The transcripts of the trial of Charles Taylor, former President of Liberia. More…

  • Good morning, Mr Ngebeh.

  • Yes, good morning, ma'am.

  • Mr Ngebeh, you recall yesterday we talked about a letter that Foday Sankoh had written to Charles Taylor. It was a letter dated 5 May 1992, Prosecution exhibit 65. Do you remember us talking about that letter?

  • And, Mr Ngebeh, in relation to this letter, you said you weren't sure of this statement that you did not believe whether this was something serious. Do you remember telling the judges that yesterday?

  • You are correct.

  • Are you aware that on 20 July 2009, Charles Taylor told these judges that he accepted this was a letter written about to him and that he probably received it. Are you aware of that, Mr Ngebeh?

  • I don't know about that.

  • Now, you recall in the second paragraph of that letter, Foday Sankoh told Charles Taylor that he, Foday Sankoh, appreciated the five boxes of AK-47 ammunition and the 10 boxes of RPG rockets that Foday Sankoh expected to receive from Charles Taylor on that date, 5 May. And you said that this amount of ammunition made mention of in this letter you never received from Charles Taylor, that he had never given such support, even at the time Charles Taylor 's men were with you. You said that it was a lie. Do you remember telling the judges that, Mr Ngebeh?

  • It's correct. I did not see it. Never.

  • Mr Ngebeh, are you aware that on 20 July 2009, Charles Taylor's Defence counsel referred Mr Taylor to this part of the letter listing this material: Five boxes of AK rifle ammunition and ten boxes of RPG rockets. Then Mr Taylor's counsel asked Mr Taylor if these amounts were indicative of the level of assistance Charles Taylor had provided to Foday Sankoh, and on that date, on 20 July, Charles Taylor indicated he would say this was typical of the small amounts Foday Sankoh got over the years. Mr Ngebeh, are you aware that Charles Taylor said that?

  • I have not been following up with the Special Court. What I know and what I saw during the war is what I have told you. Whether he received that from that man or whether he gave it to him, I don't know. I did not see it. I did not hear about it.

  • And indeed, Mr Ngebeh, you simply were not aware of all of the assistance Charles Taylor gave to the RUF, were you?

  • In 1991, the assistance we received from Mr Taylor, I am aware of those. But after the infighting, whatever thing that happened between Mr Taylor and the RUF, I don't know about that because I didn't see it happen. But in '91 I am aware of it, so I said it.

  • Mr Ngebeh, yesterday you agreed that Sam Bockarie had used SBUs in the diamond fields for security. Do you remember that, Mr Ngebeh?

  • Yes, I remember.

  • These SBUs included boys under the age of 15. Isn't that right?

  • You are correct.

  • And these SBUs that Sam Bockarie used in the diamond fields were armed, weren't they?

  • Sam Bockarie used these SBUs in the diamond fields both during the junta and after the junta was pushed out of Freetown in February 1998. Isn't that correct?

  • And Sam Bockarie used these SBUs to protect government property from being stolen. Isn't that correct?

  • You are correct.

  • And he also used these SBUs to ensure that the civilians continued to work in these diamond fields. Isn't that right?

  • Ma'am, all the atrocities committed by the RUF are not the concerns of Mr Taylor. They did happen. Really they happened, but it doesn't concern Mr Taylor. Mr Taylor has no hands in it.

  • Now let's go back to my question. Sam Bockarie used these SBUs to protect government property from being stolen. Isn't that correct?

  • It happened, but Mr Taylor is not responsible for it.

  • And if anyone who was working in those diamond fields tried to steal diamonds, they could be killed by those SBUs. Isn't that right?

  • They might have killed them, but Mr Taylor is not responsible for that. It was during Sam Bockarie's administration. It is not Mr Taylor's responsibility.

  • And indeed, some of these civilians were killed when they were accused of stealing diamonds. Isn't that correct?

  • All the atrocities you have explained about is the cause why Issa and others are in prison today, but Taylor is not responsible for that. Mr Taylor is not responsible for it.

  • Let's go back to my question. Indeed, some of these civilians were killed when they were accused of stealing diamonds. Isn't that correct?

  • Ma'am, all of those things happened, but Mr Taylor is not responsible for it. That was the reason why the RUF suffered for that. He is not responsible. Yes, ma'am.

  • Can you please try to answer the question directly that is asked of you. I have not heard counsel refer to the name of Mr Taylor in her questions at all, so please try and answer her questions directly.

  • Yes, my Lord. I came here for me to be able to explain about what I know about what happened between Mr Taylor and the RUF. The atrocities that happened in Sierra Leone, of course, yes, RUF committed them. But I am here to explain about the things that happened between Mr Taylor and the RUF. That is the more reason why I am saying, those things that happened are not Mr Taylor's responsibilities. I am here to explain that, my Lord.

  • We appreciate your sentiments; however, you are here to answer questions directly, and we will sort out the evidence.

    Ms Hollis, please continue.

  • Thank you, Madam President.

  • And indeed, Mr Ngebeh, civilians were also beaten when they were accused of stealing diamonds. Isn't that correct?

  • Even if you were RUF and you stole diamonds, you will be beaten up because they were considered government property. Diamonds were government property.

  • And the SBUs took part in these killings and these beatings. Isn't that right?

  • During the time you were a member of the RUF you regularly engaged in looting yourself, didn't you, Mr Ngebeh?

  • Ma'am, looting is not my habit. I did not do it. It used to happen, of course, but I didn't do it.

  • Let's take one example. You talked about your camp that you established at the Teko Road in Makeni. Do you remember telling the judges about that?

  • You are correct.

  • This camp had actually been a Catholic mission compound. Isn't that right?

  • You are correct.

  • And you and others took over this compound and drove the missionaries out. Isn't that right?

  • We didn't drive them out. At the time I entered the compound, all of the missionaries had fled. When I went there, I went to take care of the amputees. The people who were there, I took very good care of them. Ask anybody who was in Makeni by then; they can explain that to you. I took all of them, I was taking care of them. I fed them, and in fact after the --

  • Your Honours, could the witness be advised to slow down and repeat from there.

  • We start again today with your running. Please slow down. You are going to have to repeat everything that you said, because none of it was interpreted. Calm down, slow down, and make yourself understood for the interpreter's sake. Now, repeat your answer.

  • Okay. The camp that Mr Ngebeh established on Teko Road, it was the Catholic mission that owned that camp. And after the 25 December attack, all of them fled. They went. After my return from Waterloo to establish a base, I decided to take care of those areas. And when I went there, I did not meet anybody around there except the war victims who were being taken care of by the Catholic mission. I established myself there. I put the people together. I was taking care of them. I maintained the compound. Every asset that I met in there, I made sure that they were well protected. The Bishop met me in Makeni. He toured through the compound and he can tell that the area where Charles Ngebeh was based was well taken care of. He praised me for that and he told me that I should continue to take care.

    The only problem that I encountered in that compound was when a jet bombarded the place, a helicopter gunship also bombarded the place and they said I was armoury officer for RUF, that was why. And during that event two civilians lost their lives. So that was the reason why I told the civilians that I was going to move from that area. But if you ask anybody who knows about that, they will tell you that I took very good care of that place. Thank you, my Lord.

  • Indeed, Mr Ngebeh, you stayed in this Catholic mission compound from 1999 onward. Isn't that right?

  • You are correct.

  • And you stayed in that compound until the end of war. Isn't that right?

  • You are correct.

  • And you actually looted the generators and other contents of that compound. Isn't that right?

  • It had already been looted before I went there and the ones that I met there, they were still there and that was in fact the ones I was using. I did not loot any generator from out there. The one I met there was the one I was taking care of and I was using it in the compound until the time I left there.

  • And you yourself actually sold some of the contents that you found in that compound. Isn't that right?

  • Ma'am, all the things you are explaining, let me tell you, that compound was a very big compound and I lived in a very small section of the compound. So I used to tour around. There was in fact a time when some of my brothers came from town, they wanted to steal the generator. When I tried to put the situation under control, they wanted to shoot at me. But let me tell you, the small area that I lived within the compound, I took very good care of the place. I did not loot any generator from that compound. The place was a very big compound. But that particular small area where I was living, I did not do anything wrong there. The place was big, some other people used to come there, maybe they did something, but I personally did not do anything. Thank you.

  • You actually sold some of the contents that you found in that compound. You, Charles Ngebeh, actually sold some of those looted items. Isn't that right?

  • Ma'am, what I have explained is that I personally did not do anything. I did not steal any property. I did not do it.

  • You also stole a large white truck that had been the property of the Catholic mission. Isn't that right?

  • I did not steal it. The truck was a DAF truck. It was with the Catholic mission and after the whole operation was over I was the only officer in Makeni without a vehicle. And who gave me that vehicle was CO Rambo. He asked that I should have that vehicle so that I would be able to continue to maintain my family. I used that vehicle to run transport, it used to run Kamakwie and back to Makeni, and that was what I was using to take care of my family. And after our disarmament, Bishop came back and he asked that all the properties we had acquired, we should return them back to him.

  • Your Honours, could the witness kindly be advised to slow down again.

  • Mr Witness, you are still speaking too quickly. The interpreters can't keep up with you. Now, repeat your testimony where you say after the disarmament the Bishop did something. Continue from there.

  • After the disarmament, the Bishop came to Makeni and he gave me - offered me ten bags of bulgur and some condiments and I told him that the white truck that belonged to them, I have it. But that since that was not the end of the war, I was going to hand it over to Issa. I presented and handed over the truck to Issa. And at that time Bishop gave I think 3 million leones to Issa for it to be given to me. He said because I have taken care of that property, and then you can have evidence from any other person that I gave them back their property. I did not steal it. I did not sell it to anyone. I took care of it and that was the truck I was using. It was - I was running it as transportation so that I could be able to take care of my family. Thank you.

  • Mr Ngebeh, you actually used that truck to carry out more looting around the Makeni area. Isn't that right?

  • I used that vehicle for transportation purposes. I did not loot it. I was running it as transportation from Makeni to Rokupr. The money - the proceeds I got from it was what I used to take care of my family. That was out of that truck. Thank you.

  • And you used it for transporting goods that you had looted. Isn't that right?

  • No. Civilians were there, we used to get food item, salt, Maggi and other condiments from Rokupr and the civilians who were in Makeni, they would join the vehicle, they would go and do some trade at Rokupr. From there the monies they paid me was what I used to maintain my family. I did not take any civilian's property. I only used that vehicle for transportation purposes. Thank you.

  • You also used that truck to loot livestock from the surrounding area. Isn't that right?

  • I never used it to go and take people's goods or sheeps from their villages. That was not the purpose for which I had the vehicle. I used it for transportation purposes. But there were times that people, some other officers could - would ask me that, "Charles, please borrow us this vehicle, we want to use it to go somewhere," and they would use it to go. At times officers or commanders would ask me to use the truck. It did not belong to me. People used it sometimes, but I personally did not use it to go to anybody's village to collect cattles or livestocks to anywhere, no. Thank you.

  • You also used that truck to take looted goods to the Guinea border and to sell those looted goods there. Isn't that right?

  • I have answered that question. No, I used it for business purposes. I did not use that truck for any looting purposes. I did not use that truck for any bad reason. I used it for transportation purposes and the monies I got from it was what I used to maintain my family. Thank you.

  • And, for example, you used it to transport doors, windows and other materials to the Guinea border to sell them. Isn't that right?

  • I did not do that, ma'am. It's a lie. I never put looted property into that truck to take it to the Guinea border to do business out of it. I only used that truck for transportation purposes so that I can get some money out of it. Thank you.

  • And you also used it to transport captured civilians to Kono to mine for you. Isn't that right, Mr Ngebeh?

  • I never used that truck to take civilians to go and do mining in Kono. I did not do that. I used that truck for transportation purposes. If you entered my truck to go to somewhere you would have to pay me on arrival. So that was what I used it for. Thank you.

  • You treated civilians very badly during the time that you were in Makeni. Isn't that right?

  • No. I was based in Congo Town. And I was the only officer who made my own area very free for civilians in Makeni. Congo Town, Teko Road I provided security for civilians. I provided electricity. They will come to my compound, that is where they come to watch movies or some other things. I had even tap water in my compound. That was where normally people came from all over the place to get water, drinking water. I was very nice to them. Thank you.

  • And, Mr Ngebeh, you were unable to settle in Makeni immediately after the war ended because of your mistreatment of civilians and your looting in that area. Isn't that right?

  • I am telling you, ma'am, that the civilians in Makeni welcomed all the RUF. After the disarmament, most of the commanders decided to stay there. I only decided to move --

  • Your Honours, could the witness be asked again to slow down.

  • Mr Witness, pause. Just repeat your answer slowly. Repeat your answer slowly, please, for the interpreter.

  • I left Makeni to go and continue my life with my wife in Kono. Most of the commanders and most of the civilians with us are still in Makeni here. Some commanders are still living in Makeni and most commanders decided to live there. There is no time that I remember that civilians - the civilians were trying to chase commanders from out of Makeni. No, most of the commanders are more comfortable in Makeni than anywhere else. And I want to tell the civilians thanks for that in Makeni because they welcomed all the commanders including the entire RUF.

  • Your Honours, could the witness be asked to slow down.

  • Mr Ngebeh, what is wrong? Why can you not talk normally like normal people do? You see. What is the use of your evidence if we can't hear what you're saying? It's a total waste. I don't know how to say it better, but you must speak slowly. Sometimes you are asked a simple question and you run off on a tangent, running with your words. We cannot hear what you are saying. Now, please slow down and repeat your answer. And face the judges while you do that because if you did you would see me signal to you to slow down instead of interrupting you every time. I don't know who you are speaking to in that corner, but we are here. These are the judges. You should be addressing us. Is that clear?

  • Yes, my Lord.

  • Now, please repeat your answer.

  • I lived a peaceful life in Makeni. The people of Makeni recognised me to be a peaceful officer in Makeni. I did not run away from Makeni because I had done something wrong there to go and stay in Kono, no. I decided to move to Kono out of my free will. Even most of the soldiers who lived with me, they still have workshops in Makeni. They are working there. The people of Makeni, they don't have problems with the RUF. They knew that it was a war. They have never asked anybody to leave their town because he or she had done something wrong to them. If we had done bad to them, they wouldn't have accepted us that kind of way. They accepted all the commanders of the RUF including the RUF entirely. Thank you.

  • Mr Ngebeh, during the war the civilians of Makeni had no choice but to accept the RUF. Isn't that right?

  • Even after the war they accepted us. During the war they accepted us and after the war they accepted us.

  • And after the war they didn't accept you because you had done bad things to them. That's why you weren't able to go back to Makeni and settle. Isn't that right?

  • No. That's not correct. If they accepted other officers in Makeni, why wouldn't they accept me there? No. I still have reason to live in Makeni. And even when I leave here, I am going to go through Makeni. I have a place there. My colleague soldiers are still living there. So I will have to go there again. Thank you.

  • You have a place in Makeni?

  • Yes, I used to have a place in Makeni.

  • Is that a place you stole during the war?

  • No. I have brothers in Makeni. They have a base there. For now, I don't have a permanent place in Makeni, but I always visit there and go. But anytime I visit there, I stay with friends, brothers, boys who were with me. But I personally do not have any permanent base there because I am not based there at present. Thank you.

  • In May 2000 you took part in the attacks against the United Nations peacekeepers. Isn't that correct?

  • And the heavy weapons that were taken from the United Nations peacekeepers were handed over to you, weren't they?

  • You are correct. All the 17 armoured cars here parked in my compound, you are right. Because I was the arms specialist.

  • And you removed some of the weapons that were mounted on those armoured cars and put them on RUF pick-up trucks. Isn't that right?

  • You are correct. That was what I did.

  • And you were aware that these weapons had come from the capture of the United Nations peacekeepers, weren't you?

  • Yes. But it was an instruction from Issa, and what could I have done except I accept the instruction from him? It was an instruction from Issa. He said I should remove those weapons and replant them into the Land Rovers, and indeed that was my job, so I did.

  • And you were aware they were from the United Nations peacekeepers because, contrary to what you have just told the judges, in fact, you took part in the hostage taking of those peacekeepers, didn't you?

  • Ma'am, I was an arms specialist. If the RUF received weapons, who would have controlled them save me? Because that was my duty. Nobody else was going to do that. I was the arms specialist and the armourer commander for the RUF. If the RUF went and looted an armoured car or got an armoured car, where would they have taken it except to me, because it was my duty as armourer commander. Thank you.

  • I don't think the witness has answered the question.

    Mr Ngebeh, the question was: "... in fact, you took part in the hostage taking of the peacekeepers, didn't you?" That is the question. You haven't answered that.

  • I was there. I was there.

  • And you took part in the hostage taking, didn't you?

  • Yes. I was there.

  • Madam President, at this time we need to go into private session so that I can follow up on some areas of the direct and cross-examination which could tend to violate protective measures if it's done in public.

  • Whose protective measures?

  • This witness's protective measures.

  • Okay. Mr Munyard, do you have any objections?

  • No difficulty with that, your Honour. Thank you.

  • We are going to go into a brief private session, which means the members of the public will be able to look into the well of the Court, but you will not be able to hear what is being said. This is for the protection of this witness in that details may emerge in the course of the evidence that would jeopardise his security.

    So, Madam Court Officer, please arrange a private session.

  • [At this point in the proceedings, a portion of the transcript, pages 38786 to 38824, was extracted and sealed under separate cover, as the proceeding was heard in private session.]

  • [Open session]

  • Your Honour, we are in open session.

  • Yes, I'm going back, Mr Ngebeh, to ask you some questions relating to the matters put to you earlier today and yesterday and I want to ask you something about Superman first. You said yesterday that Superman was a commander in Koidu. Was Superman always a part of the RUF, or did he ever break away from the main RUF?

  • Yes, he broke away from us and went to Kurubonla.

  • And at Kurubonla did he join up with any other group?

  • Would you like to tell us who that was?

  • The SAJ Musa group, the AFRC.

  • Do you know why it was that Superman broke away from the RUF and went to join SAJ Musa's AFRC group?

  • Sam Bockarie had wanted to arrest him at one point in time, so he was not too sure of his security living in Kono at that time.

  • And what was the reason, if you knew it, why Sam Bockarie wanted to arrest Superman?

  • Superman was a strong fighter. He became very popular, so he begrudged him. So that is all I know about. Thank you.

  • Did Superman break away from the RUF before or after the Fitti-Fatta mission that failed to capture Kono?

  • It was immediately after the Fitti-Fatta operation that he broke away from the RUF. Thank you.

  • And do you know whether the failure of the Fitti-Fatta operation had anything at all to do with Superman breaking away from the RUF?

  • The failure of the Fitti-Fatta was not the reason why he broke away. Because after that he was called to go to Buedu, but what he got at Buedu was the reason why he was panicked and he decided to break away. He said there were grumbles that we failed during that mission and that people who were responsible for that did not want to take commands from Sam Bockarie and that the instructions that reached them, they did not do things according to that. So all those reasons put together he decided to break away.

  • Do you know why he went to join SAJ Musa in the AFRC rather than any other group?

  • Yes. Because he knew he was only sure of his security when he went to the AFRC. That was the reason why he went and joined SAJ Musa.

  • What was the relationship between SAJ Musa and Sam Bockarie like at the time Superman went over to join SAJ Musa?

  • Sam Bockarie tried to get some connection with SAJ Musa, for him to arrest and hand that man over. But Sam Bockarie and SAJ did not pull because SAJ was power thirsty and Sam Bockarie was power thirsty. But when Superman was there he was trying to make SAJ a friend so that he will be able to get at Superman, but it did not work out.

  • Were SAJ Musa and Sam Bockarie ever friends as far as you were aware?

  • I'm unable to say whether they knew themselves before, but it was only after the coup that we live as one when we joined with the AFRC. But I don't know whether they had been friends before, but it was after the coup that I was able to know SAJ Musa at that time. But that man was a soldier, but I don't know whether they had been friends before. But it was only after the coup had taken place that they came together and maybe knew themselves.

  • After ECOMOG drove out the junta from Freetown, what were relations like between SAJ Musa and Sam Bockarie then?

  • They were no longer together. They did not have a good relationship any more. SAJ decided to talk to all the soldiers to come on his own side, for them to form their own group. That was within the AFRC. And most of the soldiers were loyal to him, so SAJ Musa himself was no longer part of the RUF.

  • You talked today and, indeed, yesterday about the instruction that where an RUF was a commander, an SLA would be his deputy and vice versa. Did that arrangement or instruction work out in practice? This is after ECOMOG had driven the junta out of Freetown.

  • No, my Lord. It did not work well.

  • When you were in the jungle after you had been driven out - after the junta had been driven out of Freetown, did the AFRC ever have a commander who was in a position over an RUF deputy commander?

  • Oh, no, no, no. All the areas we controlled after the coup, it was RUF who led as commanders. Like, for instance, Kono, that was under the control of the RUF. At Kurubonla where SAJ Musa was based, they were in control there. But the areas that were under our control, we were commanders there. Thank you.

  • You also said on Monday, yesterday, that at Buedu there was a message from Sam Bockarie that fighters should end their grudges and the RUF and AFRC should work as a team. Was that message successful or not?

  • It was not successful, my Lord.

  • You told us yesterday about events after the intervention, and you said at one stage that you were at Masingbi and the RUF and the AFRC had taken the town. What proportions of those fighters who took the town were RUF and what proportion were AFRC?

  • At Masingbi, the RUF population, after we had captured Kono and advanced on Masingbi, we were in control. We - our number was heavier than theirs. We met Donsos at Masingbi. They were Civil Defence Forces and the name of the commander was Tariq [phon]. He was the commander of the Donsos at Masingbi. He was a fair in complexion person.

  • I'm not interested in the Donsos. I just want to know the numbers of the RUF compared with the numbers of AFRC at that stage. You say that "our numbers were heavier than theirs". The RUF numbers were heavier than the AFRC. Likewise, you talked of the RUF and the AFRC fighting ECOMOG at Makeni. Again, what were the proportions of AFRC compared with RUF?

  • The RUF was in majority than the AFRC in Makeni.

  • Did those fighting forces, RUF and AFRC, have a joint pool of arms and ammunition or separate arms and ammunition?

  • My Lord, all the mission starting from Kono up to Makeni, the ammunition that we captured were given to the commanders for safekeeping. Nobody had rights to keep ammunition on his own. If you captured any ammunition, you should hand them over to the commander except for the ones that we used. Thank you.

  • Did the RUF and AFRC have their own separate supplies of arms and ammunition, or did they have a joint supply of arms and ammunition? That's what I want to know.

  • My Lord, we were not getting supplies. If we captured ammunition, we will keep them. When we are going to the war front, they will share them out to us. But to say we received supplies from anywhere for us and the AFRC, no. But when we captured material, we will make use of them. We did not have any specific place from where we were getting supplies. All the advance that we advanced from Kono up to Makeni, we lead on captured material. The AFRC did not have any armour dump nor did the RUF. So if we captured ammunition, we will just take record of them and then keep them. Thank you.

  • Madam President, will you give me just a moment to see if there's something that's been correctly or incorrectly recorded on the transcript. Madam President, would you give me a moment, please. I think there may be a possible error on the transcript, and if it is, it's an important one. I just want to clarify. Thank you. I think we've clarified that. I don't need to deal with anything further on that:

  • Now, moving on, please, to early 1999. You told the Court that you were based in Hastings and that you tried to attack Jui but you failed. Do you remember telling the Court that yesterday?

  • You are correct, my Lord.

  • When you failed in your efforts to attack Jui, where did your fighters go? Did they sit there on the outskirts of Jui, or did they retreat back to where they had come from?

  • We based at Hastings.

  • So as far as you were concerned, did you ever at that time get further than Hastings?

  • We never passed Hastings and we did not make any attempts any longer to attack Jui. That was where we established our Defence, and they too did not make attempts to attack us.

  • Thank you, Madam President. Those are my questions in re-examination. Does the Court have any questions?

  • The Court does not have any questions for Mr Ngebeh.

    Mr Ngebeh, I want to thank you for your testimony. However, before I allow you to leave, I think there are some exhibits that the Prosecution would want us to handle.

  • Yes, Madam President, we do. Madam President, we would tender for admission what has been marked MFI-1 "RUF still kills and rapes Sierra Leoneans" AFROL News, 4 April 2001, three pages. That was in tab 2 of the Prosecution bundle.

  • Perhaps you would go through the exhibits. If you wish to tender all of them, that's fine. I will then ask the other side what they think.

  • All right. We do wish to tender all of the exhibits, or all the documents that have been marked for identification. MFI-2 was an interoffice memo from WVS dated 22 March 2010 showing disbursements of 1,661,000 leones. MFI-3 was a confidential document, a similar WVS interoffice memo. MFI-4, with cover page plus first and second page, a confidential document. MFI-5, a cover page plus first page, also a confidential document. MFI-4 was found at tab 14 and MFI-5 was found at tab 15 of the materials. We would ask that all of those documents be accepted into evidence.

  • Thank you, Ms Hollis.

    Mr Munyard, your comments, please.

  • The Defence have no difficulty with MFIs 2, 3, 4 and 5. Our submission in relation to MFI-1 behind tab 2 in the bundle is that all of it is claimed to be based on other sources. The document itself is said to be AFROL archives or come from AFROL archives, and it's our submission that the document on its face is no more than a purported series of extracts from other documents. And if the Prosecution wish to rely on such document as an exhibit, then they should put in the originals which are patently obviously clearly available to the Court. In other words, the material from Human Rights Watch and the AFROL archives. Otherwise, there is no way of the Court knowing whether or not these particular extracts have been correctly transcribed from original documents. So for that reason, the Defence object to the admission into evidence of this purported series of extracts from other published material.

  • Thank you. Ms Hollis, I will allow you to respond in relation to MFI-1 and the comments of counsel opposite.

  • Thank you, Madam President. First of all, the Defence counsel's argument really goes to the weight which might be provided for these documents, not to admissibility. There is no requirement that originals be provided. Articles are provided all of the time. In this Court the Defence has also provided you with articles which indeed are extracts that were part of the Sierra Leone News Web. This indicates that these are news articles and, as such, news articles have been provided and accepted by your Honours throughout this trial. So we would suggest there's no basis for the objection, because it is not relevant to admissibility. It is relevant to any weight that your Honours may eventually attach to this document.

  • [Trial Chamber conferred]

  • We find that all of the five documents tendered as MFI-1 to 5 are relevant and therefore admissible on their face.

    Now, in relation to MFI-1 and the objections raised by Mr Munyard, we find that those objections go to weight rather than the admissibility of the document, and therefore we overrule the objections.

    Accordingly, MFI-1, the document entitled "Article RUF still kills and rapes Sierra Leoneans" comprising three pages is now admitted as exhibit P-516.

    The document marked MFI-2, which is described by Ms Hollis earlier, is now exhibit P-517.

    The document marked as MFI-3 comprising one page and described earlier by Ms Hollis is now admitted as exhibit P-518 and will remain confidential.

    The document marked MFI-4 as described by Ms Hollis comprising the three CMS pages 23830, 23892, and 23893, those three pages, are now admitted as exhibit P-519 and will remain confidential.

    MFI-5 comprising pages 25381 and 25592, those two pages are admitted as exhibit P-520 and will remain confidential.

  • [Exhibits P-516 to P-520 admitted]

    Mr Ngebeh, thank you very much for your testimony. You are now free to leave the Court and to go home and we wish you a safe journey home.

  • Okay, ma'am. Thank you, ma'am.

  • Mr Griffiths, would you kindly advise the Court as to the next witness, et cetera.

  • I will be taking the next witness, who is DCT-306.

  • If you could advise the Court as to such matters as the language that the witness will be testifying in and any protective measures applicable.

  • The witness will give evidence in English and will give evidence openly.

  • Thank you. Please call 306 into the Court.