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

  • Good morning, Mr Fornie.

  • Good morning, Mr Munyard.

  • Yesterday I was asking you about the process by which Issa Sesay became interim leader of the RUF in the year 2000 in the absence of Foday Sankoh who at that stage was again in custody. Do you remember? Do you remember that's what we were talking about when we broke off yesterday?

  • Yes.

  • Now, I can't see whether or not I actually asked you this question, but were you aware that after Issa Sesay had consulted with the various Presidents that I mentioned yesterday that he also went back to Sierra Leone, consulted with the high command of the RUF and also sent a letter to Foday Sankoh? Were you aware of that?

  • I know something about that and even beyond that and if I am given the opportunity I will explain what I know about it.

  • You tell us what you know about the letter that Issa Sesay sent to Foday Sankoh.

  • Thank you very much. It's not just about the letter, but the process itself. And the process was like if you and someone were seeking to gain something, but you were already stepping on that thing, all what went on was something that was - that Mr Taylor and Issa Sesay had pre-knowledge about, that Issa Sesay only wanted to cover up to the international community, so the RUF themselves, he made them to know about it.

  • Your Honours, could the witness be advised to slow down and repeat the last bit of his testimony.

  • Mr Witness, you are going too quickly for the interpreters. As you know, it is being not only interpreted but being recorded and so far I haven't heard a beginning to an answer to the question that was what do you know about the letter Issa Sesay sent to Foday Sankoh, so please answer the question.

  • Well, I said it's not just about the letter, but the process, and what I know about the process is what I am explaining.

  • I am going to stop you there. You can no doubt talk about the process at whatever length you wish. I did not ask you at this point about the process. I asked you about the letter. That is what I would like you to reply to at this point. No-one is stopping you giving further replies. You will be stopped from speech making, however. Now, just deal with the letter, please, that both I and Madam President of the Court have asked you to deal with in your answer. We will all be out of here a lot quicker if you stick to answering the questions asked, rather than making speeches.

  • I am not making an ordinary speech, but I think it is correct connected to the letter.

  • Please do not argue. Answer the question. If there is something that is not picked up in that answer, counsel for the Prosecution has a chance at re-examination. Answer the question.

  • Well, the letter was just a mere formality that Issa that others wrote to Foday Sankoh.

  • Well, it's because Issa had already told us that Mr Taylor had told him that, being that Foday Sankoh was absent, he should temporarily act. That was what Issa told us.

  • Well, did Issa tell you that he'd had a meeting with four or five African Heads of State in Monrovia followed by a further meeting at Roberts International Airport with Presidents Obasanjo and Konare?

  • In fact let me tell you. Issa was unlike Mosquito wherein he would always summon people to explain things to them. It was just like when he was travelling through Pendembu, by then I was in Pendembu, he and Eagle and others, he used to explain to us. He will say --

  • Mr Witness, please stop. You were asked about a meeting between --

  • Two meetings, your Honour.

  • Two meetings. Now, you have started telling us about comparisons of Issa and Mosquito and I don't know who you are talking about when you are talking about Pendembu. Direct yourself to the question.

  • When Issa came - returned from those meetings what he told us in Pendembu was that Mr Taylor told him that he should officially take up the responsibility to serve as acting leader. He said that was what he went to discuss with the ECOWAS members of states.

  • So you agree that he went to discussions with the ECOWAS Heads of State, do you?

  • And are you aware that two of those ECOWAS Heads of State, the two I have just mentioned, Presidents Obasanjo and Konare, went to see Foday Sankoh with a letter from Issa Sesay? Are you aware of that, or not?

  • I knew about a letter that Issa said they should write and be taken to the leader, that is Foday Sankoh, but I do not know the people who took the letter along.

  • And do you know anything about the contents of the letter?

  • I did not read the letter and the content was not disclosed to me.

  • No, because you were not anything like important enough to be involved in these discussions, were you?

  • Well, it's not a matter of being important, but on a regular basis such things - we held a general forum wherein people would come up with ideas, but at that time Issa never used to do that. In the case of Issa, people he knew that were with him, those are the people he would just invite and tell them let's do this and let's do that. Moreover he said it was an instruction from the President, that is President Taylor.

  • I see. Did he mention any instructions or approvals by the other Presidents?

  • He said it was an instruction from Mr Taylor. That is what I know about.

  • And did he therefore tell you that all the other Presidents of ECOWAS, the general secretary of the organisation, the foreign minister of Ghana and the rest of them, were all eating out of President Taylor's hand? Is that what you're trying to convey to this Court?

  • I do not understand that question, please.

  • Are you suggesting - I am asking you are you suggesting that all of these other Presidents, foreign ministers, general secretary of ECOWAS and the rest of them were puppets being controlled by Mr Taylor? Is that what you're suggesting, Mr Fornie, from your great insider knowledge as a radio operator?

  • No, it was not Mr Taylor who controlled them, but one thing that I know is that it was like using a thief to arrest a thief. They used Mr Taylor to bring the RUF back to the peace table.

  • And the Prosecution are using you to spin lines that are not true, aren't they?

  • No, I am saying something here in the interest of my nation. But in your case Mr Taylor is using you to just refute what other people know that is true. Indeed, what I did and what I know about --

  • Mr Witness, I am reminding you yet again not to be entering into arguments with counsel. Answer the question.

  • Well, I am going to move on, if I may.

  • Well, I have already answered that question.

  • All right. We are both agreed then that we will move on. Would your Honours give me just a moment while I take direct instructions? Thank you:

  • Now, I did say yesterday that I had gone forward in the chronology, that's the time sequence of events, in order to try to tie up one issue, that is the Issa Sesay leadership issue, and I am now going to go back, if I may, and deal I hope pretty well with the last topic that I propose looking at, perhaps with one exception.

    I want to go back, please, to 1999 and the protracted peace process. Now, were you aware that in 1998 President Taylor was approached by the President of Nigeria to attend a meeting with, amongst others, himself and the United Nations Secretary-General and President Tejan Kabbah in order to discuss issues relating to peace and security in the sub-region, that's West Africa? Were you aware that Mr Taylor was invited to such a meeting with the United Nations Secretary-General and President Tejan Kabbah?

  • I remember a meeting like that.

  • Very well. Tell us the date of it, if you remember it so well?

  • No, I do not recall the date. I do not recall the date.

  • Well, just tell us how it is, Mr Fornie, that now in 2008 you are able to remember a meeting between Presidents Obasanjo, Tejan Kabbah and Taylor on the one hand and the Secretary-General of the United Nations on the other?

  • Well, it was a meeting that took place. I am aware of it because it was in fact over the media, the BBC, the VOA. It was not anything hidden.

  • You didn't record this one, did you?

  • The date? Well, I do not recall whether or not I recorded it. Maybe I recorded it maybe, because I did so many recordings.

  • Where was it, this meeting that you remember?

  • I do not recall everything that obtained in the meeting. I do not recall the venue that it took place, but I recall that such a meeting took place even before the actual Lome peace talks started.

  • And when did this meeting take place?

  • That is what I have told you. I said before the Lome Peace Accord, but I do not recall the date or month.

  • I will try again. How many months or years before the Lome Peace Accord?

  • I do not recall the exact month. It was not a year before the Lome Peace Accord, but I do not recall the exact month.

  • Now, after the Lome Peace Accord had been signed how quickly did the disarmament process proceed?

  • The disarmament process did not just start immediately after Lome, because we had to travel to some other countries up to Freetown, but upon our arrival in Freetown I recall that a symbolic disarmament around the Lunsar area took place. I recall that a symbolic disarmament took place there. That was when by then we were in Freetown.

  • Right. Was there any concern on the part of the Sierra Leone authorities that disarmament was proceeding too slowly, or would you not know that?

  • Well, thank you that you have answered that, because I was not part of the authorities or the Government of Sierra Leone.

  • And you didn't hear anything on the BBC or any other media about that, did you?

  • All right. I would like to show you a two page letter, please. Your Honours, I only have the one copy so I am going to have it put on the screen and then I will attempt to read it from the screen to take the witness through it. It is typed and it is legible?

  • And I take it we haven't seen this document before, Mr Munyard?

  • Well, I think we haven't. I confess by this stage in the year to being slightly unsure, but I don't think this one has been put in before:

  • Now, Mr Fornie, I am going to read this letter out and you tell us if you know anything at all about it. It has the crest of the State of Sierra Leone on the top of it, underneath of which is the formal heading "State House, Freetown, Republic of Sierra Leone", the date is 27 October 1999 and it is addressed to His Excellency Charles Ghankay Taylor, President of the Republic of Liberia, and it reads as follows:

    "Mr President and dear brother, I think the Sierra Leone telephone engineers will have to do more work to make it possible for me to get you on the phone because I have never been able to get you either at home or in the office. This explains why I am writing to you."

    Pausing there, were you aware of telecommunications problems in Sierra Leone in late 1999?

  • Yes.

  • It goes on:

    "Our brother, President Obasanjo, telephoned me yesterday that he would like to visit Freetown on 5 November as a confidence building mission. On our part, we have been doing everything possible to get the peace process moving. Our people have been listening to me. The only problem is that the disarmament process has been rather slow and I have identified that the main problem for this is that Sankoh and Koroma do not seem to trust each other. I am continuing with my efforts to build confidence between them and I hope that with the arrival of President Obasanjo, he also will have an input into the process. Of course, whatever you can do from your end will be very much appreciated.

    Ambassador Salia-Bao had communicated with us earlier that a number of former RUF and SLA combatants wanted to return home to take part in the DDR program."

    What's the DDR programme? Disarmament and? Can you help us, Mr Fornie, what does DDR stands for?

  • What I know is disarmament, demobilisation and reintegration.

  • I am very grateful:

    "The disarmament, demobilisation and reintegration programme. While we were making arrangements for their transportation home, we have heard that the RUF element is now taking the position that they would like to return to Sierra Leone through Kailahun with their arms. This, of course, signals some problem which I know you will understand, and which has given us some cause for concern. Whatever you and your security people can do to see to it that either these people are disarmed in Liberia before they leave or they make use of the transportation being arranged by the government so that they can be disarmed upon their departure from Liberia or arrival in Sierra Leone, will be appreciated. I thank you in the advance for your usual cooperation. With my best personal regards."

    Who is it signed by? Just read out the name printed underneath the signature, would you, Mr Fornie?

  • It is Alhaji Dr Ahmad Tejan Kabbah, President of the Republic of Sierra Leone. But, please, the last part of the - of this letter, I do not understand it, the last paragraph.

  • Stop. I asked you who is it signed by. I haven't asked you anything about the contents yet. Now, you were obviously not aware of that letter exchanged between two Presidents of neighbouring countries, were you?

  • Now, I think that is another one of those --

  • Does that mean you are agreeing with counsel that you didn't know, Mr Witness?

  • I don't know about this letter.

  • Thank you. Yes, well, that's all I want to deal with in relation to that letter then if he doesn't know anything about it.

  • It can be taken away.

  • Yes, could I have that marked for identification, please, and I have got the list here so I know where we are up to. It should be MFI-11, I think.

  • That is a two page document, a typewritten letter, and it becomes MFI-11.

  • Now, that was the situation that prevailed in October of 1999. You in your evidence-in-chief last week produced a radio logbook, MFI-7, which I would now like us to look at, please. I think, your Honours, it's behind tab 4, going on memory. When I say tab 4 I am talking about the bundles produced by the Prosecution. I am not talking about our - with a bit of luck I might have finished with our bundles, although perhaps not completely. Can I enquire if everybody has that to hand? Then I think it is going to have to be the original shown to the witness, since that was what - it's there, yes. Thank you very much. Now, just before we look at this book, Mr Fornie, would you mind telling us how it came into the hands of the Prosecution?

  • How what came to be with the Prosecution?

  • This radio logbook that you told us yesterday has your entries in it?

  • I don't know how the Prosecution managed to get it.

  • Well, let's just try a different route to the answer to that question. This logbook is - is it right that it is mainly or exclusively entries written by you? Does it contain entries on every page written by you? You have seen it before. You should be able to answer it by now. You have no doubt been taken through it in prepping sessions, is that right?

  • I did not go through it. I did not go through everything, but most of what is in there I did it. Most of the entries in there I did it.

  • Well, you're able to say that most of what's in there you did it. Did you keep that particular logbook after it was completed?

  • Well, I left this logbook in Freetown, in the Freetown office. It was when we returned from Lome - myself, Foday Sankoh and others - I left it in Freetown and I went back to Buedu. It was in the office. It was an office property, so I left it in the office in Freetown at Foday Sankoh's lodge.

  • Right. Are we talking about his lodge in Spur Road from which he was arrested in May 2000?

  • Yes.

  • Thank you. And are all the entries in this particular logbook written while you were away in Lome?

  • I did not go through everything. I did not read the tail end of it to confirm everything, because for a long time now I had forgotten about it, but I can say almost everything in there I did it.

  • Right. The first entry - I am not going to trouble you with going right through it just to make this point. The first entry is on 28 April 1999 and the last entry in the logbook is 11 September 1999. Were you in Lome throughout that period?

  • Well, throughout that period I had not returned to Freetown. I had not arrived in Freetown by then.

  • Right. We will go then to the first entry in the logbook, please, which is on page 00008639. I say the first entry, I meant the first page. I want you to look, please, at the second entry on that page that appears just below the printed stamped number. "FM" means it's from, is that correct?

  • Yes.

  • "The Lion" is a reference, as you told us the other day, to Foday Sankoh and again I think you dealt with this particular one for the names at any rate. "To S/Man", that's Superman, yes?

  • "Brigadier Mani, Black Jah". Black Jah, remind us who that is?

  • Yes, thank you. And who is "Gaffa"?

  • Mr Munyard, that Black Jah you just referred to - I am pretty sure I know the answer to this - but I think that came up in evidence last Wednesday.

  • Yes.

  • And this witness made a specific point of spelling that for us and he spelt it J-A-R. He was quite definite about that, but I notice here in these notes, and not just on this page, it is spelt J-A-H. I am presuming that both of those references, J-A-R and J-A-H, refer to the one and the same person, Gullit, although I think that ought to be made clear.

  • I will deal with that, your Honour, certainly:

  • You spelled Black Jah J-A-R, as in mayonnaise jar, an item that we have heard quite a lot about in the course of this trial. Do you remember spelling it jar as in mayonnaise jar?

  • Yes, I recall that I spelt it that way.

  • Why did you spell it that way in your evidence?

  • Well, it's a proper noun, but all sounds the same. It's a proper noun. So it's up to you which one should serve as the standard, but it's a proper noun. I am not referring to - it's just a code name. It was just there to represent Gullit. It was just there to represent Gullit as a person. I am not referring to a jar or whatsoever jar.

  • Mr Witness, J-A-R means a bottle. J-A-H means God. How can it be the same?

  • Well, it is the spelling. What I mean, all refers to Gullit. The jar refers to Gullit and nobody else.

  • Right. Had you forgotten how to spell his name when you gave your evidence last week?

  • Well, I have agreed that I spelt it that way before this Court, but it escaped me. Of course I am a human being and even your own name it's possible that I can forget the spelling.

  • Don't worry about my name. We are only concerned with Gullit's name. Do you think that when you gave your evidence last week that your memory had let you down due to the passage of time?

  • My memory did not let me down. It's not a matter of letting me down, but I am a human being.

  • So you say that your memory is as good in 2008 as it was on 30 April 1999, yes?

  • I am telling you that I am a human being. Even when one is writing a letter it's possible you make mistake. Even when you are writing whatsoever thing it is usual that you can make mistakes.

  • Well, I hope that the earlier answer deals with Justice Lussick's point. He has made it clear it is one and the same person:

  • Now, let us have a look at that particular entry. Is this all your printed handwriting followed by your signature?

  • Thank you. And the message from Foday Sankoh, the leader, to these four named persons is, "Info" - before we look at the message "Info - Log", does that mean for the information of Sam Bockarie, Log being one of his aliases?

  • Thank you. I am going to try and read out the words if in full where they appear abbreviated in the log, so you tell me if I am translating the abbreviations into the wrong word:

    "Reference my directive relating to your movement to Togo, I am again reinforcing that you people should move to Kailahun so that helicopter will pick you up for transmission to Togo. Your delegation is very important for us to reach a unanimous proposal for the forthcoming negotiation. Let us forget all differences and comply strictly with my directives. When I come on the ground I will solve all problems. The helicopter will pick you all from the border and other brothers who are presently in" - and I can't see what that final word is. Are you able to help us? I am not saying it is necessarily important. Are you able to work out what that last word is?

  • "As the other brothers who are presently in Togo".

  • In Togo, all right. What were the differences between all of these people to which Foday Sankoh was referring?

  • It was the infighting that was existing by then. The infighting that was going on between them by then.

  • Yes, the RUF movement was tearing itself apart internally during 1999, wasn't it?

  • It was tearing apart and bringing together. Tearing apart and bringing together.

  • Amongst other things, Superman had led an attack on the other RUF commanders including RUF Rambo, who I think was Boston Flomo, is that right? I might have got that wrong. Is RUF Rambo Boston Flomo?

  • Thank you. He led an attack on a group including RUF Rambo that led to RUF Rambo being murdered and Issa Sesay being injured, didn't he, in March of 1999 in Makeni?

  • Whom did you say went and attacked RUF Rambo?

  • Superman.

  • And killed someone as important as RUF Rambo, yes?

  • Turn over the page, please, to 8640 and look at the message again in the second half of the page. From the Lion to Black Jah, Brigadier Mani and Gaffa. Subject, directive. The date of this is 15 May 1999. Where were you on 15 May 1999?

  • Just help us with this: Before we look at the body of this particular one, go to the top of the page. The previous message is on 1 May - I'm sorry.

  • This is a just a small point. I think counsel said 15 May '99 and I believe it says 1 May '99 and it does make a difference just because of where the Lion was at that point.

  • Yes, Mr Santora is absolutely right. I am misreading and the point I was then going to make becomes irrelevant now. Thank you, that will speed me up a bit:

  • "Subject: Directive. You are instructed to follow my directives dispatched to you relating to your participation in the Lome consultation. The helicopter will not be able to pick people up from inside Sierra Leone to" - and then I can't read that next word. Do you know what the next word that looks as though it ends in E-R-I-A. Is it Liberia?

  • Yes.

  • Thank you:

    "You should report to Kailahun where you will be transported to Monrovia for onward transportation to my location (Lome). Strictly comply to this order and make sure you participate in the current talks in Lome. Also obey my last orders and make transmitted to Gibril relating to the movement of Joseph Momoh" - I will re-read this in a moment - "to Kailahun."

    I think I have read a word that was crossed out:

    "Also obey my last orders transmitted to Gibril relating to the movement of Joseph Momoh to Kailahun. He should by all means report to Kailahun without delay."

    Is it right that Gibril Massaquoi had in his custody former President Joseph Momoh of Sierra Leone, the man overthrown by Captain Valentine Strasser and the NPRC in 1992?

  • Well, no, Gibril did not have Joseph Momoh under any custody.

  • Right. Well, help us then with what that means. What were his last orders transmitted to Gibril relating to the movement of Joseph Momoh to Kailahun?

  • Joseph Momoh was with Brigadier Mani and he was not under custody. In fact, Brigadier Mani refused Mosquito's orders. When Mosquito sent to them asking that they should send all the politicians that had been captured by then, he said they should send them to Kailahun, by then Brigadier Mani had Momoh.

  • Stop. Mr Fornie, I asked you what the last orders transmitted to Gibril were relating to the movement of Joseph Momoh. Just tell us what that "last orders" refers to, if you know.

  • It was to collect Joseph Momoh and take him to Kailahun.

  • Thank you very much. Now, I would like you to look halfway down the page, 5 May 1999, from the Lion to Equaliser. Who is Equaliser?

  • Thank you. Brigadier Mani, Black Jah and Gaffa through Planet. I can't remember if you identified Planet last week. Who is Planet?

  • It was another code name for Mosquito.

  • Yes:

    "You have violated my directives given you for more than three days. You will be accountable for any breakdown towards that axis."

    Next message, the date is less year, but again it looks as though it is on 5 May 1999, from the Lion to the same group of people through Mosquito:

    "I'm still instructing that you should move to Kailahun for my point (Lome) as Gen" - is that general - "will be at Kailahun tomorrow to receive you people."

    Is that what Gen refers to?

  • Yes.

  • Thank you. If we turn over now a couple of pages to 864 --

  • That is General Ibrahim that he was referring to.

  • All right. If we turn to page 8643, 12 May 1999, from the Lion to Log, Log being Sam Bockarie, subject, two religious groups from the RUF/SL zones to travel to Togo - Lome:

    "The inter-religious council of Sierra Leone have kindly asked the leader in person, Corporal Foday Sankoh, to please send both the heads of Christians and Muslims to travel with General Ibrahim to meet me in Togo and to meet the above named group already approved by me."

    And then he names a Christian and a Muslim leader and the Muslim leader:

    "Alhaji Omaru Sesay-Namima, the district chief imam of the RUF/SL liberated zones. Please arrange faster for these people to come with General Ibrahim. Many regards to all."

    Now, the liberated zones was the RUF expression for the areas under its control, wasn't it?

  • Yes.

  • And within the liberated zones the RUF ran schools, hospitals, clinics and so on, yes?

  • Thank you. Next message also on 12 May, to Foday Sankoh, to the Lion, from Superman. Subject, information:

    "Sir, Gaffa and Lieutenant Colonel FAT Sesay have left as a delegation to your location. Very soon you will receive them. I did not go because of the security situation on the ground. I'm doing my level best to contain the situation to our own advantage."

    Now, there is Superman saying that he is not yet travelling to Togo. Was Foday Sankoh pleased with Superman saying that he wasn't obeying his order to proceed to Lome, to Togo?

  • Well, Foday Sankoh was not happy over the issue really. He was not happy over the issue.

  • Indeed if you turn over the page to 8644, the second entry on 13 May, from the Leader to Superman. Subject, response:

    "Reference your last message dated 12 May 1999, your staying at OK67 is not approved by me. You are to report to Kailahun for onwards movement to my location (Lome - Togo) as per my previous directive."

    And then if we turn over to page 8645 we see a message on 17 May from the Lion, that is Foday Sankoh, to Concord. Again I can't now remember if Concord was identified last week. Who is Concord?

  • That is Log's other code name, Sam Bockarie.

  • Right, and Log is Sam Bockarie, yes?

  • Subject, infos:

    "As per the result from the people's congress meeting at your location, the delegates were not to engage in any negotiation/peace talks with the government unless I am a free man. However, the development here is geared towards my release through political dialogues.

    I have therefore dispatched Brigadier Mike Lamin to brief you and get the view of everybody. He is to return within four to five days time to enable him take part in the forthcoming negotiation scheduled to commence on the 24th of this month. He will give you detail briefing upon his arrival. Extend my regards to everyone."

    So Foday Sankoh was making it plain, wasn't he, that the process was one of political dialogue at this time and not military action, yes?

  • You are correct.

  • Over the page, please, 19 May, the main entry on this page from the Lion, Foday Sankoh, to Log, Sam Bockarie: "Reference, you are to inform all soldiers and" - is that word that we can't see, is it "civilians", do you think?

  • No, no, no, before - it is civilians?

  • Soldiers and civilians.

  • Yes, when I said the word we can't see, I have realised on the screen it's perfectly clear. On the photocopy it isn't and I am grateful to Ms Graham for pointing that out.

  • Don't worry about my difficulties, Mr Fornie. We will start again with this one: "Ref, you are to inform all soldiers and civilians that eye have signed a ceasefire agreement with the SLPP government." That is the government of Tejan Kabbah, isn't it? Mr Fornie, SLPP government, government of Tejan Kabbah?

  • Mr Witness, did you hear the question?

  • And that is your answer.

  • "On the 24th day of May 1999 with a hope of creating an appropriate atmosphere conducive for the holding of the peace talks in Lome - Togo.

    Below listed are the rules binding the ceasefire:

    1. Agree to ceasefire as from 24 May 1999, the day that President Eyadema invited foreign ministers of ECOWAS to discuss problems pertaining to Sierra Leone."

    Now, pausing there, do you say that President Eyadema of Togo was also under the control of President Taylor in conducting these peace talks between the warring parties in Sierra Leone?

  • No, President Eyadema wouldn't have been under the control of President Taylor.

  • Thank you very much. Now, reading on from there:

    "It was further agreed that the dialogue between the Government of Sierra Leone and the RUF would commence on 25 May 1999.

    2. Maintain their present and respective positions in Sierra Leone as of 26 May 1999 and refrain from any hostile or aggressive acts which could undermine the peace process.

    3. Commit to start negotiations in good faith."

    Do you know why that reference to good faith was put in there by Foday Sankoh? Tell us if you don't.

  • That was the time for the RUF to be transformed into a political party.

  • No, it may be that I haven't explained what I mean. Mr Fornie, we have just looked at the beginning of point 3, "Commit to start negotiations in good faith involving all relevant parties in the discussion". Do you know what Foday Sankoh was getting at when he talked about commit to start negotiations in good faith, or don't you know?

  • To the best of my knowledge, that was to show goodwill. To show goodwill towards the negotiations.

  • Right. So are you aware of bad faith on the part of the Sierra Leone government in past peace negotiations?

  • I did not get you clear.

  • Well, you remember I asked you questions about what was actually going on on the ground in Sierra Leone during the Abidjan peace talks in 1996. Do you remember that?

  • And you agreed that while the SLPP government was talking peace in Abidjan it was acting in bad faith in invading Zogoda. Do you remember?

  • Thank you. Over the page, please:

    "Not later than 25 May 1999 in Lome - Togo.

    4. Guarantee safe and unhindered access by humanitarian organisations to all people in need, establish safe corridors for the provision of food and medical supplies to ECOMOG soldiers behind RUF lines and to RUF combatants behind ECOMOG lines."

    Pausing there. It's right, isn't it, that the RUF did have a medical system - a healthcare system - in place in its own liberated zones? I think we have already dealt with that, but I want to ask you: Dr Williams, was he in charge of the RUF health provision system?

  • Dr Williams? Come up again. Which Williams are you referring to?

  • Are you aware of a Dr Williams being involved in running the RUF healthcare system? Tell us if you're not.

  • Well, the Dr Williams that I know about was OSM coordinator, Organisation For the Survival of Mankind.

  • Right, what is OSM?

  • That is what I have explained. Organisation --

  • Sorry, For Survival Or Mankind. Right. You also had - you had in the RUF a very well-known nurse, didn't you, a lady?

  • We had so many well-known nurses.

  • I am thinking of one in particular, Nurse Susan. Can you remember her?

  • Except if you call the name, because I knew so many well-known nurses.

  • This is a nurse who died suddenly. Can you remember her?

  • Mr Witness, did you hear the name given by counsel? The name given was Susan.

  • Okay, I knew the late nurse Susan.

  • And she put in a great deal of good service providing healthcare to people within the RUF liberated zones, didn't she?

  • She was a dedicated and devoted healthcare official, yes?

  • Right, I broke off from this - or the various points in this particular message:

    "5. Immediate release of all non-combatants and prisoners of war.

    6. Require" - I am not sure what that word means - "the UN subject to the Security Council's authorisation to deploy" - yes, it is, "Require the UN subject to the Security Council's authorisation to deploy military observers as soon as possible".

  • Please you are going fast. You are going too fast.

  • Either request or require "the UN subject to the Security Council's authorisation to deploy military observers as soon as possible to observe compliance by the government forces (ECOMOG and CDF) and the RUF including the former AFRC forces, with the ceasefire agreement."

    Now, that was a very important demand being made by Foday Sankoh, wasn't it, that the UN deploy military observers to ensure compliance by the government - by all parties, all the military combatants, to the ceasefire? Do you agree?

  • Yes.

  • And the ceasefire was regularly broken by the CDF forces in particular, also known as the Kamajors. Do you agree?

  • Thank you. The next point:

    "This agreement is without prejudice to any other agreement or additional protocols which may be discussed during dialogue between the government and the RUF.

    With regards to the above listed areas" - I think that is - "spelt out in the agreement, you therefore take the following points into consideration:

    1. Set up checkpoints in all places under your control.

    2. Search all vehicles entering your zones for arms and ammo.

    3. You should lose no grounds already held as of 24 May 1999.

    4. No military vehicles or personnel should pass through your zones with arms and ammo.

    5. Do not harass any civilians or take anything from them as it is against our code of conduct."

    Pausing there. Foday Sankoh had always been very anxious that the RUF did not harass and harm civilians, hadn't he?

  • Yes.

  • And he punished people who were caught harassing and harming civilians, didn't he?

  • Well, those that he saw, those that he heard about.

  • Not all. The cases that he heard about, he punished them.

  • And indeed you told the Prosecution that in one of your many interviews, didn't you?

  • Thank you:

    "6. Any attempts by the enemy to infiltrate our positions as they did in 1996 is seriously liable to repel and pursue to the point of origin."

    What is that reference there to 1996 and repelling people back to their point of origin?

  • Like in 1996 whilst the peace talks were going on in Abidjan, the government had put the Kamajors - I mean the CDF together to attack our various positions. So this time around Foday Sankoh said we shouldn't compromise. He said Mosquito and others shouldn't compromise at all, because by then he was still talking to us that we should be patient. We should be patient. But this time around during the Lome Peace Accord he did stress that Mosquito and others should not compromise at all, he said, if there was any attempt from the enemy side.

  • Because the RUF had, to use an English expression, got their fingers burnt last time they talked peace with Tejan Kabbah, hadn't they? Do you know what I mean by "got their fingers burnt"? Tell me if you don't and I will use another expression.

  • I did not get you clearly.

  • The RUF felt they had been led into a trap last time they talked peace with Tejan Kabbah, didn't they?

  • Point 7:

    "All soldiers should keep to their territories and avoid too much of" - now that PTLS I am not sure what that is - "most especially in the enemy zones."

    Just tell us what PTLS stands for.

  • "8. Allow humanitarian organs to pass through your areas/zones as spelt out in point 4 of the agreement, but not with arms and ammo. My best regards and greetings to all the men."

    Now, over the page, to the first entry there, 21 May 1999, to the Lion from Brigadier Kallon. Is that Morris Kallon?

  • I have not seen the area. I have not seen the page. I have not sign the page yet.

  • Page 8649. The first entry on that page, 21 May 1999, to the Lion from Brigadier Kallon. Is that Morris Kallon?

  • Subject, response:

    "Sir, reference to your last message from Kono, Magburaka, Makali, Matotoka, Masingbi, Mabonto and other important towns are under our control in the northern province. Only Superman and others still causing problems and harassing around my areas."

    So still in the middle of the peace discussions and in the middle of 1999 Superman was still causing problems within the RUF, infighting against his former colleagues or alleged colleagues in the RUF, wasn't he?

  • Well, in respect to that message it was not just Superman. The problem was on both sides.

  • Well, I am not suggesting it wasn't just Superman and indeed some of the other messages will show others, but Superman was one of the big causes of trouble, wasn't he? Do you agree?

  • Superman was one of them who caused troubles, but he was not the one who caused most of the trouble or more troubles.

  • Did anyone else murder another leading figure in the RUF movement such as Rambo?

  • It was not just his colleague RUF men.

  • Next message, 24 May 1999, to the Lion from Superman. And then for information to all stations. Just bearing with me for a moment, was there a problem with Foday Sankoh actually being able to transmit his messages to Sierra Leone and receive messages back during this particular time?

  • There was no problem with that. That was the reason why I was in Lome to receive and transmit messages.

  • Yes, but were there times when Foday Sankoh had to give special warnings to the people on the ground to make sure their antennae were sufficiently high to be able to communicate? Was there anything like that?

  • Well, in that case I can say it's a natural problem in communication. Definitely no-one can do away with that. More so sometimes when the weather condition does not favour the transmission well sometimes.

  • Right, thank you. Then the body of this message from Superman to Foday Sankoh:

    "Your message was received and all contents bearing full apprehended. I stand to respect and obey your command and at any point in time. You are honoured as our leader and commander in chief of the RUF/SL.

    In my own capacity as a battle group commander appointed in your absence by Lieutenant Colonel JP Koroma and Log" - Sam Bockarie - "I would like to explain the role I have played. And even in your presence, above all I have always expressed loyalty and dedication to the cause that has blended us together. Therefore on no account will I stand to challenge a course that I know stands for our benefit.

    If you could recall, there has been series of problems created by people towards our lives. Even before the phase 2 operation started, I would have joined the operation along with you but because of fracas that arised between myself and Log" - Sam Bockarie - "I couldn't join up, not until later I join operations with the late brother Papa to establish a jungle with the sole intention to ease burden on troops you were advancing with."

    Who is the late brother Papa, if you know, that Superman is there referring to?

  • We had two Papas. I knew about two Papas. We had a Papa in the RUF who died. We had one in the RUF who died during the Zogoda episode, and there was also another Papa who was an SLA.

  • Right. Lots of people are referred to as Papa, aren't they, depending upon their age of course?

  • "Of course since that operation nothing actually happened again between myself and any commander". Now, that is complete lies, isn't it, because he had murdered Rambo in March of 1999? Do you agree?

  • Well, I partly agree with that.

  • "Until you left for the Abidjan peace talks I maintained my command and area of responsibility. Zino of course was called upon from my jungle to take over command at Zogoda.

    Zogoda fell in your absence and up until now Zino is at large. I listened and obeyed the instruction sent by you to join forces with the AFRC. But even that again was misconstructed" - I think that presumably means misconstrued - "by the high command on behalf of the entire RUF main thrust to Freetown that I am sure can be possible reason for our unwarranted withdrawal from Freetown. With all these mistakes on the part of our commanders, I still tried very hard to maintain my hold on Kono."

    So he is complaining about lots of mistakes by other RUF commanders there, isn't he?

  • Yes.

  • "And I can tell you that since our withdrawal from Freetown the enemy never captured the entire township of Koidu (Kono). Every combatant in Kono can attest to that.

    From Kono, I organised operations for Kabala, Makeni and Freetown. But before that there were lot of apprehensions from the SLA towards the RUF because of the unlawful reputation of their brothers."

    Do you know what he is referring to there?

  • Would you like to enlighten us?

  • Well, it was about the problem that was prevailing between Sam Bockarie and Johnny Paul. That is what he is referring to; what happened in Buedu to Johnny Paul.

  • Well, "The unlawful reputation of their brothers", what does that mean, if you can help us?

  • Well, so many things happened within the RUF and the AFRC. So many things happened between the two groups and, just as I have told you, like in the case of the AFRC they did not recognise - most of the AFRC did not recognise the RUF, their ranks and positions. And the RUF too at the time we had now returned to the jungle, we too said we are the kings of the jungle, so they were supposed to be under our control. So those were some of the things that happened, amongst others.

  • Thank you:

    "Upon arrival in their midst, reference your message after 25 May coup, I was able to ease that tension and that gave their fullest cooperation that has reached us to this point."

    Well, that's complete nonsense, isn't it, from what you have just been telling us a moment ago?

  • Far from the RUF and AFRC enjoying fullest cooperation up to this point, they were at each others throats, weren't they?

  • Well, at some point they were cordial, but at some points there was no cordiality. I told you that there were minor problems that were happening. Sometimes they would have peace and then sometimes they would go at loggerhead.

  • The next paragraph, please:

    "In Koinadugu again after the attack and capture of Kabala, I was threatened by Log" - Sam Bockarie - "after all my efforts. Of course, that problem, according to the People's War Council was harmonised. But when we got again to Makeni after a tedious fight and casualty a troop was also organised by Brigadier Morris Kallon and others to harm me, but by God's praise I was able to escape.

    The problem that led to the death of Rambo was not intentional. After you tried to speak to Log" - Sam Bockarie - "on one or two occasions, I was instructed by you to try very hard to know from them why they didn't talk to you. On my way to Makeni I was ambushed and a major died from my group. From that time there was a fire fight that led to the death of the late brother (Rambo). Indeed he was given a good burial at the Makeni Town Hall."

    So he was trying to say that Rambo's death was an accident and they made up for it by giving him a good burial, was he, Superman?

  • That is what he said, just as you have rightly read it.

  • Thank you: "Also, the information that I insulted all the" - and what is "C/signs"?

  • So all the individuals do you mean by that?

  • Stations. All stations.

  • "Also, the information that I insulted all call signs and that I seemingly become an enemy is not correct. It was Log that ordered all stations to refrain from talking to me."

    Now, that refers to the evidence you gave the other day that at one point Sam Bockarie banned everyone in the RUF from contacting Superman on pain of death. That's correct, isn't it?

  • "But nevertheless we remain committed to the cause". And he goes on at the end of that to declare his loyalty to Foday Sankoh. I am not going to read the rest of that. I want to move forward several pages to page 8654 - actually, no, I am not going to spend time on that one. 8658, please. This is a message to Planet from Survival. Survival is Issa Sesay, isn't he?

  • Yes.

  • For information, O/S Vision One. What does that mean?

  • Info, for the information of Vision One. That was my call sign that he was referring to.

  • So you're Vision One, are you?

  • Yes, that was my call sign in Togo. That was for me to inform Foday Sankoh.

  • Subject, infos:

    "Sir, below are the towns where the ceasefire has been violated by the Kamajors and the Nigerian Alpha Jets. Segbwema and Mobai in the Kailahun District. Layia, Kaimado and Koidu Town in the Kono District. Tongo in the Kenema District. Matotoka and Makeni in the northern province. Please accept info for necessary action."

    That is dated 5 June 1999, so ceasefire violations by the Kamajors were being reported as early as June 1999, weren't they?

  • I did not get you. I did not get the question.

  • Ceasefire violations by the Kamajors were being reported as early as June 1999, a matter of weeks - just a couple of weeks after the ceasefire agreement had been signed in Lome, yes?

  • Over the page, 8659, to Smile from Gaffa. Gaffa is Gibril Massaquoi and Smile is the leader, yes?

  • Subject, report, 11 June 1999:

    "I safely arrived on base on 9 June 1999. All instructions given to be passed on to Superman has gone through. There will be a forum tomorrow, 12 June, including all commanders and senior officers to put all messages together addressed to them, especially taking orders from Log" - Sam Bockarie - "and all necessary arrangements.

    Besides that I may be visiting all targets to talk to the men pertaining all instructions and informations about how the peace process is going on and what are our own stand.

    I spent two days in Abidjan, one day in Guinea and just after that I was in our territory. I started talking to the men right from Kabala axis about the peace process and the instruction given."

    Pausing there. Was it the job of RUF commanders to go round the various territories explaining in person to the combatants what the peace process involved and all those rules we earlier saw Foday Sankoh laying down?

  • Yes.

  • Thank you. And Foday Sankoh meant those rules to be adhered to, didn't he?

  • He was serious about the peace process, yes?

  • Thank you. Continuing on here: "I will be talking to the signallers to make sure they erect their antennas properly for better communication with you." There was a problem, wasn't there, with communications?

  • I have told you about the various problems that communication gets. There are bound to be problems.

  • I'm not going to read the rest of that message. I am going over the page to 8660, a message on 12 June 1999 to Smile, Foday Sankoh, from Concord. Concord is - is that Issa Sesay?

  • Wrong. It is Sam Bockarie.

  • Sorry, yes. From Sam Bockarie, Concord, subject, intrep. Intrep, is that an interim report?

  • Sorry, intelligence report:

    "According to intelligence report received, the enemy (ECOMOG) have planned to launch a massive offensive attack on all our positions by next week in order to break the ceasefire. They are presently building up their defensive positions as follows. Alpha. Four PAE trucks loaded with enemy troops have been deployed within Gberray and Port Loko. Bravo. FM Waterloo to Mile 47. Charlie. FM Waterloo to" - is that Masingbi bridge?

  • Mabang bridge. Thank you:

    "Our own troops have therefore decided to desist from movements towards enemy defensive position. Also, we are all on maximum alertness to deny enemy proposed intention. Please accept for your information and necessary action."

    So again there was a very considerable fear on the part of the RUF that not just the Kamajors but also ECOMOG were going to use the ceasefire to attack them militarily, wasn't there?

  • According to what I monitored, that was what they stated.

  • Right. Next page, 8661, 12 June 1999, to Smile from Concord. Subject, situation report:

    "On 10 June 1999, 14 of our men which includes senior officers went to talk to civilians in our liberated zones at Masin and Maroni and they were abducted by the enemy (ECOMOG troops) that are deployed at Loko-Masama.

    After the abduction of our men they were taken to Lungi garrison and were forcefully disarmed by the ECOMOG commander there (Lieutenant Colonel Bon), later dispatched them to Freetown."

    And it goes on to deal with other matters relating to that incident. So the RUF combatants were being forcibly disarmed contrary to the agreement, weren't they?

  • According to the message that was what they stated, yes.

  • The next page, please, 8662, the entry at the bottom of that page, 19 June, to Smile from Concord again:

    "The Kamajors attacked Kantia village in the Kambia District on 16 June. We successfully repelled them and captured the following from them "- and then he lists items that were captured.

    And that's right, isn't it; the Kamajors never really subscribed to the peace agreement, did they, or the ceasefire, I should say? The Kamajors kept going. They kept on fighting, didn't they?

  • According to reports that I received from the ground, that was what it indicated.

  • And you had no reason to doubt those reports, did you?

  • And the Kamajors were out of control - were either out of control of the government or the government chose not to control them, do you agree?

  • Well, it's possible that it's one of those reasons that you have spoken about.

  • Right. 8665, please. The second entry on that page, 27 June 1999, to Smile from Concord:

    "Makoni Junction which is between Masingbi and Makali was attacked yesterday by the Kamajors but they were repelled successfully.

    Simultaneously another attack was carried along the Guinea border along Kono axis by both the Guineans and the Kamajors in a village called Gberefeh but they were also repelled accordingly. 40 Kamajor badges were captured including vital documents from the Guineans.

    Moreover the Nigerian Alpha Jet is still carrying on continuous raids in the below listed towns."

    And it lists Madina, Kamakwie, Rukupr, and Mambolo around Kambia. So almost from the time the ceasefire was signed the Kamajors and some of the others are violating it, yes?

  • Yes.

  • Now, I want to touch briefly on the message below the one we have just looked at. It is dated 28 June and it is from Foday Sankoh, the Lion, to Dr Williams through Concord. Dr Williams you have told us is the OSM doctor:

    "You are to give a specific location to the United Nations High Commissioner for Refugees team as to where you want their plane to land."

    So they were allowing the UNHCR into RUF territory, is that right?

  • It was during the Lome Accord.

  • Over the page, please. The next day, 29 June, from Hero. Is Hero the leader?

  • So that's yet another one for Foday Sankoh, another alias?

  • Yes.

  • To Satellite, that's Sam Bockarie, yes?

  • "I advise you not to allow the Nigerians, Togolese and the Liberian delegates to be present while studying the documents. I say again, you should not allow them to be around or even not to influence you to take decision.

    Please study it properly and your decision should be in the interests of the RUF, SLA and the people of Sierra Leone. Any decision taken, put it in black and white, which should be confidential, and give it to Pa Rogers to come with it with the rest of the delegation.

    To reinforce my previous orders, make it a point of duty to release the ten Nigerians prisons of war to the delegation. Finally you should not allow anybody to influence you and your brothers and sisters."

    Now, there Foday Sankoh is saying do not let the Liberian delegates influence your decision making. So what's all this you're telling us, Mr Fornie, about how Charles Taylor was running the whole RUF show, in the light of that particular message?

  • Well, I am telling you that when Foday Sankoh was away it was from Mr Taylor that Mosquito was seeking advice. Like even in the case of the disarmament - I mean the going to Togo and to maintain the temporary ceasefire, Sam Bockarie at first consulted with Mr Taylor even before he accepted what Foday Sankoh said, because by then Foday Sankoh was in Freetown, amongst others.

  • And you have been telling us a lot of rubbish, haven't you, about Charles Taylor being the commander in chief of the RUF and running the whole thing?

  • When Foday Sankoh was away it was from Charles Taylor that Mosquito or Issa and others sought advice.

  • Foday Sankoh is still away at the time that he sent this message. He is still not back in Sierra Leone.

  • Well, although he was not in Sierra Leone, but at that time he had direct access in talking to the combatants. He had access to talk to Mosquito by phone, he had access to talk to all stations by radio and he had access to take free will or take decisions of his own.

  • Over the page. Another one on 29 May. I don't want to go through this. It is to the leader, Hero, through Satellite, Sam Bockarie, from Dr Williams, the OSM coordinator, and it says, "Be informed that serious contact with the NGO started" --

  • I have not seen there yet.

  • Sorry, it should be page 8668. It's down in the middle of the page. The number has been crossed out several times.

  • And, Mr Munyard, you have incorrectly cited the date as 29 May.

  • I am sorry, your Honour. You are quite right. 29 June:

  • "Be informed that serious contact with the non-governmental organisation started since 20 June following my previous dialogue with the Medecins Sans Frontieres branch in Togo. I'm happy to inform you that we are making progress. MSF is due in our Kailahun zone on 2 July 1999 during which we will conduct a joint survey followed by a meeting."

    So efforts were being made at this stage through the RUF to get medical assistance and supplies into the RUF controlled zones, weren't they?

  • Over the page to what is listed as 8668A, stamped in the middle of the page, and I want to look at the 1 July entry below that. To Smile through Concord from Major Jackson Swarray (Ray). Now, he was who?

  • He was a bodyguard to Foday Sankoh.

  • Thank you:

    "Sir, all your advices given concerning the infighting is not implemented accordingly. As I'm speaking Rocky CO is on the move because he was attacked by troops of Sparrow."

    Sparrow is Morris Kallon, is that right?

  • "He was attacked by troops of Sparrow last night. Even your bodyguard Major Yavay was under duress and carried to the zone of Sparrow.

    Moreover, 200 ULIMO fighters (armed men) chartered by SSS" - that's Sam Bockarie, isn't it? Or is it? Who is SSS?

  • That is Senior Solar System, a code name for Issa Sesay. Senior Solar System, a code name for Issa Sesay.

  • "Moreover, 200 ULIMO fighters (armed men) chartered by SSS are presently at Magburaka standing by to attack both Lunsar and Makeni."

    Over the page:

    "Sir, according to information Concord has decided to base at Kono to receive you and make sure he drive out Superman from Makeni to the bush."

    More infighting within the ranks of the RUF, yes?

  • And when he gets that we see the reply there from Hero on 1 July to Satellite and for the information of what looks like Taughest, Sudden and Major Ray. Who is Taughest, if I have pronounced that correctly, and who is Sudden?

  • I have forgotten. I have forgotten the people.

  • And the wording:

    "You should instruct Sparrow no to launch any attack on Makeni. This is to reinforce my instruction the last time that there should be no infighting."

    So the leader is very concerned about the way the RUF has split and is fighting itself, isn't he?

  • When they were fighting each other and had the same RUF name, that did not mean there was a split. There was an infighting of course, but everybody was operating under the umbrella of the RUF, under the same name.

  • And killing each other at the same time, yes?

  • Thank you. Over the page, 8670, 3 July 1999. This is a reply to Smile from Concord. Subject, response:

    "Sir, reference to the message sent by Major Ray, mercenaries have never fought alongside the RUF. This is a clear indication of lack of respect for command and the intention of Superman to organise along the Makeni axis to continue causing problem."

    Then if you go down, miss out the next three lines:

    "1. Sparrow reported on 30 June 1999 that he had a dialogue with Brigadier Five-Five. He stated that he will attack Sparrow on 1 July 1999."

    So, Brigadier Five-Five is on the radio to Sparrow, to Morris Kallon, telling him he is going to attack him, yes? Is that right?

  • Translator, please,

  • Your Honours, could counsel repeat his question.

  • Brigadier Five-Five is on the radio to Morris Kallon telling him he is about to attack him? That's what that means. Had a dialogue means spoke to, doesn't it?

  • Your Honours, the interpreter wants counsel to kindly repeat the line that he read.

  • It's a question actually.

  • Is it just one line, Mr Interpreter, you require?

  • It is the passage, to read it clearly.

  • You mean you haven't heard the complete passage?

  • Very well. I will read the passage again that I read. I won't repeat the question that I asked.

  • The problem, Mr Munyard, of course is the distance between you and the microphone which maybe isn't helping.

  • The distance between you and the microphone really is the cause.

  • Yes, my difficulty with this is I can't read the screen and read what is on my lectern without moving away from the microphone.

  • No, I fully appreciate the problem.

  • I'll try and get it nearer:

  • The passage I read was: "Sparrow reported on 30 June 1999" --

  • Start it for me to see. Okay, I have seen it.

  • No, you bear with me for a moment, Mr Fornie. I am just reading the passage again so that the interpreter can get it:

    "Sparrow reported on 30 June 1999 that he had a dialogue with Brigadier Five-Five. He stated that he will attack Sparrow on 1 July 1999."

    That was the passage. I am not going to read any more of that. That clearly is a message about infighting.

    Over the page, 4 July 1999, from Smile to Concord with an information to all stations. Subject, directive. Directive means order, doesn't it?

  • "Reference to my last instructions. Any attempt by anybody to create infighting while the peace talks is ongoing in Lome will face the consequences. All commanders and their troops should stay at their locations. I will not tolerate any attempt that will jeopardise the present peace talks. Therefore, all commanders are to comply strictly to my instructions."

    Then at the foot of the page it reads:

    "I would like to talk to all commanders this evening. Instruct all operators, especially those in Kono and the north, to erect their antennas from 18 to 24 feet for better communication."

    So there was an ongoing problem in communicating - sorry, I am just going to pause for a second.

  • I have told you that problems used to come up with the communication. That was an on and off thing.

  • Particularly in Kono and the north, yes?

  • Well, for some stations. For some stations even in Kailahun, some stations in Kono and some stations in the north.

  • Right. Now, Mr Fornie, you say that people in the RUF at a high level dealing with Mr Taylor, what did they call him? How did they refer to him?

  • You mean how people like Mosquito and Issa used to call Mr Taylor? Is that what you mean?

  • How would they refer to him if they were speaking to one another?

  • Well, I told you that I overheard Sam Bockarie talking to Benjamin Yeaten for Mr Taylor's consent and not to Mr Taylor directly and at that time Mosquito was answering Benjamin Yeaten as, "Yes, sir".

  • No, would you like to think about the question I asked you before you give us that little gem yet again. Go back to the question and don't keep repeating other things.

  • I object. Counsel asked the question if they were speaking to one another and the witness simply answered the question of what he heard with regards to references to him, but he said that he did not hear them speak to one another. So the witness did answer the question.

  • Just a minute, please, Mr Witness. Mr Santora, I don't think it answers the question. The question is how would they refer to him. In other words, I interpreted that to mean what terminology or name would they use.

  • That's the way I interpreted it and that is not what the witness answered, so I would allow the question to be put again.

  • Mr Fornie, you have told us in earlier evidence that they referred to him as the Papay, or Pa, I think. Is that right? Is that how these senior RUF people used to refer to Mr Taylor when talking to one another about him?

  • What about Brother? Did they ever refer to him as Brother?

  • Big Brother. That was how Foday Sankoh - that was how Foday Sankoh used to refer to Mr Taylor.

  • Really? Is that right?

  • Did he ever refer to him by any other name?

  • Well, most times he called him Brother and when he is talking sometimes he will say, "I and my Big Brother".

  • Right. Over the page, please, to page 8672, the entry on 5 July. From Smile, Foday Sankoh, to Scorpion. It's a while I think since we had Scorpion. Scorpion is who?

  • It should be Sam Bockarie. Sam Bockarie. It was Sam Bockarie.

  • Subject, flash. Who or what is flash?

  • Please put it down a little. I want to see the beginning. Flash. Flash means a message that should not delay at all. Prompt action had to be taken.

  • Right. I want you to look at the second paragraph of that message:

    "Colonel Eddie Kanneh, Major Sheku Kumba and the other one person from your point are to move today to Foya as they will be picked up by helicopter to Monrovia. They will later join President Taylor to meet me at Togo."

    That is from Foday Sankoh, isn't it?

  • Yes.

  • Page 8674, 7 July 1999, from the leader to General Sam Bockarie and for information of all the men and women of the RUF/SL:

    "Inform all the men and women of RUF/SL, the civil society and religious groups that I will be signing the peace accord today. I and my delegation in Lome have negotiated in good faith and have reached a compromise. Last night four Head of States - President Charles Taylor of Liberia, Blaise Compaore of Burkina Faso, Obasanjo of Nigeria and Gnassingbe Eyadema of Togo met with me and President. We have managed to reach an agreement finally. I will be released before the signing of the accord today."

    And then he goes on to issue a call to remain united. Over the page, the last paragraph of this message:

    "When it is announced that I am released the soldiers should not discharge their weapons. Firing must not" - I don't know if you have got this yet on the screen?

  • I am only getting it now.

  • All right. I will read this again:

    "When it is announced that I am released the soldiers should not discharge their weapons. Firing must not take place. Every soldier must abide by this directive."

    So Foday Sankoh was very concerned that nobody should do anything even in celebration that might give the appearance of aggression, wasn't he?

  • Well, it is not celebration. He said nobody should shoot even when you were celebrating. Nobody should do something wrong like firing. That was what he was referring to.

  • I think we are agreed on that, but we just have a different way of putting it, Mr Fornie. Page 8678, please, 15 July 1999. This is to Concord through Brigadier Issa Sesay for the information of Smile from Brigadier Kallon:

    "Sir, upon the instruction by the leader for me to proceed to Makeni, I did so three days ago. Upon our arrival at Makeni, we were highly received by Brigadier Mani, Brigadier Gudith and Pa Demba Mara. They tried their level best to bring us together, but upon the arrival of Colonel Gibril Massaquoi, Lieutenant Colonel Nya and Brigadier Isaac, they stated that they will never work with me."

    Now we know Gibril Massaquoi. Who is Lieutenant Colonel Nya referred to in this message?

  • Nya is the same signal commander.

  • The one you call --

  • Nya Korto, former signal commander.

  • Nya Korto. You have never heard him referred to as Foday Lansana, have you? You told us that yesterday.

  • I don't know him for that name.

  • Thank you. Brigadier Isaac is who?

  • Do you happen to know if those three men have remained if not friends, then in contact over the years since 1999 where we are looking at this message?

  • Those three named there.

  • We are dealing with a lot of names in here. Be specific, please.

  • Try the three that we have just been looking at.

  • There on the page. You have just been telling us who they are or who they aren't.

  • Mr Munyard, please repeat the three names.

  • Massaquoi, Lieutenant Colonel Nya and Brigadier Isaac. Have they remained in contact as far as you are aware since that time?

  • Well, since that time we were not all together any longer. They were not all together at a certain point in time of course. They were going into different directions.

  • But just help us. Have you been in contact with any of these three individuals since July of 1999?

  • July 1999, yes, I can remember I was in contact with them until up to - like Gibril, until up to the ending of the war. Nya and Isaac, I can remember they were among the people who were at Foday Sankoh's lodge in Freetown and who were arrested and taken to Pademba Road, Nya and Isaac.

  • Mr Fornie, since the Special Court was set up have you been in contact with any of these three named individuals named in this document?

  • It took a long time after the end of the war. I and Gibril Massaquoi did not sit together. We never spoke. Also Isaac - like Nya, he was my former commander. We met once in Freetown. I and Nya met once in Freetown.

  • Only once?

  • I was - I had just alighted a taxi around the Brookfields area. He was going home. While he was going, I was coming. At the lodge, that was where we met.

  • Let me stop you there. You're saying you only met Nya, who had been your signals commander, by pure chance in Freetown?

  • Tell us what year that was.

  • It was some time last year.

  • Yes. And so having bumped into each other --

  • That was when he was just released from prison. At the time he was just released from prison.

  • And having bumped into your old commander, did you arrange to meet again?

  • We were not able to meet again. Of course we did promise to meet again, but we were unable to meet again.

  • Are you sure about that?

  • What about Gibril Massaquoi? When you say you didn't sit together again a long time after the war, do you know where he is now?

  • No, I do not know Gibril's present location.

  • Where was he the last time you heard about him?

  • The last time I heard about him when he went to Bo. They said he went to Bo. I knew that he was in Freetown, but I do not know if he is still in Freetown or where he is at present.

  • When were you told he had gone to Bo?

  • It was around last year. Some time last year.

  • And Bo is your home area, isn't it?

  • So have you gone to meet him when you have gone home to visit family and friends in the Bo area?

  • Not my friends and family members. His own friends and family members. In fact, when they told me I was not fortunate to meet him at all.

  • I see. And what about Colonel Isaac Mongor?

  • Isaac Mongor, I have told you that we never met. It has taken a long time since his arrest in that 8 May incident in Freetown.

  • Well, in your monitoring - well, I am going to put off that question. I am very conscious of the time, Madam President. I will come back to that particular issue. I just want to make sure that I don't speak out of turn as it were, but I will move on and come back to that point.

  • I think we have about three minutes before the tape runs out, Mr Munyard.

  • Very well. I am reasonably close to the end, but not terribly - not right at the end of these messages which is virtually the end of my cross-examination:

  • Now, I think I said, "They provoked me a lot saying that I am a refugee. They disarmed" - I am reading on now: "They disarmed sixty arms from my men and" --

  • I have not got there yet.

  • It's the middle of the page. There is a new paragraph that starts after the words, "They stated that they will never work with me. They provoked me a lot, saying that I'm a refugee."

  • I have seen there.

  • Thank you, and they disarmed 60 arms from his men. He is complaining that these brothers in the RUF are treating him badly, isn't he?

  • According to the message, yes. According to the message.

  • And then over the page we see a reply from Smile to Kallon - from Smile to Sparrow - and for the information of Brigadier Mani and Colonel Isaac. Subject, response:

    "Your message dated 15 July was received with great pleasure. By my directive I order that you stay where you are presently and take no action. Continue to exercise patience until my arrival in due course. As soon as I arrive, the almighty God/Allah will solve all these problems. For Colonel Isaac and Major Massaquoi, you should return all RUF properties (arms and ammo) you took from Sparrow's men. I repeat, return all arms and ammo you took from Sparrow's men upon receipt of this message.

    For Colonel Isaac, enough is enough. We are not enemies. I advise you not to be stupid or to be misled by anyone, in particular Major Gibril Massaquoi and others."

    Now, in that message Foday Sankoh is telling Isaac Mongor that he shouldn't be misled by anyone, in particular Gibril Massaquoi. Why was he saying in particular don't be misled by Gibril Massaquoi? Was it because Gibril Massaquoi was a maverick who would not take or follow orders and who was splitting the movement?

  • Not because Gibril was not following up matters or trying to divide the movement. It was because of the misunderstanding that was between Gibril and Mosquito and others. So I knew that he was trying to tell Brigadier Isaac not to listen to Gibril, who was intending to split him and Mosquito, so he shouldn't sit by and allow Mosquito to mislead him.

  • It wasn't Mosquito, it was Gibril - have we run out of time?

  • Yes, I have just been alerted that we have, Mr Munyard.

  • Mr Witness, we are now going to take the mid-morning break. We are going to adjourn until 12 o'clock and then we will be resuming. Please adjourn court until 12.

  • [Break taken at 11.30 a.m.]

  • [Upon resuming at 12.02 p.m.]

  • Mr Munyard, please proceed.

  • Mr Fornie, in your monitoring of this trial since January of this year, have you monitored the evidence of CO Nya or of CO Isaac Mongor, two of the three names we have just been looking at?

  • I was not fortunate to monitor those two people.

  • Is that an honest answer?

  • Yes. I did not monitor Nya's testimony and Isaac.

  • But you knew they were giving testimony, didn't you?

  • I heard that they gave testimony from other friends, former friends, who knew them, that those two people gave testimony.

  • Which other friends who knew them told you this?

  • Other friends in Bo. Other ex-combatants.

  • Was Gibril Massaquoi one of the other friends who told you this in Bo?

  • No, Gibril Massaquoi, it's been a long time since we last saw each other. We never saw each other since the disarmament - the final disarmament. We have not seen each other in person.

  • Now, CO Nya was your commander. When you heard, as you are now telling us, after the fact that he had given evidence, what did you do to find out what evidence he had given?

  • I did not make any move towards that because he was not around me. I was in Bo.

  • You are a man with a sense of history, aren't you?

  • I like the know about things. I am a man indeed.

  • When you found out that your former signals commander had given evidence in this trial, didn't you rush to find out what he had said?

  • Well, I hadn't the chance and I don't think it's something - in fact, he had done it, so I needn't have chased him for that. It was of no use to me.

  • Well, you were in touch with the Prosecution for several years before CO Nya gave evidence in this trial, weren't you?

  • And did you ever discuss with anybody during those years the fact that both you and he were going to be witnesses in this trial?

  • I did not get your question clearly.

  • Did you ever have a conversation with anyone during the years that you were in touch with the Prosecution about the fact that your very commander was also going to give evidence in this trial?

  • That Nya was to give evidence before this Court? Is that what you're saying?

  • That's what I'm saying.

  • Well, I do not directly remember that. I don't remember that.

  • Are you seriously saying that you, who worked under the overall command of CO Nya, did not enquire, either before or after or during his giving evidence, what he was going to be saying or said?

  • I never found out from anybody what Nya had said or what he had to say or whatsoever. I never found out.

  • Well, give us the names of some of the witnesses who you were fortunate enough to monitor?

  • I listened to King Perry. I heard Kabbah. I heard a lot of TF - a lot of those who were TF numbers, among others.

  • And which Kabbah are you talking about?

  • Operator Mohamed Kabbah.

  • Right. Any others?

  • Well, a lot of them were TF numbers. I listened to a lot of them who were TF numbers.

  • What about Isaac Mongor?

  • I said I do not remember listening to him. I haven't got Isaac Mongor's testimony. Those I heard are the ones I have told you about.

  • Now going back to these three names that we were looking at before we broke this morning. Gibril Massaquoi, Nya and Brigadier Isaac were all disaffected with the leadership of the RUF by the time of these messages, weren't they?

  • Mr Munyard, are you referring to the messages we have been looking in at MFI-7?

  • Yes. I'm looking in particular one at the one on 15 July 1999 on page 8678 where those three names are mentioned.

  • Do you understand that, Mr Witness?

  • Let me try the question in another way, if I may:

  • Mr Fornie, we were looking at a message in which those three stated they will never work again with Morris Kallon. Those three were unhappy with the leadership of the RUF, weren't they?

  • I am not aware of that, that those three people were not happy with the RUF leadership.

  • Turn, please - I am jumping now. I am going to come back to the sequence, but turn, please, to page 8692, a message on that page. It is the message halfway down the page. From the leader, Foday Sankoh, to all commanders, 25 July 1999. Subject, directive:

    "Reference my last message dated 25 July 99, you are to prepare to hand over the prisons of war and all political prisoners to the International Committee of the Red Cross, UNOMSIL or ECOMOG at any time they call upon you."

    Do you remember Foday Sankoh giving that order?

  • Yes.

  • "Philip Palmer, Deen-Jalloh, Fayia Musa, Dr Barrie and Gbessay James should also be released, but you are not to allow them to go anywhere. They should stay at the HQ (Buedu) until I arrive at that location."

    Do you remember him giving that order?

  • Philip Palmer, Deen-Jalloh, Fayia Musa, Dr Barrie and Gbessay James should be released from what, Mr Fornie?

  • By Sam Bockarie.

  • And why were they in detention?

  • It was because of an incident that occurred when they attempted - allegedly attempted - to topple the leadership of the RUF.

  • I can't remember the exact time. At that time I was not in the RUF. I was in Gorahun Tonkia.

  • Right. Well, after you emerged from Gorahun Tonkia and you either did or didn't work with Sam Bockarie in Tongo later in 1997, what did you hear about why Sam Bockarie had detained these people?

  • That is what I have told you. I said I heard --

  • Sorry, I should have said what did you hear about when Sam Bockarie detained these people? You won't get any help by looking to the Prosecution.

  • I do not know the exact date. I can't remember the exact date that Sam Bockarie detained these people. That is what I am saying - the month.

  • Was it around a particular incident?

  • I don't remember the time Sam Bockarie detained those people, but I am telling you that I was in Gorahun Tonkia when that incident occurred.

  • Was it around the time of Foday Sankoh's arrest in Nigeria, did you later learn?

  • Precisely. It was around that time that I heard.

  • Yes. And so from around March of 1997 this group of former senior RUF people found themselves in custody, yes?

  • And there they remained until some time at the very least in the middle of 1999, two and a quarter years later, yes?

  • And they were disaffected, unhappy, with the leadership of the RUF as well, weren't they?

  • You mean Philip Palmer and others?

  • I do mean exactly Philip Palmer and others.

  • Thank you. We will go back to the sequence and I would like to look next, please, at page 8683, 17 July 1999. To Concord through Issa Sesay, SSS. For the information of Smile, that's the leader. From Sparrow, that is Morris Kallon. There are two messages of that date on that page. I am looking at the lower one, please:

    "Sir, the manpower the leader instructed to stay in the barracks arrived at my location this morning (Magburaka). The men made me to understand that at around 20:00 hours last night, Colonel Isaac, Major Gibril Massaquoi, Colonel Matthew Barbue and huge number of armed men including one barrel BZT violently approached them and asked them to leave and if they don't leave they will open fire on them. According to the men, due to the pressure from Colonel Isaac, Lieutenant Colonel Nya and Major Gibril Massaquoi as they were almost at the point of opening fire on them, caused them to leave the barracks as they do not want to cause any problem."

    Do you remember that message going out?

  • Yes.

  • And do you say it is pure coincidence that CO Nya and Colonel Isaac end up as witnesses in this criminal trial? It's pure chance that they were, in conjunction with others, in open rebellion against other leaders of the RUF and end up giving evidence in this trial? Is that just pure chance, in your view?

  • Well, I do not know the circumstances under which the Court met them. I do not know the circumstances under which they testified, so I can't comment on that at all.

  • Carrying on:

    "Two trucks, one tractor and 80 bags of rice were left in the barracks including two Hondas. They arrested Major" - and I can't read the first part of that, somebody George. What is the first part of that, can you help us? Is it CO George, Cobber George. Don't worry if you can't.

  • It is something like Gobber George.

  • Gobber George. Do you remember who that is?

  • I can remember one CO George, but I cannot recall if this is - if he was the one who carried the Gobber name.

  • "They arrested Major Gobber George and two other bodyguards of Brigadier Issa with all items in their possession. Among the items arrested was 250 carat of gold dust which I gave to major George Gobber. One of the men, Sergeant Alpha Kargbo, managed to escape from them while the other two are still in jail with the gold dust in Makeni. The property of the men, the two trucks" - it's 50 bags of rice, I must have misread the figure earlier - "50 bags of husk rice and the two Hondas are still with Colonel Isaac and others at Makeni."

    So here he is complaining not only of a threat to kill them, but of theft by, as he would no doubt describe it, this gang led by Colonel Isaac and Gibril Massaquoi and others. Do you remember all of that, the gold dust and so on?

  • I can remember. I have seen it. I remember this message.

  • And how was the RUF meant to implement peace if it was tearing itself apart in the way that these messages demonstrate? Are you able to help us with that?

  • Well, at that time the peace talks were still going on while these things were happening. While these incidents were continuing the peace talks was still going on until Foday Sankoh arrived in Sierra Leone and tried to bring these groups - he was making efforts to bring these various groups together just so that he would do everything to let the peace hold.

  • Page 8688, please. To get the date of this message we have to look at your signature at the bottom. 8688, please, Mr Court officer. This is on 18 July 1999. It is to the Sierra Leone People's Army, northern region, Makeni. And the Sierra Leone People's Army is who?

  • The RUF.

  • From the people and chiefdoms of Bombali District headquarters of Makeni to Corporal Foday S Sankoh through General Sam Bockarie. Subject, information:

    "We wish to congratulate you for returning peace to Sierra Leone. You have succeeded in having the gun silent, but we are still left with the greatest enemy of hunger and need for medication. It has been reliably learnt from the Sierra Leone People's Army commander in Makeni that General Sam Bockarie has stopped the humanitarian relief from coming to the north. If that is correct, sir, then you will come and find all of us starved to death. We are kindly requesting your timely intervention with a view of alleviating the acute hunger and medical crisis that we are facing. We hope to hear from you at your earlier convenience."

    Now, that was a direct appeal by the people of that area, wasn't it?

  • Yes.

  • And if we turn then to page 8691 and look at the message at the bottom of that page, 21 July 1999, from Smile - just remind us again who Smile is.

  • To Brigadier Mani and for the information of all commanders. The subject is another order, directive:

    "By my directive you are ordered to open all the roads that lead into Makeni. Also prepare to receive the OSM delegation" - that's the medical NGO, isn't it? Do you agree?

  • It is the OSM delegation, yes.

  • "From Kailahun who are presently at Magburaka. Work with them accordingly and give them all necessary assistance to enable them to carry on their job successfully.

    For Sparrow, by my directive you are to dispatch the OSM delegation to Makeni tomorrow without fail.

    All commanders are strictly advised to abide by this directive as it is very important for both the civilians and soldiers to start receiving food and drugs supply.

    Accept for necessary action."

    And then immediately following that on 25 July 1999, from the leader to all commanders, another directive: "Reference my last message dated 25 July 1999" - I think I have already read this one?

  • That one has been read.

  • Yes, that was the one I leapt ahead to. It was beginning to sound familiar. We have dealt with that one:

  • Over the page, please, 8693. The second message on this page. To Smile, Foday Sankoh. From SSS, that's Issa Sesay, is that right?

  • Subject, information.

    "Your message pertaining the release of all prisons of war was received and noted. According to the commander at Freetown Highway (Brigadier Bazzy) he is asking your kind permission to contact the Guinean government to release the balance of ECOMOG troops (Sierra Leone contingent) who were arrested in Guinea while en route to Sierra Leone about one month ago. They are about 37 in number. According to Brigadier Bazzy one of them managed to reach their location at Freetown Highway and passed on this information. The others are still under arrest and torture.

    In regards to the release of the three Guineans and three Malians with Brigadier Barzil, he is kindly asking for the release of the prisoners of war to coincide with the release of our brothers under arrest in Guinea" - and he refers to the same contingent - "(the Sierra Leone contingent of ECOMOG) who were based in Liberia."

    Now, do you remember that message?

  • Yes.

  • Who is Brigadier Bazzy or Barzil?

  • He was an SLA.

  • Yes, what was his name?

  • Was he commonly known as Bazzy?

  • Where is this Freetown Highway area that is being referred to in this message?

  • Freetown Highway - at that time, you know, there were two areas, one towards the Okra Hill area and the others were at the Gberi bridge area from Makeni, so I can't remember the exact area that this message is referring to.

  • Is Brigadier Bazzy with the West Side Boys?

  • Well, where are the Okra Hills?

  • Okra Hills is around the area where the West Side Boys were.

  • Thank you. Does that help to jog your memory?

  • Well, I have told you that there were two Freetown Highways. I have described two highways there. I can't remember the exact location.

  • Mr Fornie, I am going to stop you. Does that help or jog your memory about Brigadier Bazzy being with the West Side Boys?

  • Are you seriously saying you don't remember who was the commander of the West Side Boys?

  • That is what I am telling you. I can't remember that Bazzy. I can't remember that Bazzy was at the West Side. I can't remember now. I can't recall the right location where Bazzy was during this message. This is what I am saying.

  • Do you know if Bazzy has been on trial before the Special Court?

  • And what was he on trial for doing?

  • That he was one of the men responsible - one of those who bear the greatest responsibility for the crimes committed in Sierra Leone.

  • Yes, totally different from you who was just a radio operator; agreed?

  • And what was his role said to have been that he was on trial for?

  • That he bears - that he is one of the men who bears the greatest responsibility for the atrocities in Sierra Leone.

  • We have been through that. I am going to stop you. What in particular do you know about Bazzy that was alleged against him in his trial?

  • Do you want me to put that again?

  • Because he was one of the AFRC top commanders.

  • Yes, all right. Are you still telling us that you don't know whether or not Bazzy was one of the commanders of the West Side Boys?

  • I said that I can't remember who was at that place at that time as a commander. I can't remember now.

  • All right. Tell us what the West Side Boys were doing at the time of this message about Brigadier Bazzy, late July 1999?

  • I know that ceasefire was on and the peace talks were ongoing. Everybody was at his or her own location. I was in Togo.

  • Yes, that's all very interesting, but would you now answer the question. Did you listen to the question?

  • You said what West Side were doing at this time.

  • Yes, as you can see on the screen. And what were the West Side Boys doing at this time?

  • I can remember that the West Side Boys were harassing civilians along the Freetown-Masiaka Highway.

  • Yes. The West Side Boys was another group that were completely out of the control of the RUF leadership, weren't they?

  • Well, it was later that they went out of the RUF leadership completely. That was later.

  • I didn't say out of the leadership. I said out of control. They were never part of the RUF leadership, but they were a separate group of fighters in the Okra Hills over whom the RUF had no control at all, weren't they?

  • Yes, of course. Around this time, around the signing of the Lome Accord, we hadn't absolute command over them. We hadn't absolute command over them, the West Side Boys.

  • No, you didn't have any command over them at all, did you?

  • Communication was flowing. Communication was flowing between us and them.

  • Yes, the communication flowing from them to you was they wanted Johnny Paul released, didn't they?

  • Apart from Johnny Paul's release, communication was flowing.

  • And what was it about, please?

  • Well, I think, according to the last message that you have even mentioned here, there is something there to prove that communication was existing between us and them.

  • Yes, but they were still effectively a marauding gang of ex-AFRC members on the loose in the Okra Hills, weren't they?

  • I am not refuting that they were gangs, but they were still communicating and coordinating things with the RUF at the time that you are talking about during this message.

  • Page 8696, please. Two messages on this page. To Concord through Issa Sesay, SSS, for the information of Smile, that is Foday Sankoh, and Lieutenant Colonel Johnny P Koroma from Brigadier Mani, army headquarters, Makeni. What was Brigadier Mani a member of?

  • I knew Brigadier Mani as being a member of the Sierra Leone Army.

  • Thank you:

    "Sir, reference your signals message dated 25 July 1999, release of political and war prisoners. Now that these people have been released in respect of subject matter, could Lieutenant Colonel JP Koroma be please allowed to travel to the north for discussion of pertinent issue relating to the peace accord.

    Your cooperation is highly solicited."

    Now, Johnny Paul was in detention at this time, I think you have already agreed that, and here is a former - sorry, here is an SLA soldier, Brigadier Mani, asking for permission to allow Johnny Paul to travel to the north. Why did Brigadier Mani have to ask permission for Johnny Paul to travel to the north and what was he going to do - what was the discussion in the north that was going to take place?

  • It was because Lion had already resumed his position as leader of the RUF and he was covering every area. Secondly, if you asked about what Johnny Paul was to do in the north, it was to discuss the Lome Peace Accord just as requested in this message.

  • Yes, but why did he have to go to the north to discuss that, or was there some separate issue going on in the north that required Johnny Paul's attendance?

  • Well, it's not clearly stated here. What we have in this message to the best of my knowledge was that Johnny Paul was to go to the north to discuss the peace, what had gone on in the Lome Accord.

  • Yes, I don't think you have quite got my question. Why was it necessary for Johnny Paul to go to the north to hold these discussions unless there was something specifically going on in the north that needed his attendance? Do you know or don't you know? If you don't know simply say, "I don't know".

  • Well, the man who wrote the message just said to discuss the peace talks. He did not elaborate further, so I cannot exactly say what came after that.

  • Thank you. You mean you don't know why the north was mentioned. Do you mean you don't know why the north was mentioned?

  • Mr Witness, please answer the question.

  • The north, it is clearly mentioned. It was a message from Brigadier Mani.

  • No, that is not the point, Mr Witness. The point is do you know why Johnny Paul Koroma had to go to the north? If you don't know, please say so.

  • It was to discuss the peace talks, according to the message. That is what I know.

  • Your Honours, I am giving up and moving on:

  • The next message, please, which is dated the same date, 27 July 1999, from Smile, that is Foday Sankoh, to Brigadier Mani and for the information of all commanders. Subject, response. So he is replying to Brigadier Mani's message that we just looked at:

    "Reference your message dated 27 July 1997" - that is obviously a typographical - well, it's obviously a slip of the tongue, as it were. It clearly refers to 1999 - "Lieutenant Colonel JP Koroma is to wait at his present location until I arrive at Kailahun. You (Brigadier Mani), ex-President Joseph Momoh, Colonel Isaac and Major Gibril Massaquoi should report to Kailahun and wait for me until my arrival as there are very important issues to be discussed.

    Also, Victor Foh and all the convicted prisoners that were released from Pademba Road Prison are to stay at Kailahun until my arrival. Very soon I will be at Kailahun.

    The children and women that were abducted from Freetown should be immediately released to go back to their relatives.

    Best regards."

    Now, where was it that Johnny Paul Koroma was being detained?

  • It was in Kangama. Kangama.

  • Was that his home village?

  • No, that was not his home.

  • Right. Was it anywhere near his home village?

  • No.

  • Right. Now, this is 20 days after the signing of the Lome Peace Accord, yes? Do you agree?

  • Was anyone from the AFRC leadership involved in the Lome peace discussions in Lome?

  • Leather Boot was one. One Jalloh, Captain Jalloh, was another. Two other SLAs whose names I cannot remember now. And one Lieutenant Anis [phon]. And during the signing of the Lome Accord Eddie Kanneh went. He was there during the signing.

  • Right, but is it correct that the AFRC felt that they had effectively been left out at Lome?

  • Some. That was what some felt.

  • And did that lead to any further peace discussions; the fact that some of the AFRC felt left out from Lome?

  • Well, were there any additional clauses added to the Lome Peace Accord later on to cater for the concerns of the AFRC, do you know? If you don't know, just say so.

  • I can't remember everything in the Lome Peace Accord.

  • Now, just before we leave Lome and the peace accord, can you remember anyone who was on the Liberian delegation to Lome?

  • You mean during the signing of the accord?

  • During the talks that led up to and including the signing of the accord.

  • Can you give us any names?

  • I can remember when we were in Lome, Jungle visited us. Jungle visited us.

  • I am talking about members of the Liberian delegation, not people who happened to pop in for a visit. Can you remember any of the members of the delegation from Liberia?

  • Before the signing of the accord I can remember seeing Mr Taylor. I saw Mr Taylor, Benjamin Yeaten and other people.

  • You are not saying they were part of the delegation, are you, as opposed to being present from time to time?

  • I have not really got that area clearly. You mean the delegation that took part in the Lome Peace Accord? Is that what you're saying?

  • Well, I started by asking you, "Do you remember anyone who was on the Liberian delegation to Lome?" So by delegation I meant delegation, not visitors. Can you remember any members of the Liberian delegation? Just listen to the question and try to answer the question.

  • I can remember a delegate from Liberia during the signing of the accord. Members went, like the President. The former President of Liberia, Mr Taylor, was present during the signing.

  • So you can't remember anybody else who was part of the - anybody who was part of the delegation that took part in the talks, is that right? Just say if you can't. Nobody is trying to force you to remember something you can't remember.

  • I can't remember. I can't remember now. Maybe as we go ahead if any of such person was there I can remember, but for now I cannot recall anyway. I cannot recall.

  • Do you remember a lady being part of the delegation from Liberia?

  • Part of which delegation, please?

  • He said from Liberia, Mr Witness. Please listen.

  • I cannot remember.

  • -- would you please try to concentrate on the question. All I have been asking you about is the Liberian delegation. Do you recall that it was led by a lady? Does that ring any bells? If it doesn't, just say so.

  • No, I cannot remember anyway.

  • If I said the name Dorothy Musuleng-Cooper, the foreign minister of Liberia, former foreign minister of Liberia, led their delegation, does that help to jog your memory at all?

  • I can remember somehow. And also in fact there was one man - one Monie Captan also. At the initial opening of the peace talks Monie Captan was there.

  • So you remember Mrs --

  • Excuse me, Mr Munyard. Mr Witness, when you say, "I can remember somehow", does that mean you remember or you don't remember?

  • I can remember that there was a Liberian delegation, but I cannot remember the people. I cannot remember the exact people. That is what I am trying to say. And then also during the opening --

  • I'm clear now. Thank you. Mr Munyard, please continue.

  • Now, I want to turn, please, to page 8706. To Smile, that's Foday Sankoh. 8706, please. This is a message on 3 August 1999 to Smile, for the information of Concord and all stations and from the command headquarters at Makeni. It's a situation report. Who was the commander at the headquarters in Makeni who sent this? Again, if you don't know just say you don't know.

  • I am thinking, because command used to change. The command structure used to change at various times. That's why.

  • Well, I am not going to trouble you to think any longer about that. The name of the person isn't that important. If we look at the body of the report:

    "One. General area of responsibility calm and quiet. Two. The UN security agents and World Food Programme delegates arrived Makeni yesterday on assessment on food fining. Three. The UNOMSIL delegates arrived this headquarters at about 11:00 hours today to facilitate the visit of the World Bank representatives to Makeni by helicopter."

    Then if we go down the page we get to a point where it says - can you see a line in the middle of the page that starts with a full stop in a circle and then the words "the helicopter"? Do you see that?

  • Yes.

  • Thank you. I am only using that as our reference point. I actually want to ask you about something two lines down, but I will start there:

    "The helicopter with delegates took off for where they came from at about 13:00 hours. Four. Info collected from same UNOMSIL Major Kabila revealed the kidnapping and abducting of own combatants by ECOMOG troops within Port Loko District (HQ22 Infantry Brigade of ECOMOG). Message dated 301100" - and it looks like 7 July, or maybe Z July - "refers and ECOMOG Alpha Jet was repeatedly flying over Rukupr" - is that - "and other RUF held territories in the Port Loko District."

  • Rokupr.

  • Rokupr, thank you:

    "And Other RUF held territories in the Port Loko District. Five. Military and civilian relationship very cordial. Morale of troops remains sky high. Please accept for your information."

    And then that gets a reply from Smile. As we see we are now on page 8707, same date, to command HQ Makeni, same parties copied in:

    "Reference your message. Happy to note that your area of responsibility is calm and quiet and that assessment team has visited. Response to UNOMSIL delegates is appropriate. Accept no visitors until I am in the country, certainly not ECOMOG. Continue to be on alert. I would like to talk to all commanders tomorrow when communication is improved."

    Dealing with the last point, clearly again there was difficulty, wasn't there, in Foday Sankoh being able to contact those in Sierra Leone because of communications difficulties, do you agree?

  • The last part of your question, please. Make your question clear, please.

  • There were continuing problems of communication with Sierra Leone just because of the logistics of getting through on the radio, yes?

  • Yes, there were problems. There were petty problems.

  • Now, what was the problem with ECOMOG in August of 1999?

  • Yes, that was what I asked.

  • Well, just as stated in this message, that was the only problem that has been stated in this message because I was not on the ground.

  • So you can't tell us any more than is contained in this message, correct?

  • Now, I would like to go, please, to page 8709. On 4 August 1999 to Smile for the information of Concord from SSS, Issa Sesay. Subject, information:

    "As at 20:45 hours source from General Joshi of UNOMSIL via satellite phone subject Okra Hills situation report update. Bishop Biguzzi of Makeni and Miss Jacqueline Clenard, the UN PRO have been released by Brigadier Bazil and his men. They furnished General Joshi with the following information:

    1. The others are still being held by Brigadier Bazil.

    2. Brigadier Bazil and his men have made the following statements:

    (a) The AFRC/SLA were not recognised in the Lome - Togo peace agreement.

    (b) Lieutenant Colonel JP Koroma who is their leader remains under custody of the RUF/SL in Kailahun.

    (c) They demanded the release of JP Koroma to them and also request a dialogue with him.

    (d) All arrested have been stripped of valuables and clothing and are being denied access to communicate with their headquarters.

    And then: "3. The following is last of the names of those arrested by Brigadier Bazil and his men" - and then there is a long list of names of people from UNOMSIL, followed by another list of names of civilians and also 12 ECOMOG soldiers believed to be Nigerians. It ends at the very foot of that page: "The UN Security Council is to sit on the current security situation in Sierra Leone. Best regards."

    So does that jog your memory as to Brigadier Bazzy or Bazil being in the Okra Hills with the West Side Boys?

  • Yes.

  • And does that jog your memory as to a group of the AFRC feeling that they had been left out in the Lome Accord?

  • Yes, I have said it here that part of them felt left out.

  • Yes. And then on page 8711 we see on 4 August from the leader, Smile, to Brigadier Bazil, directive:

    "Reference the message received from SSS" - that's Issa Sesay - "on 4 August 1999, by my directive you are ordered to release the people you arrested today (the UN and the other delegates from Freetown). I am working on the release of the men who were arrested in Guinea and those at Port Loko.

    Nobody should try to cause problem by going with the idea that the peace accord signed in Lome is not in their interest. The men should discipline themselves, such attitude amounts to breaking of the peace agreement and is a violation of the ceasefire.

    Nobody should talk to the UNOMSIL or any other organisation without consulting me. I will talk to you all tomorrow in the morning."

    Do you remember that?

  • Yes.

  • Page 8714, 5 August. To Smile, Foday Sankoh, from SSS, Issa Sesay. Subject, information:

    "At 20:15 hours on 5 August 1999, General Joshi contacted on the satellite phone and confirmed that two people have been released by Brigadier Barzil" - but obviously it's Bazil.

    "1. Mr Pierre Louis - a United States citizen and human rights officer to the UN.

    2. Mr Kristo Johnson - a Sierra Leonean journalist.

    According to them the others are still under the arrest of Brigadier Bazil who stated that their leader Lieutenant Colonel JP Koroma is still under arrest and duress. He was under duress when speaking to them this morning. They maintain that they were not part of the Lome Peace Agreement and demand to be recognised. They said that they will continue to hold on to the people until their demands are met. They also asked for food and medicine to be available for them.

    General Joshi in accordance with the foreign affairs of the various citizens placed under the arrest of Brigadier Bazil are again appealing to the leadership and the high command of the RUF/SL to intervene swiftly and most urgently to bring this matter to a rest. They will continue contacting throughout the night."

    And then there is another message below that, again from the leader this time to Colonel Isaac:

    "By my directive I would like you to proceed to C/S-Vulture and investigate about the arrest of the people arrested by Brigadier Bazil and make sure the people are released, but not by means of force. I repeat, do not use any military force. Convince them as brothers to release those people. Make them understand that we are not bandits to make such demands."

    Now, those two messages that we have just looked at, one to Smile and one from Smile, makes it perfectly plain, doesn't it, or don't they, that the AFRC - a considerable part of the AFRC felt that they were left out of Lome? They didn't have a delegation of their own to the Lome Peace Accord, did they, the AFRC/SLA?

  • Well, a part of the AFRC, especially this group, felt left out. Part of the AFRC.

  • And the correspondence goes on. I am not going to read it all, but if we turn to page 8716 we can see in the middle of the page here - this is written, looking at your signature and the date next to it, on 6 August 1999 from Brigadier Bazil to Smile, Foday Sankoh, and for information Lieutenant Colonel JP Koroma:

    "Reference your signal message dated 5 August 1999, you are hereby requested to release our leader. Whether he talks under arrest or duress he should come to our location and release the hostages. Failure to that, we are not ready to subdue ourselves under any other command. Accept for prompt action."

    Was prompt action taken on that demand from Brigadier Bazzy? Do you know or don't you know? Tell us if you don't.

  • The prompt action that I see in this message was that Johnny Paul was to go to them, but that did not happen.

  • Did it never happen?

  • At the time that the demand was made - that the request was made - it did not happen. It did not happen at the time that the request was made.

  • Did it ever happen?

  • Well, I know that Johnny Paul was later released through Monrovia. That is what I know.

  • And when was he released?

  • At that time we had still not returned to Sierra Leone. We had not returned to Sierra Leone.

  • Do you know what country you were in when Johnny Paul was released?

  • Sorry to interrupt, Mr Munyard, but I am not entirely clear what, Mr Witness, you mean when you say he was released through Monrovia. Does that mean he was released to the city of Monrovia or by the intervention of someone in Monrovia?

  • Well, it was a helicopter that picked him up from Kangama.

  • Please continue, Mr Munyard.

  • A helicopter. In respect - my Lordship, in respect of Johnny Paul's release, I can remember there was an arrangement for Johnny Paul to be picked up from Kangama, but I cannot remember exactly if it was at that time that he was picked up to be precise really. From Kangama I cannot remember the steps that were involved up to his release in Monrovia, but I can remember that there was such an arrangement. I stand to correct myself.

  • Thank you, Mr Witness.

  • 8717, to the leader, for the information of Concord, from Major Gibril Massaquoi, information:

    "No RUF/SL soldier on this side and not even all SLA soldiers are involved in the current act. Myself, CO Isaac, CO Nya" - pausing there. Gibril Massaquoi, CO Nya and CO Isaac seem to be operating now as a trio, don't they?

  • Yes, they were working together. All of them were working together.

  • "And other SLA senior officers have been trying and are still trying to secure the release of those people. I will be leaving this evening to escort three ACF NGO vehicles to Makeni and at the same time to get in touch with Brigadier Mani wherever he is because he (Brigadier Mani) sent a message this morning to all SLAs that no-one should be involved in such an act as it was the wrong method.

    Brigadier Bazzy and others involved in this act are all former bodyguards of the former NPRC criminals and are injected in their brains with drugs and power consciousness."

    Were Brigadier Bazzy and the West Side Boys all former bodyguards of the former NPRC leadership I suppose that refers to? Do you know?

  • According to the message.

  • What about according to your knowledge. Do you have any knowledge of that separate to this message?

  • I can't tell Bazzy's position before Operation Sandstorm. I can't remember his position.

  • Right:

    "When I left Togo I visited their end as you instructed. They brought up this same grievance of Lieutenant Colonel JP Koroma still being detained. Peace may be talked today and they are capable of destroying it. Again, if not consider them as they said they were not properly represented and therefore asked their reservation of the above."

    Now, it is right, isn't it, that the SLAs were not involved at all in negotiating at Lome and Johnny Paul didn't send any of his own representatives to Lome? That's right, isn't it?

  • Who sent Leather Boot if at all it was not Johnny Paul? If at all Johnny Paul did not send any --

  • Your Honours, can the witness kindly repeat his answer.

  • Mr Witness, the interpreter has not heard you clearly. Please repeat your answer picking up from where you said, "If at all Johnny Paul did not send any --" Continue from there, please.

  • Well, I said if at all you are claiming that Johnny Paul did not send anybody so far, then tell us who sent Leather Boot and others to the Lome Peace Accord.

  • Well, there is a problem with Johnny Paul sending anybody to the Lome peace negotiations because he wasn't invited, was he?

  • Johnny Paul, all of us - Johnny Paul was present at the meeting that was organised to send people to Lome. Johnny Paul and other SLAs from various areas, all of them were there at the meeting. They were the ones who selected the group. They selected Leather and the other people who were among the group that went to Lome.

  • When was this meeting?

  • That meeting was before our departure to Lome.

  • You mean before April of 1999?

  • All right. Johnny Paul was in the custody of the RUF then, wasn't he?

  • Well, at that time Johnny Paul was moving because he was moving - he used to move from Kangama to Buedu on his own. He used to go to Koindu on his own patrols. He used to move. He was allowed - his boys used to visit him from the front lines and other fighters from Kono, Tongo, like Akim and others, used to visit him in Kangama.

  • Mr Witness, I am not clear from that answer whether in fact he was still under the custody of the RUF but allowed to do these things.

  • Well, he was still based in Kangama.

  • I am putting to you, Mr Fornie, that Johnny Paul wasn't invited to take part in the Lome discussions either in his own person or by means of a representative. Do you agree or not?

  • Well, I am telling you that from where the discussion took place to send representatives to Lome, Johnny Paul was present. Johnny Paul was present. It was he who appointed Leather Boot and others to represent the members of the AFRC.

  • Yes, I am just going to ask you to look, please, at a document that again I don't have copies of, but I am sure we can all deal with it on the screen. It is a one page document. Now, if I am right it doesn't actually bear a date, but we can work out - well, I suppose the date that is in the body of the text must be the date of the document itself. It is headed "Republic of Liberia Ministry of State For Presidential Affairs Executive Mansion Press Release":

    "Executive Mansion, Monrovia, Liberia, Thursday, 4 May 2000. The President of Liberia, his Excellency Dankpannah Dr Charles Ghankay Taylor, has called for a total ceasefire in the Sierra Leonean conflic