According to the witness, all instruction was taken from Taylor and no one left Monrovia without Taylor’s instructions.

The witness was present with Maazah and Samson when Yeaten took them to Taylor’s residence at White Flower and ordered that arms and ammunition be loaded for transportation to the RUF in Buedu.  On each occasion when materials were taken to Buedu, Bockarie would give money, not as payment, but as a token.  The witness claimed that Jungle was the chief liaison between the RUF and Taylor’s government.  Although Bockarie was involved in the diamond and timber business, the witness denied that Jungle served as Bockarie’s business agent.

The witness reported that they did not wear uniforms when travelling to Buedu so that they would not be recognized as agents of the Liberian government.  The Defense disagreed and produced a picture of uniformed men who reportedly were transporting materials to Buedu.  The witness again insisted that he made two trips in 1998 and a third trip in 1999, after which Bockarie departed Buedu for Liberia.  The Defense reminded the witness that in May 2007 he had given a completely different account from the one he was now offering.  The Defense asked why he had not made corrections on October 11, 2007 or October 30, 2008.  The Defense told the witness that the first time he spoke to the Prosecution, he said he made two trips, both at the end of 1999, then a month later, he made another statement saying the two trips were made at the end of 1999, but that now he is saying that there were three trips, with two in 1998 and one in 1999.  The witness replied that his most recent account was correct.

Re-Examination of the Witness

The witness had testified that when Bockarie was killed he went into hiding.  He now stated that Yeaten later asked him what he would have done if he had been ordered to kill Bockarie.  He responded that he would have obeyed the order.  Yeaten then ordered him to arrest Bockarie’s Sierra Leonean bodyguards.  Acting on that order, the witness arrested two of the bodyguards.

The Prosecution then showed the photo of Taylor surrounded by bodyguards that had been used in the cross examination.  The witness identified several individuals including Yeaten and discussed their heights.  The witness reported the SSS originally used black uniforms when Taylor first became president but later the SSS switched to a navy blue uniform.

The witness reported that Jungle, as the chief liaison between the RUF and Taylor’s government, took orders from Taylor and Yeaten.  The witness listed those who were executed on Taylor’s orders, including Isaac Baye, Alloscious Mending, Cascious Jacobs, Joe F. Doe, Jackson Doe, Ojuku Larry, and Samuel Doki.

By stating that the RUF and the government were one the witness had meant that the RUF and Taylor’s government were the same because RUF commanders had free passage to Monrovia, while the NPFL fighters had the same access to RUF territories.  Additionally, ammunition was transported from Monrovia to Sierra Leone for the RUF.

Judges’ Questions

Justice Lussick asked the witness about his visit with Mr. Gray in the Defense office, which had been made on Mr. Gray’s request.  The witness had gone to hear what Mr. Gray had to say, but he reiterated his position to Mr. Gray that he was not testifying for the Defense.  The most recent time Mr. Gray asked to meet with the witness he refused.