Thank you, Madam President.
Madam President, at this time the Prosecution requests that the Trial Chamber order the Defence to provide the Prosecution with all the statements of this witness. And by "statements" we mean by as defined in this Court; that is to say, interview notes, statements that have been signed or adopted by the witness, transcripts of audio or video interviews, as well as proofing notes. And the Prosecution ask for this relief for the following reasons:
The Prosecution has been provided six summaries from this witness, the first summary having been provided on 29 May 2009.
In the first two summaries of this witness, the Defence has indicated - has included in those summaries no statement "recorded".
The third, fourth and fifth statements are, compared to the great majority of the - excuse me the third, fourth and fifth summaries are, compared to the great majority of summaries the Prosecution has been provided, very detailed, running over three pages, when you have a chart-type, not a portrait-type, of page. The third summary was filed on 10 July 2009, 4, 29 January 2010. The fifth 12 May 2010.
On 23 August, at 17:55 hours, the Prosecution was provided with a sixth summary, and it was entitled an "updated summary" not a "supplemental" or "additional summary" but an "updated summary".
23 August, of course, was the day before this witness's testimony was to begin. And, in fact, it began 24 August.
This witness's testimony has basically been re-invented since the summary disclosed on 10 or 12 of May of this year.
The witness's testimony to your Honours and the very general contents of the sixth summary have resolved around this witness's contacts with, communications with, personal contacts with, various RUF radio operators, Sam Bockarie, Issa Sesay, and other RUF personnel.
This witness has told you about being in communication with RUF operators in 1998 and 1999. Those operators have included Mortiga.
The witness has also told you about a person he was in contact with, Seibatu Jusu, that he saw at Benjamin Yeaten's house.
The witness has told you about seeing Sam Bockarie at Benjamin Yeaten's house.
The witness has told you about being in contact with a radio operator by the name of Sellay, and that it was both contact over the radio and personal contact, and that the witness remembered this contact with Sellay because they were both radio operators and they had been in contact.
This information is totally contrary to what was contained in the summaries three, four and five.
In those summaries, the witness told the Defence, if the summary is accurate, told the Defence the following things in relation to this topic.
The witness told the Defence that he would testify he does not remember seeing Sam Bockarie around Benjamin Yeaten's house. It could have happened, but he doesn't remember that. The witness was very clear to you when he talked about Sam Bockarie at Benjamin Yeaten's house, having a meal there.
The witness in summaries three, four, and five, said he does not know a Sellay Duwor, but the witness went on to tell the Defence that he remembers a Duwor who was part of Benjamin Yeaten's reactivated Jungle Fire unit. He doesn't tell the Defence, "I don't know a Sellay Duwor, but I know an awful lot about a Sellay."
In the summaries three, four and five, the witness said he could scan and hear Sierra Leoneans talking on the radio but denied ever knowing or receiving RUF radio code. When he came in here, he told you much more than just listening to "Sierra Leoneans". He told you about intercepting and monitoring RUF communications and he told you about instances where he received code that was RUF code.
Now, in relation to Memuna Deen giving him a code, he said it wasn't the general RUF code, but certainly we suggest he was saying it wasn't RUF code, totally contrary to his summaries.
He also told the Defence all the way up to the 12 May of this year, that if RUF people knew his name it was because they all came to Monrovia with Sam Bockarie when Taylor agreed to allow Sam Bockarie to stay in Liberia as part of the peace process.
Now, in his testimony to you, he has told you that he, personally, knew, over radio contact and in person, many people, and he has named them. So this is also contrary to summaries three, four and five.
He specifically told the Defence he never saw Seibatu Jusu at Benjamin Yeaten's house. He specifically told the Defence he does not know Mortiga. So there has been a sea change in this witness's testimony since these summaries, the one as late as 12 May of this year.
He also told the Defence that he will insist that no foreigners were allowed to operate Benjamin Yeaten's radio, and yet he has told your Honours that Memunatu Deen, who was a Sierra Leonean RUF, and Mortiga, were allowed to use Benjamin Yeaten's radio. Totally contrary to what he has in these summaries.
He has also come up with a great deal of new information, some of it contained in the sixth summary we were given at 17:55 hours on 23rd, some of it not.
The following are not included in summaries three, four and five. Nothing about SBUs. Nothing about Sam Bockarie's trips to Liberia in late 1998 or in 1999, before Sam Bockarie finally located to Liberia. Nothing about two Lebanese with Sam Bockarie on one of his trips to Liberia in 1998. Nothing about meeting Sam Bockarie at the YWCA or any other place, and that is not included in the sixth summary either. Nothing about Eddie Kanneh and Gibril Massaquoi being with Sam Bockarie on his 1998 trips to Liberia, and that is not included in the sixth summary either. Nothing at all about the communications centre in the Executive Mansion in Monrovia being moved from the fourth to the seventh floor; and nothing about secret communications from the seventh floor involving Jungle, Sampson and a person named William Jimmy. Nothing about Sampson going to Buedu and meeting Sam Bockarie's convoy on the way. Nothing about secret deals between Benjamin Yeaten and Sam Bockarie. Nothing about Benjamin Yeaten, Musa Cisse or Varmuyan Sherif giving ammunition to the RUF or that Jungle, Sampson and Zigzag Marzah are also involved in this. Nothing about Musa Cisse being part of secret deals with the RUF. Nothing about Memunatu Deen, and there's nothing about Memunatu Deen in the sixth summary. Nothing about Daf being in Togo as part of the peace process there, and there's nothing about that in the sixth summary. Nothing about meeting with Issa Sesay in Liberia; nothing about that in the sixth summary either. Nothing about visiting the RUF guesthouse, and there's nothing about that in the sixth summary either. Nothing about Benjamin Yeaten's reaction to the news of the January attack on Freetown. Nothing at all about hearing a serious confrontation between Foday Sankoh and Sam Bockarie and hearing Foday Sankoh order Issa Sesay to take charge, and nothing about that in the sixth summary either.
Nothing about the SSS building next to White Flower and the storage of arms and ammunition and other supplies there and with Kai being in charge, and there's nothing about that in the sixth summary either. Nothing about Benjamin Yeaten going to Sierra Leone in 2000, or whenever it was he said he went, and there's nothing about that in the sixth summary either.
Nothing about a LURD operation called Jungle Fire, not even in the sixth summary. Nothing about a change of composition of the Liberian Jungle Fire Unit when it was fighting against LURD, and there's nothing about that in the sixth summary either.
Nothing about Sam Bockarie and those who came with him in December 1999 being given Liberian citizenship, and the sixth summary does not have that either.
Nothing about Junior Seiatoe as a bodyguard to Sam Bockarie; nothing in fact about Sam Bockarie to the Ivory Coast, and nothing about Junior Seiatoe and Musa Cisse following Sam Bockarie to the Ivory Coast.
And I want to be sure that I am not misleading the Court. I think I've said that there was nothing in the sixth summary about Memunatu Deen. There may be something in the sixth summary about that.
I also think I said there was nothing about Daf being in the Togo peace negotiations. There may be something about that.
But in general, your Honours, what we have is a witness whose testimony is totally contrary to what he had told the Defence up to 12 May of this year. In those circumstances, we think there is more than just cause for the Prosecution to be provided with all his statements, so that we can try to track this sea change in his evidence and be able to cross-examine him effectively.
We ask that your Honours order the disclosure of all of these statements and that they order them immediately so that the Prosecution has time to review them today so that we do not have to interrupt our cross-examination of this witness.
It is our suggestion that the Defence must have these readily available, as this is the witness on the stand, and we would ask that they be provided very quickly, and not this evening or late tonight. And that is our application, your Honours. Thank you.