Cross-examination of witness TF1-584 continues

 

 

 Judge: If there are no other matters I will remind the witness of her oath.  You may proceed, Mr Anyah.

Def: The allegation is that Martin Moinama and Foday Sankoh were at Pademba Road at the same time.

Wit: I do not know if they were there at the same time.

Def: Do you know Black Jesus, also known as [missing text]?

Wit: I know him but I didn’t know he was also known as [missing text]

Def: Isn’t it true that he was at Pademba road?

Wit: I don’t know.

Def: How do you know him if you did not know he was at Pademba road.

Wit: I did not know he was at Pademba road

Def: Were you at Yams Farm at the time of the January 6th invasion.

Wit: I was in Lunsar. But I went to Yams Farm. I heard that Martin Moinama was killed because of the testimony he gave against Sankoh? But the person who told me also told me that it was Bockarie who ordered his killing.

Def: So they released him from Pademba road prison and if this rumour you heard was correct, he was killed.

Wit: Yes, according to what the person told me.

Def: This is what you told the investigation about Moinama: “Also known as the cat, and he is late, the witness believes that he was killed before the intervention. During the Freetown invasion the witness did not hear any message about a cat”. Why do they have you saying that Martin Moinama was killed before the invasion.

Wit: The question was whether I knew Martin Moinama and I knew him and they asked me when he got missing and that was at the time when the ECOMOG took over Freetown and his wife stayed with us and told us that Issa had arrested her husband and she was sure he was killed. I did not get any message about Martin Moinama, that he was taken to Pademba road or what. I learned from his wife that he had died, but she had not seen him after that time.

Def: You are now telling us that Martin Moinama stayed with you.

Wit: Yes

Def: And she told you what happened to your husband.

Wit: Yes

Def: In your answer you just gave in court you said “they asked me when did I know that he was missing and I knew when he got missing and that was at the time the ECOMOG took over Freetown

 

 

etc. as above”

this is what you just said in court, yes?

Wit: Yes

Def: When the ECOMOG took over Freetown you are referring to the intervention of February 1998?

Wit: Yes

Def: When Martin Moinama’s wife was staying with you she told you her husband was killed?

Wit: Yes

Def: So why are you telling us that during the January 1999 invasion of Freetown, Moinama was one of the people arrested by invading forces?

Wit: Well when people came back that it when I learned that Martin Moinama was killed, but I never got a radio message about his death from any other person.

Def: Martin Moinama went to Abidjan with Foday Sankoh, yes?

Wit: Yes

Def: At this time you were at Kangari Hills?

Wit: Yes, I was at Kangari Hills around Black Water

Def: You moved to Black Water?

Wit: Yes

Def: And you spoke of a distinction between two Black Waters: the first one where you were at before the ECOMOG attack

 

 

(Prosecution intervenes to object but Judge asks Defense to continue)

 

 

and you told us of an attack on your location in the vicinity of Black Water at the time of the signing of the peace accord in Abidjan, an attack by the Kamajors

before that, had your group been attacked by ECOMOG jets?

Wit: I do not know whether there were ECOMOG jets, but I knew there were South Africans.

Def: Well that was Executive Outcomes which you have told the court about before, but I am asking you whether or not your group before 30 November 1996 were attacked by ECOMOG jets.

Wit: I am still accepting the attack but I did not know whether they were ECOMOG because I did not see anything written on them but I knew we were attacked by South Africans.

Def: Were you attacked by South Africans or did you attack them and suffer a defeat.

Wit: I stated that we first attacked the South Africans at Natutuka, then the South Africans came to our base.

Def: Are you finished?

Wit: Yes

Judge: Council also asked you if you were beaten by the South Africans, didn’t he? So it goes further than the South

 

 

 

missing text

Def: You set up a radio conference of sorts for the following day between Foday Sankoh and the then president of Sierra Leone, yes?

Wit: Yes

Def: It took 24 hours for you to get the President on the radio to speak with Sankoh?

Wit: Yes

Def: Did you hear him speak with Sankoh?

Wit: Yes

Def: And what did they talk about?

Wit: Like I said, they talked about the war, how the fighting was going on, and they as brothers in Sierra Leone were fighting against each other, they should stop the fighting and make peace in Sierra Leone because it was a Sierra Leonean problem, they should not go outside to talk peace.

Def: Did RUF maintain that ceasefire agreement?

Wit: Yes

Def: And that office there were elections electing President Kabbah into office?

Wit: Yes

Def: But you mention something called “Operation Stop Election”?

Wit: Yes

Def: Who was that ordered by Madam witness?

Wit: It was a message that came from the Zogoda station where CO Mohamed was, it came from Foday Sankoh to the stations that were on the frontlines.

Def: So you say the people wanted elections before peace? How do you know what the population wanted at that time.

Wit: We heard the message on the radio and we heard from towns that were not in RUF control, that civilians together with the SLPP, wanted elections before peace.

Def: But the election went ahead as planned, right?

Wit: I can’t say “as planned” but I knew the election went on.

Def: And Kabbah was elected?

Wit: Yes

Def: Shortly after the election Foday Sankoh signed the peace agreement on 30 November 1996?

Wit: Yes

Def: And he moved with a delegation to Ivory Coast?

Wit: Yes, I cannot remember the month but he went with a delegation.

Def: It was several months before 30 November 1996, do you remember the months?

Wit: I cannot remember the exact months.

Def: But Sankoh was not in Sierra Leone when the elections took place?

Wit: Yes

Def: So there he was when he was in Abidjan walking to a peace accord but you are here telling us that he was there ordering the stopping of the elections.

Wit: Like I said, the message said from Zogoda, but I cannot say that I monitored him sending the message, it came from CO Mohamed.

Def: November 30th 1996, the Kamajors attack your location at Black Water and you and your RUF members were on the run for several months?

Wit: Yes

Def: In fact as late as the AFRC coup the 1st of May 1997, you did not have a radio during that period of time when you were on the run, right?

Wit: We had a radio but we were not switching it on.

Def: It was not working, true?

Wit: Yes, but it was not just at the beginning, there came a time when we lost some things, which made it that we were not switching on the radio just like that.

Def: I am trying to understand whether you had a radio between November 1996 and January.

Wit: We had a radio when the Kamajors attacked but as we ran away we lost things which caused us to not continue turning on the set.

Def: But this is 1996 and the fact remains that everywhere the western area was scattered, the Kamajors attacked and you were on the run and you heard about the AFRC coup on a transistor radio.

Wit: Like I said, I was on the run, trying to come back from the base, and it had been announced that the RFRC were taking over. That was my statement.

Def: Reads out statement from witness about invasion by Kamajors at Black Water.

Wit: I responded that was what I told them and I strictly said that I met people jubilating. According to their statement they said they heard the news from the media, that the AFRC had taken over and they were calling the RUF. That is what I said.

Def: Well this is 1996, you first learned to use a radio for communication purposes on the behalf of the RUF in late 1993 while you were in Ngiema.

Wit: I left Tedu in 1993 on Christmas Day to go to Ngiema and that was when I started radio training.

Def: When you left Tedu, did you arrive in Ngiema the same day?

Wit: No

Def: You were in Ngiema in January 1994?

Wit: Yes

Def: So is it fair to say that from the day of your capture in 1991 (1st November) until January 1994, you did not operate a radio for communication purposes on behalf of the RUF?

Wit: No

Def: Did you or did you not operate a radio during that close to 3 year period?

Wit: No, I did not operate a radio

Def: In 1994, you received training at Ngiema, at the hands of Foday Lansana?

Wit: Yes

Def: And you became a full-fledge radio operator only at the time you went to Kangari Hills?

Wit: Yes

Def: And you were there through 1996?

Wit: No

Def: What year did you leave Kangari Hills?

Wit: 1995

Def: And then comes the date 30 November 1996, and you and your group scatter again?

Wit: Yes

Def: And in between your stay at Kangari Hills and the time you went to Black Water, you had a baby?

Wit: Yes

Def: And at that time you were not functioning fully, as a radio operator?

Wit: Yes

Def: Yes means you were part-time in the context of radio operations?

Wit: I was operating if I say part-time, it could be that it was from my house where the set was, and that was where the operators went. I was to sit on the radio for the rest of the day, I was not doing it that way but I was still operating.

Def: During the time of the junta period, that’s May 1997, you were in Ngyaya?

Wit: Yes

Def: And who were you reporting to in Ngaya at that time?

Wit: From Foday Lansana, my own commander from the north, Col. Isaac, he was heading us from the north, I was at the LSAs station, it was only when I received a message that was related or meant to be sent to us

 

 

I was not making any special report to send to any commander at that time.

Def: Your role was limited to what you would call just monitoring?

Wit: Yes

Def: And that was the period of time you said you would go into the radio stations where the SLA radio operators were?

Wit: Yes

Def: Where did you go to after Ngaya?

Wit: I went to Kabbalah and to Makeni.

Def: After Makeni, what is Kayima or Kabbalah

 

and all of you were headed for Kono?

Wit: Yes

Def: And you recaptured Koidu from the Kamajors?

Wit: Yes

Def: And then from then you all when to Kailahun?

Wit: No

Def: Did you stay in Koidu?

Wit: Yes, I was in Koidu

Def: At that time you did not have a radio?

Wit: There was a radio but like I said I was not sitting on the radio set for the rest of the day, sometimes I would only go there once and come out.

Def: Did you tell the prosecution that at this particular time in Koidu that you did not have a radio set?

Wit: Koidu or Koindu?

Def: I have it here as Koidu

Wit: I hadn’t a radio set at my house but we had a radio

Def: So why did you tell the prosecution that you did not have a radio at that time?

Wit: But the movement had a radio but I hadn’t a set at that time.

Def: Reads out a paragraph from a statement the witness had previously made stating that she did not have a radio

 

 

.”are you saying that you personally did not have a radio set?”

Wit: Yes

Def: But you are suggesting to you that the movement, or the RUF, did have radio sets that you could use. Is that your evidence?

Wit: Yes

Def: And it was about that time that you went to PC Ground.

Wit: Yes, when the ECOMOG advanced

Def: You said that it was known, when you were at PC Ground, that Issa Sesay had lost some diamonds when he was in Liberia?

Wit: Yes

Def: Do you know when it is that Sesay was in Liberia?

Wit: I can’t recall the exact date or the time he went to Liberia, they did not send any special message to myself, I only knew about the diamonds when they got missing, before they did not send a message to us that the diamonds got missing, it was because of the grumbling that was going around that they finally sent a message to commanders to meet to discuss this issue.

Def: I am trying to find out if you know exactly when Issa Sesay was in Liberia, is your answer that you don’t know?

Wit: I do not know when he was there.

Def: All you heard was rumour?

Wit: Yes

Def: You never saw any diamonds yourself of course?

Wit: Those that Issa Sesay took along, I did not see them.

Def: You heard of diamonds being put aside in a hotel room?

Wit: Yes

Def: You do not know if any diamonds were taken to Charles Taylor?

Wit: I don’t know of that.

Def: And you weren’t at the meeting when this issue of the diamonds missing was discussed, which Bockarie convened for all the commanders?

Wit: Yes

Def: Yes means you weren’t at the meeting?

Wit: I was not there at all

Def: You were also not there when Bockarie received, or is said to have received messages from Liberian stations?

Wit: I don’t know of a message he received from a Liberian station because I was not with him in Boidu, I only know of the call referred to Liberia from Bockarie but I don’t know of a direct message, whether they were sending on our own net.

Def: All you know is what you heard on the radio, is that your evidence?

Wit: I knew not only what I heard on the radio, except if it pertains to discussions, if it was not on the radio or satellite phone I never

 

 

I used to heard when the Liberian station was calling Mosquito station to get on the satellite phone.

Def: And you do not know whether Bockarie got on the satellite phone and call Liberia.

Wit: I know that he used to go there

Def: How do you know this?

Wit: From his radio operators.

Def: Who were they?

Wit: Sebatu, Z-man, Major Seleh

Def: You don’t know who was the source who was calling Bockarie from Liberia?

Wit: The person used to say Bockarie should get on the 2-1 to speak to his father. Unless somebody tells me he is on the satellite, this person will not name names.

Def: You never heard any conversations between Charles Taylor and Sam Bockarie?

Wit: I did not hear it.

Def: Distributes evidence around the court. Asks: “have you ever heard the name, Zig Zag Masa”?

Wit: I heard it.

Def: In what context have you heard the name before?

Wit: I used to hear that he used to come to Boidu but I did not see him and I did not know him in person.

Def: Now when you met with the prosecution last October you were asked to identify people in photos they showed you?

Wit: Yes

Def: Did you show her the photograph (reads out ERN number)? Do you recall being shown this photograph last October by the office of the prosecutor?

Wit: Yes

Def: And do you see your signature on the photograph?

Wit: Yes

Def: And you see the date?

Wit: Yes

Def: And you see at the very top of the photograph that somebody wrote in pen “Superman”?

Wit: Yes

Def: The next photograph that ends in (gives ERN number). Do you also recall being shown this photograph?

Wit: Yes

Def: Have you ever seen Bockarie before?

Wit: Yes

Def: Do you see anybody in the photograph with sunglasses and a radio in his hands?

Wit: Yes

Def: Is that Bockarie?

Wit: From the way the person it, I am unable to recognise him.

Def: If somebody came into this court and said it was Bockarie, would you agree?

Wit: I cannot say that I would accept because I do not recognise the face. Some people if you do not see their face, you still recognise them.

Def: How many times would you say you have seen him before?

Wit: I saw him in Kailahun, I did not see him again until Kono.

Def: You saw him twice in the same day one time, in Kailahun?

Wit: Yes

Def: But as you see him in this photograph, you cannot say whether it is Sam Bockarie?

Wit: I cannot say because he is not showing the way that I know him.

Def: requests photographs to be marked for evidence. “Do you remember looking at this map?”

Wit: Yes

Def: And you will recall that when this map was introduced, the prosecution tried to introduced a map that you had marked outside of court?

Wit: Yes

Def: You marked this, setting areas that you thought RUF controlled around Superman’s camp?

Wit: Yes

Def: Now you said, let’s look at the green line going east. Number one you have Mayo, and that what you say was Superman’s ground?

Wit: Yes

Def: And going east going all the way to the end, is a place called Camiendo?

Wit: Camiando, yes.

Def: And that’s the Guinea Highway?

Wit: Yes

Def: And you told us the RUF controlled that entire area?

Wit: Yes

Def: Again you sketched out going south this stretch of highway you said the RUF controlled, from near Koidu going south through Gandahun all the way down to Manoa Junction? And from there all the way up to where you marked 5 – do you see this?

Wit: Yes

Def: The prosecution asked you to draw the same areas the RUF controlled, outside of court?

Pros: Objection, we were never allowed to ask the witness what she drew on a map outside of court, prosecution was precluded from asking any questions about this and now Defense is asking questions about it.

Judge: Defense may continue and Prosecution may clarify any outstanding questions.

Def: Do you see on this map this is your signature?

Wit: Yes

Def: You signed this outside of court?

Wit: Yes

Def: There are inscriptions as names in the middle of this map, who wrote this?

Wit: I did

Def: Do you see near number 6 on the map, what is that place called? Lalehun – all the way down and all the way up to Koindu, you said that was controlled by the RUF – you said this in court?

Wit: Yes

Def: And down the map, all the way to the Manoa Junction, that is what you said outside court was controlled by the RUF, correct?

Wit: Like I was hearing a while ago, the way that they asked me the question, that is how I answered it. The question then was not where it started and stopped, this one now is where it started and stopped.

Def: The question was “and the green lines are what you drew as being RUF territory”, yes?

Wit: Yes, they are still RUF territories.

Def: And in court you were asked to draw their territories all the way to Kailahun?

Wit: Yes, this map included RUF territories, it was not up to where RUF territories stopped that I mapped, the question was the territories that we controlled from around Koidu town to where was under our own control from Superman town.

Judge: What is “this one”?

Wit: The one I am looking at now which I mapped outside court.

Def: What is the significance of Manoa Junction?

Wit: Manoa Junction is a significant place because it was where sometimes fighting did occur there but soldiers were not based there. The prosecutor knows the question that he asked me.

Def: I asked you a compound question you only answered one of two. Why did you stop at Manoa Junction?

Wit: It was based on the question that I was asked that I stopped there.

Def: When they told you to draw a line from Koidu all the way down, what was the specific question they asked?

Pros: Objection, please rephrase the question.

Def: This green line that appears on this map, from Koidu, what were you asked when you drew this line?

Wit: The first one was from Koidu to where the bases were. The bases that were around Koidu, that’s the radio stations.

Def: Are we referring to the same line, from Koidu south to the Manoa Junction.

Judge: Perhaps you should show the map.

Def: [shows map] Are we talking about the same line?

Wit: Yes, that’s what I’m looking at.

Def: What was the question you were asked when you were responding to it.

Wit: When those were in Gandohun, coming to Koidu, where they stopped in Koidu and from Gandohun where they were going on patrols from Gandohun, and that’s where I stopped. If they asked me where was under RUF territory at that time, on the map, I stopped where I knew off.

Def: So you are saying that when you drew this line, you were asked to indicate which persons were in Gandohun?

Wit: Yes

Def: You indicated Bana, CO Isaac, RUF Rambo (also known as Boston Flomo)?

Wit: Yes

Def: And what you indicated is that the line you drew it because it was the area being patrolled by these people assigned to Gandahun. Is that your evidence?

Wit: Yes

Def: On the same [map] if we went to the top portion (not sure what colour the inscription was), yes, the yellow line, you were asked to draw RUF controlled areas again from the vicinity of Koidu but really starting at Sephedu and you drew the line in yellow?

Wit: Yes

Def: In Sefadu the line ends in a place called Condua, and there is a number nine next to that?

Wit: Yes

Def: Now let’s see what you drew outside court. You agree that the line here does not go all the way up to Koidu, what was the question you were responding to?

Wit: The commander who was based in Yormandu, where they stopped in control to Koidu.

Def: That is the question you were responding to?

Wit: Yes, from Yormandu to Sefadu.

Def: Do you see the green line from the east of Koidu, there is what appears to be a triangle, a place that appears to be Jabuema to the south?

Wit: The line from Koidu and Mayo where Superman was based, which goes down straight to Woema to the Guinea border, near Koidu and on the line across, is how we went to join the line in Gandohung. When those of us who were at Superman’s location, the routes we used coming to Woema which comes down straight, is how we joined the line.

Def: Shows witness another map. “You made some inscriptions in court on this map?”

Wit: Yes

Def: You recall that this was your routes of travel from Superman Ground going through Yormandu on your way to Koinadugu?

Wit: Yes

Def: Asks court to zoom in on map. “When you were shown this map, you showed 1 at Superman Ground?”

Wit: Yes

Def: And you showed it going through Payema?

Wit: Yes

Def: And then to Yormandu?

Wit: Yes

Judge: Mr Anyah, I’m afraid the tape has run out and we will have to adjourn for the mid-morning break.