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

  • Good morning, Mr Sesay.

  • Yes, sir, good morning, sir.

  • When we broke off on Monday, we had mentioned Martin Koker. Martin Koker went with Sam Bockarie to Liberia in December 1999, correct?

  • Yes. All of them went.

  • Martin Koker, you have heard, haven't you, was killed in Liberia?

  • No, I don't know.

  • Do you know where he is or you don't know?

  • No, my Lord. I don't know. I am in prison.

  • You had testified - you have testified in this Court that certain documents, including the two salute reports, exhibits D-9 and D-84, D-9 the salute report of Sam Bockarie and D-84 the salute report from you, were written by Gibril Massaquoi; is that correct? Is that your testimony?

  • Yes, that is what I said.

  • But is it correct that you recognise Sam Bockarie's signature on his salute report?

  • It's the name, the way the name is written, SB, anybody can forge that.

  • My question is: Is that the way - did you recognise that as Sam Bockarie's signature?

  • Well, I don't recall.

  • Well, if we could have the transcript for 12 July 2010, page 44252. Mr Sesay, you were discussing with Defence counsel D-9, the salute report by Sam Bockarie, beginning on line 2. You said:

    "A. Well, a salute report is normally prepared by the

    commander for the attention of the leader about activities

    that went on within the organisation, and this was what he

    was reporting about.

    Q. Were you aware that in late September, shortly before

    Sankoh returned to Sierra Leone, that Bockarie was

    preparing a report such as this?

    A. Yes. Bockarie said it."

    I'm going to stop there for now. Is what you said on 12 July true, Mr Sesay; Bockarie told you in late September that he was preparing a salute report for Sankoh?

  • Yes. Bockarie said he was to prepare a report for Mr Sankoh because he said he was to go and meet Mr Sankoh in Monrovia.

  • You were then asked:

    "Q. Did Bockarie consult you prior to preparing this

    report?

    A. No, it was after he had prepared it and sent it. That

    was when he told me that he had prepared and sent the

    salute report to Mr Sankoh.

    Q. Now, did you see a copy of this report after it was

    prepared by Bockarie?

    A. I never saw a copy of it. It was only during the

    trials that I saw a copy of this.

    Q. Now, the signature on the last page, whose signature is

    that?

    A. This is Sam Bockarie."

    So, Mr Sesay, on 12 July, did you recognise the signature on the last page as Sam Bockarie's signature?

  • That is what I said but when the document was read out to me, and some of the things that contained - that were in the document, it was only Gibril that knew about them and Sam Bockarie's signature - anybody can forge that - can forge that, it is only "SB".

  • Well, Martin Koker and Sam Bockarie and you knew all of the things that were in that report, correct?

  • No. I cannot say that.

  • How about when, on your own salute report, you said that that is not your signature? Is that your testimony?

  • Yes. I said it's not my signature.

  • I'd like to distribute a few more documents at this time, please. Madam Court Officer, if you could show the single page that's in the orange binder and put that - actually, if you could hand it to Mr Sesay so he can see it clearly. And then you could put a copy on the overhead. Excuse me, just give him the one page, please, not the binder.

  • What document is the witness looking at?

  • It should be the document before tab 1.

  • Mr Sesay, I want you to look at that, these 15 signatures, and tell me which ones do you recognise as being your own, if any.

  • Yes. Some of them are mine.

  • Well, let's start. Is number 1 yours?

  • Yes, number 1 is mine.

  • Yes.

  • No, number 3 is not mine. That is not the way I write my "Y".

  • Number 5, no. I don't write my "Y" like that.

  • Is number 9 your signature?

  • Number 9? It's a bit doubtful.

  • All right. We will mark that. Number 10, is that -

  • Just before you move off number 9. What are you saying, Mr Witness, you can't tell whether that's your signature or not? Is that correct?

  • Yes, my Lord, because I don't usually write the "Y" like this, the tail of the "Y", I don't bring it down like this.

  • So what are you saying, you're not sure, or that it can't be your signature because of the shape of the "Y"?

  • Yes, my Lord. I said it's not mine because the "Y", the way - the way the shape is, the way the line comes down, and that's not the way I do mine. That's why I say it's doubtful.

  • Are you saying it could be yours or are you saying it's not your signature?

  • No, my Lord, it's not mine. I don't think that this is the way I sign.

  • Number 10, Mr Sesay, is that your signature?

  • Yes. Number 10 is mine.

  • Number 11, is that your signature?

  • Number 12, is that your signature?

  • And number 13, is that your signature?

  • Number 14, is that your signature?

  • Yes.

  • And number 15, is that your signature?

  • No. Number 15, too, is doubtful. That is not the way I sign. It is different from the way I sign.

  • Now, Mr Sesay, I just want for right now to look at two of those. You said number 9 was not your signature and you said number 10 was your signature. What is the difference that you see between those two?

  • Well, number 9, you can see the way the tail comes down before it takes an upward bend.

  • And number 10? What's different?

  • Well, number 10, you can see the line, it's - it goes up straight. It's not like the way it is in the previous one.

  • Okay, Mr Sesay, we'll talk about these documents in more detail later.

    D-84 is the signature on number 3, so if that could be shown to the witness. This is a signature you denied, Mr Sesay.

  • Is that exhibit D-84?

  • This is the salute report you wrote, and Mr Sesay, that's under your name. You have denied the signature. There is a couple points - I don't want to read this entire document, but I'm just going to go through a few of the points why you want to deny this document, so if we could go to page 6.

    We see at the bottom that the report, the salute report, says:

    "While in Buedu, Captain Michael Coomber of the mining unit reported with a parcel of diamonds from Kono. The parcel was placed in my care by General Mosquito with the instructions to move with it to a transit point."

    These are the diamonds, as the document goes on to say, you lost, not that they came from Johnny Paul Koroma but they came from the mining unit.

    And then turning to page 8, it says in the first - second paragraph:

    "I instructed Brigadier Kallon to move to Gold Town and cut off the enemy. I led the troops in the attack of Koidu Town, attacking the enemy at 600 hours. They put up a strong resistance using their four mechanised battalions deployed to defend Kono and its diamonds."

    And then skipping to the middle of the paragraph, down to about line 7:

    "Very early the next morning, we attacked their positions at Bumpe and raised them from the town. The enemy were forced to retreat to the road leading to Masingbi where they fell in Kallon's ambush. All in all the enemy lost four war tanks, armoured cars and a multitude of heavy artillery pieces, personal rifles, and huge amounts of ammunition."

    Then going to the next paragraph, the second sentence, third line:

    "Our forces had by then captured Masingbi and Magburaka and were advancing to Makeni. I joined them, taking with me all needed military materials for the attack. We quickly put the township under our military control. General Mosquito called me on set"

  • Your Honours, can counsel kindly be asked to reduce his pace?

  • "We quickly put the township under our military control. General Mosquito called me on set and instructed that we allow Superman to join in the operations."

    Then, going down to about line 10, 11:

    "Rambo proceeded to a village beyond Binkolo where Superman had been hiding and brought him to Makeni. That morning the two of us met and had polite discussions. Together we attacked the barracks and captured it."

    Then going to the next page, page 9, the first paragraph that has the star on the left:

    "Rambo was instructed to advance and attack Port Loko, which he did, deploying his forward defensive at the Port Loko turntable leading to Kambia. Rambo shared the town with the enemy for seven days."

    And then the next paragraph:

    "At this time, our forces, Freetown, were under enemy cut-off from the rear and were in danger of being boxed in, either captured alive or killed. Rambo was withdrawn from his operation in Port Loko and instructed to open a through-way to connect with our men in Freetown."

    So, Mr Sesay, we see from this salute report, it's clear that you led troops, Rambo was instructed to join with the brothers in Freetown, and that's what his objective was when he attacked Waterloo, correct?

  • No, my Lord. This is not correct, sir, because this salute report was not written by me. I did not write it. That's why they said I captured war tanks in the ambush, and we never captured war tanks. We captured armoured cars. And it was from Koidu down that we captured them. I cannot state that we captured war tanks when we never captured war tanks, so I did not write this report.

  • Didn't you testify in direct that you captured four tanks in Kono, two functional and two disabled?

  • Armoured tanks, not war tanks. There is a difference between armoured tanks and war tanks.

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

  • Please repeat this part of your answer, the interpreter didn't hear what you said.

  • My Lord, I said we captured armoured tanks in Kono, and there is a difference between armoured tanks and war tanks, because armoured tanks have tyres and war tanks have a chain.

  • Mr Sesay, you talked about your relationship with General Daniel Opande; is that correct?

  • And you said you had a good relationship with him and he in fact testified for your Defence in your trial; is that correct?

  • I'm sorry, before we leave that salute report, before it's taken away, Mr Sesay, in your own trial, you had to deny writing that report because it would show that you were connected - well, let me first correct it. You didn't type or write the words of the report, Martin Koker did, and you signed it; isn't that true?

  • No. That is not the way it happened. Martin Koker did not write any salute reporter for me and I did not present any salute report to Mr Sankoh.

  • Well, when you testified that Sam Bockarie told you he had sent a salute report to Sankoh, who had written that salute report for Sam Bockarie?

  • Well, Sam Bockarie had his general adjutant, who was Rashid Sandy. Rashid Sandy who was the one who prepared documents for Sam Bockarie, and Rashid Sandy was in Buedu but I never saw a salute report written for him when Sam Bockarie went to meet Mr Sankoh in Monrovia.

  • Martin Koker was more educated and his English, especially his writing, was better than that of anyone else in the RUF; isn't that true?

  • No. There were educated people who also went to the university. It was not only Martin Koker who was the most educated man. And I knew him to be with a telephone, he received phone calls, but Sam Bockarie had his general adjutant.

  • Well, Martin Koker did more than just answer the telephone; he wrote for Sam Bockarie because he wrote excellent - he spoke and wrote excellent in English, correct?

  • Well, he spoke English, but the man who was in charge of Sam Bockarie's documents was his general adjutant, and that was not Martin Koker, because he was the one who controlled the office for Sam Bockarie in Buedu and the reports went to him and everything that related to documentation went to him, and that is Rashid Sandy.

  • Before we leave that document, there are a couple other matters on that that I want to point out. You've said the document was written by Gibril Massaquoi. If we go to page 3, the middle paragraph, actually the fourth paragraph down, this report states:

    "On the arrival of Steve Bio in Freetown, he became very closely associated with Lieutenant Colonel Gibril, and both seemed to have their own agenda."

    Then if we go to page 5, the third full paragraph:

    "It became apparent to us in Freetown that Lieutenant Colonel Gibril had leaked information to the AFRC pertaining to military equipment belonging to the RUF."

    And most important, if we go to page 11, as has been previously pointed out during your direct examination, we see in the first full paragraph it talks about Superman and Gibril beating up your wife and undressing her and taunting her with rude and abusive remarks and then, in the last five lines:

    "That same day, Superman and Gibril attacked the home of Brigadier Kallon, the entire house was razed and his wife was stripped of all her clothing and made to sit on the ground. Her suckling child was snatched from her and repeatedly banged against the wall. This resulted in serious injuries to the child."

    And you told us the child died that year. So your testimony is that Gibril Massaquoi wrote this document talking about how he's betraying the RUF and that how he, Gibril Massaquoi, helped to murder a child. Is that your testimony?

  • Well, Gibril was the one who did those things, but the reason why I said it was Gibril who prepared this document is because I was in the detention in Freetown and Gibril used to meet certain RUF people when he persuaded to join him to prosecute me, and that they were going to get benefit from you, the prosecutors. Even my own wife, Kadie, Gibril went and met her to talk to her. So I know that Gibril was the one who was recruiting the RUF members to serve as Prosecution witnesses and he was the one who prepared this.

  • Yes, but, Mr Sesay, the question is a pertinent one: Would Gibril Massaquoi forge this document and implicate himself in the same document? Is that possible?

  • My Lord, these are things that people knew about, like the incident of Morris Kallon's wife. People knew about it. I was arrested, together with Gibril, and we were all handcuffed and it was in my presence that he was called in the corner and the handcuff was removed from him. So it is possible that they had to waive the case from him.

  • That may be so, Mr Sesay, but does it make sense to you: Is it possible that a man forging a document would include all these charges, these defamatory things, about himself?

  • Yes, my Lord, because he didn't have a case. He did not have a case. I had the case. So he could write any document, and between God and I, I know that I was not the one who prepared this document. He was the person who prepared it.

  • Are you saying to us, Mr Sesay, that Gibril Massaquoi wrote this document after your arrest and his arrest, not at the time that it is dated?

  • Yes, my Lord, because, before I was arrested, I never knew about this document. So it is possible that he could have written it and back-dated it. He could have back-dated it to assume I sent such a report to Mr Sankoh.

  • Let me ask one other question: What is there in this document to implicate you? I haven't seen anything in this document to implicate you. On the other hand, I've seen a lot that implicates Massaquoi. Now, what would Massaquoi achieve by writing such a nice document about you?

  • Well, my Lord, that was just to prove that, that I prepared a salute report for Mr Sankoh when Mr Sankoh was not present. That is all that he is trying to prove to the Prosecution. And I did not write this salute report.

  • So what if you did? How would that implicate you, in your case or in any case, if you wrote a salute report to Foday Sankoh, who was your boss, how would that implicate you?

  • But, my Lord, if I wrote it, even during my trials, I wouldn't have denied it, but the way you have the signature here, the way the tail of the "Y" is bent, taking it this way and taking it that other way, right up, I don't sign that way. That is not how I sign.

  • Mr Sesay, we are trying to reason with you and to understand and go along with the way you're thinking. I asked you a question: What is there in this document that implicates you?

  • My Lord, it's just to show proof that I was reporting and that I had command responsibility so I used to report to Mr Sankoh at that time. So that is the reason for this salute report.

  • And weren't you? Weren't you in command at that time?

  • My Lord, I was in command, but I did not prepare a report. This report was not prepared by me. I was in command but I did not write a salute report to Mr Sankoh and he did not ask me for that.

  • Mr Sesay, you do agree, though, that there is nothing in this report, on the face of it, nothing bad that implicates you? Do you agree?

  • In other words, whoever wrote this report was casting you in a good light, not a bad light.

  • But, my Lord, if I was the one who did it, I would have answered yes, but even if the person - the person wrote good things about me, I did not write it. I did not prepare this document to be sent to Mr Sankoh.

  • You also agree that this report casts Gibril Massaquoi in a very bad light, because of the many bad things that he is said to have done?

  • My Lord, yes, because these things were not hidden. What they did to Kallon and his wife in Makeni was not something hidden. People knew about it.

  • Mr Sesay, before we leave the document that you looked at earlier with the signatures, it would be helpful for you to mark on that document your responses. So could you take a pen, depending on how your Honours would like to do it, and on those signatures that you say are not yours, can you put an "X" over the number. So number 1 you said was yours, you would leave it alone but when you see one that's not yours, put an "X" on the number.

  • Okay. Beside the number? Is that where I'm supposed to write the "X"?

  • If that could just be put on the screen so that we can see what you wrote. And for the record, I see number 3, number 9 and number 15 have Xs.

  • Mr Sesay, previously you had indicated in your - when counsel asked the questions, going through the signatures, you had indicated that number 5 was not yours. You had indicated number 5 was not yours. Are you now saying that number 5 is your signature?

  • No. It's a slip of eye, my Lord.

  • So, Mr Sesay, on the back of that document, would you sign and date it, please.

  • What's the date today?

  • Today is 25 August 2010.

  • Your Honour, may this document be marked for identification.

  • All right. The document showing 15 different signatures, with marks indicating those signatures that do not belong to Issa Sesay, as marked by Issa Sesay, that document is marked MFI-34.

  • Mr Sesay, do you recall in your direct examination, I don't want to repeat too much of it, but we spent quite a bit of time - Defence counsel spent quite a bit of time pointing out all the similarities between the two salute reports, the one that says it's signed by you and the one by Sam Bockarie, the way that they are dated, the way that they are addressed, the subjects that they deal with, the order in which they deal with the subjects, the formatting of the document, even the salutation, the type of salutation. Do you remember you agreed that the same person wrote both of those documents? Do you remember that?

  • Yes, I recall that.

  • Now, Mr Sesay, I read to you yesterday where Charles Taylor said he saw Sam Bockarie's salute report, D-9, in Monrovia. So are you saying that - that Charles Taylor lied, that he couldn't have seen this salute report in 1999 when Foday Sankoh came from Lome because it was authored by Gibril Massaquoi long after that?

  • My Lord, if I recall the part of Mr Taylor's evidence that counsel is referring to, Mr Taylor indicated that he saw a document and did not - he did not see the contents of the document but saw a document. It might be easier if counsel provided the reference.

  • Mr Koumjian, what is your response?

  • Mr Taylor specifically said that D-9 was the document that he saw and it will me just some time to find it - and old version of my outlines apply now.

  • I don't dispute that Mr Taylor said he saw D-9 but he said he just saw a document but did not look at the contents.

  • Mr Koumjian, take your time and just - let's just make sure that the evidence is accurately put to the witness.

  • Mr Sesay, I'm going to read again from the transcript, if we could have the transcript from 26 November 2009, page 32611. I'll start to read from line 6. Mr Taylor was asked:

    "Q. Won't you take a look at D-9. Make sure we are

    talking about the same document. I don't want there to be

    any ambiguity about it.

    A. This is the document. If it's D-9, this is the salute

    report that was made to Foday Sankoh when he arrived in

    Monrovia, according to him."

    So, Mr Sesay, are you saying that Charles Taylor -

  • Sorry, Mr Koumjian, you might want to go to the next page, 32612.

  • Well, I'm satisfied that I put the correct testimony of Mr Taylor to the witness.

  • Just hold on, please.

  • Line 1 to 2: "He had it in his hand, I did not read it, but I saw it in his hand."

  • Yes, but if the witness was given this D-9, he saw it, and he confirmed that this was the document, what is the dispute? The objection is overruled.

    Mr Koumjian, put the question.

  • Mr Sesay, Charles Taylor couldn't have seen the document if, as you say, it was authored by Gibril Massaquoi after your arrest, correct?

  • Well, maybe the one Mr Taylor saw was different from this.

  • If the witness could be shown P-66. Mr Sesay, had you seen this document before you testified in this case?

  • Well, in fact, it was a document in your own trial; isn't that true?

  • Well, I don't recall.

  • If we could look behind tab 38, please, of the bundle of documents that was previously distributed. Just so it's clear, we are talking about the same document, I'll be reading the questions beginning at line 6. At that time, the Prosecutor asked:

    "Q. Perhaps just to make sure you do have the same

    document as everyone else, at the very top, it says

    'Confidential', and the next heading is 'Revolutionary

    United Front of Sierra Leone, brigade'" - excuse me, it's

    written in the transcript - "'brigadier headquarters

    Buedu,' and then it has the date of 24 June 1998."

    The witness was asked on line 12 how it is he recognised the document, and the witness, and this is closed session, so it shouldn't be on the screen, said: "Well, I wrote it, Mosquito instructed me to write it." And then the question is:

    "Q. And this is a document that is addressed to His

    Excellency, the President of the Republic of Liberia,

    Dr Charles G Taylor through a person known as Alhaji Musa

    Cisse."

    And he's asked who that person is. And then, line 22, he's asked:

    "Q. Do you know if this letter was sent?

    A. Yes, I wrote it. I gave it to him. He signed one

    because there were different ones, there were different

    copies. But it was this same content but it was not only

    one copy."

    Then looking at the questions that begin on line 29, the bottom of this page, just so we are sure this is the same document, the question was read:

    "Q. The first paragraph reads:

    'Be informed that the Guinean government in collaboration

    with the Nigerian-led ECOMOG troops are carrying out a

    cross-border attack on our position at Koindu and Kailahun.

    This attack has been going on since June 15 this year and

    is still continuing on our ground by the riverbank.'"

    Then let's go to page 49, please. The witness was asked:

    "Q. The second last paragraph states that the bearer of

    this letter, Prince Rennie, will explain to you in detail

    on situation on the ground.'

    Do you know who Prince Rennie is?

    A. Yes, that is the men that come from Liberia and come

    over to us."

    At the bottom line he says: "Well, yes, they were members of the special security who were with Charles Taylor." Now, do you recall, Mr Sesay, that this was a document in your own trial?

  • Yes, I recall.

  • And you told us that adjutants would keep copies of documents, correct?

  • It would make sense that the copy that's sent would be signed and the copy that is kept would not be signed, correct?

  • When they prepare documents, you sign them. And even the ones that were to be kept in the records would be signed.

  • So, for example, a letter you sent to Charles Taylor would be signed by you in the records of Charles Taylor. It may be unsigned in the record of your adjutant, but it would be signed - a signed letter that you would send to him, correct?

  • No. When they prepare letters, they prepare two copies. I sign both of them and one goes to its destination and the other one remain in the file.

  • So can you explain how Charles Taylor would have letters from you that are unsigned in his archives?

  • Say the question again, sir.

  • Can you explain why Charles Taylor would have letters - a letter from you - remember last week, or Monday, we looked at the letter dated 11 May 2000 and it was signed E-S-S-A Sesay and the Sesay was misspelled also? Do you remember that document?

  • Yes, sir.

  • And it did not have a signature? Do you recall that?

  • Yes, sir, I recall that.

  • Can you explain why Charles Taylor would have a letter from you that's not signed by you?

  • Well, I don't know. Because this is not how my name is spelt, my surname.

  • Your Honour, could that document behind tab 38 with the testimony be marked for identification confidential? And the document, by the way, for the record, that I referred to with the 11 May 2000 letter is D-243.

  • This is the testimony contained in the Sesay et al transcript of 28 of July 2005, closed session testimony, pages 47, 48, 49, and I don't know if you want to include the back page.

  • The back page. Those are marked together as MFI-35.

  • Just for the record for those who may be reading this transcript much later, the document that I was referring to dated 11 May 2000 that is unsigned but has the name "General Essa C Seasay", that was document D-243.

    Could the witness be shown D-258, please.

  • Mr Sesay, this letter was shown to you briefly during your direct examination on 26 July and do you recall telling us you've never seen this letter before?

  • Did you write this letter?

  • No, I said I didn't.

  • And did you ever see it before coming to court in this trial, the Taylor trial?

  • No, I did not see it. I don't recall. I don't recall seeing such a letter.

  • If we could have the testimony from 19 August 2009, page 27166, please. This is the testimony of Charles Taylor. Beginning on line 2, the document was being read by counsel, and he quoted from the letter:

    "Q. 'RUF, Dear Papay, we greet you in the name of Allah and

    the revolution and the high command of the RUFP. Your

    children are still committed and loyal to you and the

    revolution.'"

    I'm going to skip down, rather than read the whole letter. We see at the bottom two lines on that page - bottom three lines, Mr Taylor was asked:

    "Q. Was this the letter?

    A. This is the letter that Obasanjo and Konare took from

    Sesay to Foday Sankoh while he was in custody in

    Freetown, yes."

    Then at the top of the next page, 27167, he was asked:

    "Q. And how did you come to have a copy of the letter?

    A. I was supplied a copy by the RUF after this letter went

    to Sankoh. Obasanjo had a copy, Konare had a copy."

    Then there was a question from the judge about the signature, the Justice, and Mr Griffiths asked:

    "Q. Where do you see a signature, Mr Taylor?

    Excuse me, I should start from line 3. Line 2 Justice Sebutinde asked, "Who signed this letter, Mr Griffiths?" And Mr Taylor answered:

    "It is signed by, we can't see the signature but it is signed by Issa, the interim leader. Where you see it up there but you can't really, this copy is not quite clear."

    And then he was asked where he saw the signature and he answered:

    "Well, I see some markings between decision and here. The signature is in here, but I know it's Issa because I was told that Issa signed the letter as interim leader. That's contestable, but I was told that Issa signed it as interim leader."

    Mr Sesay, did you sign this letter?

  • I've not seen a signature here.

  • I agree with you about that. Mr Sesay, can you explain how this letter, supposedly given to Foday Sankoh by you, or through your instructions, how this came to be with Charles Taylor?

  • The witness has said he has no knowledge of the letter. I don't know what else he can explain beyond that.

  • Why don't we hear from the witness himself? Please answer the question, Mr Sesay.

  • I sent a letter to Mr Sankoh through the ECOWAS leaders, but I don't know of this because the one which I sent had my signature and I presented it to the ECOWAS leaders, including Mr Taylor. All of them saw it.

  • Mr Sesay, are you saying that you sent the same or a similar letter but with a signature to the ECOWAS leaders?

  • Yes, my Lord, because we wrote it, it was handwritten, to Mr Sankoh. We gave it to the ECOWAS leaders for it to be delivered to Mr Sankoh.

  • So you are saying the content of this letter reflects accurately the letter that you sent except for the lack of the signature?

  • Well, I have not read the entire letter yet, my Lord, but the letter which I sent had a signature. I have not read this one yet. I don't know the content of this one yet.

  • Can the witness be given the letter to read? It's just one page. And after you read it, Mr Sesay, confirm to the judges whether this is indeed the content of the letter that you sent to the ECOWAS leaders.

  • Yes, my Lord. Yes, ma'am. Although some of the words I could not see clearly, but the letter that we wrote to Mr Sankoh is almost similar because I spoke about the letter what we wrote to Mr Sankoh, spoke about the meeting that we held, that is the information that ECOWAS leaders gave to us, which included the replacement of Mr Sankoh. It's almost the same like this.

  • When you say the letter we wrote, who is the "we"?

  • "We", the RUF, but I was the one who signed the letter.

  • Very well. Mr Koumjian, please continue.

  • Who wrote the letter?

  • I would recall that it was my adjutant who wrote it.

  • That is Samuel Jabba.

  • Where was he when he wrote the letter?

  • I think it was after the meeting in Kono, when we returned, it was when we wrote the letter. It was in Monrovia that we wrote the letter.

  • And what happened with the letter that you signed?

  • Well, I said I gave it to the ECOWAS leaders, and the letter was taken to Sierra Leone, and they gave it to President Kabbah; and in President Kabbah's testimony, he said they changed taken the letter. No, the letter was given to President - to Mr Sankoh, and President Obasanjo and Konare were there. Mr Sankoh was taken from the prison and taken to Lungi and the letter was handed over to him.

  • Was it a handwritten letter?

  • Yes. I think so. We used a pen to write it.

  • So, Mr Sesay, why would someone make a copy, another handwritten copy of a handwritten letter?

  • Well, I don't know, but the content of the letter which I sent is the same as this.

  • I want to move on --

  • Mr Koumjian, before you move on, I would like to clarify.

    Mr Sesay, in your evidence you mentioned that there were copies for President Obasanjo and President Konare, now was the letter written by hand and then the copies also written by hand, or was there an original and someone helped you get a photocopy while in Monrovia?

  • My Lord, we wrote the letter to Mr Sankoh and we give it - we gave it to the ECOWAS leaders.

  • I'm still not clear. Does that mean you wrote only one letter and someone made copies by a machine?

  • No. Others were written, and I had one in my file also; one was sent to Mr Sankoh, the one that the ECOWAS leaders brought.

  • Mr Sesay, I want to move on to another topic. Was there a time during the junta that the RUF proposed merging the SLA with the RUF into one unified People's Army?

  • That was the time that the AFRC overthrew and the RUF was invited. That was when Mr Sankoh proposed that and he spoke to Johnny Paul, but that did not work. The SLA did not accept that.

  • How was that proposal done? Did you - was any document prepared about that?

  • No. According to what I understood, when Mr Sankoh and Johnny Paul spoke at the initial stage of the coup, that was when Mr Sankoh said the idea of the RUF joining the AFRC was a good idea, but they did not accept that, to form the People's Army was a good idea.

  • Well, isn't it the fact that Sam Bockarie prepared a written proposal and he - for Johnny Paul Koroma, and that was sent, that document, to Johnny Paul Koroma?

  • Well, we, the RUF, referred to ourselves as the People's Army but the AFRC did not accept to be called the People's Army.

  • No. My question is: Was a document prepared and sent to Johnny Paul Koroma by Bockarie?

  • Yes. I know of a document that Sam Bockarie prepared and sent to Johnny Paul Koroma about the council members, and I was instructed to sign it on his behalf and send it to Johnny Paul Koroma, and even about the reintegration of the RUF into the army, but all of those did not work. So the name, the People's Army, was only used by the RUF.

  • So did you sign the document on behalf of Sam Bockarie and send it to Johnny Paul Koroma?

  • Could the witness be shown the document behind tab 5 of the bundle that was handed out this morning.

  • This is P-360. Mr Sesay, in this document, P-360, we see it's to His Excellency Major JP Koroma, Head of State and Chairman of the AFRC from the Military High Command and War Council, People's Army of Sierra Leone, and the subject is Proposal For the Tentative Integration of the People's Army Into the National Army and the Political Circle. It's dated 13 August 1997.

    I don't want to take time to read all of it but, turning to the second page, the salutation is: "Respectfully submitted, yours faithfully, Colonel Sam Bockarie, Battlefield Commander, People's Army of Sierra Leone", and above that we see "for" and a signature. That's - this is the document you just told us you signed for Sam Bockarie, correct?

  • Yes.

  • And, Mr Sesay, this is one of the signatures that you denied this morning, that was number 5 on MFI-34. Why did you deny this signature this morning?

  • This is my signature.

  • Yes. Even though it has the loop, this is your signature, correct, the "Y" is in a loop that goes up?

  • Yes. I said it's my signature.

  • Thank you. Could the witness be shown the document behind tab 4 from today, which is P-28? Actually, if we could have the P-28 which has some colours on it put on the screen.

    Actually, could I be handed the document for just one moment, myself? Thank you.

    If we could show the bottom of the document with the signatures, please.

    Mr Sesay, we can see from the bottom of the document that the printed names, General Issa Sesay and General Yeaten they are written in the same coloured ink in what appears to be the same printing. Would you agree?

  • Yes, it's the same colour.

  • Did Benjamin Yeaten have adjutants working for him?

  • Well, I would suppose so, but I did not know the person.

  • Were you familiar with how orders were issued in the Liberian military, what they would look like, in 2001, January 2001?

  • I was not familiar - I was not familiar with the Liberian administration. I only used to meet with them once in a while, but I did not know how they worked.

  • Benjamin Yeaten was the director of the Special Security Service, the SSS, correct?

  • But on the battlefield, he was something else. He was the general responsible for all military forces, militia and the AFL, isn't that correct?

  • I did not know about that.

  • On the battlefield, it would make sense that - not to refer to him as director but, rather, to his title of General, wouldn't that make sense to you, based on your military experience?

  • Well, the two of us never went on a military operation, so I don't know.

  • You saw the photographs, which we showed last week, of Benjamin Yeaten with a red beret with four gold stars. You remember that?

  • Yes, I remember.

  • Did you see him wearing that beret during your dealings with him?

  • No. When I dealt with him, I did not see him wear that beret, when I used to go to Monrovia.

  • Mr Sesay, the signature above where it's printed "General Essa Seasay" - well, first of all, a Liberian adjutant wouldn't know how to spell your name correctly, Issa; isn't that true?

  • Well, I don't know. What I know is that my name is "I", not "E".

  • Do you know how the name Issa is normally spelt, for example, in the Gambia?

  • No, my Lord. I have never been to the Gambia, so I don't know.

  • And, Mr Sesay, the signature that appears above that printing, that's one of the signatures that you acknowledge this morning as being yours, correct?

  • Well, I indicated the signatures that I said were mine, but they could be forged by somebody.

  • Thank you. I'm done with that document.

  • Mr Koumjian, you did not indicate which numbers - which number of signature this particular signature is.

  • I apologise. I thought - it's number 4. So the copy of the document is behind tab 4 and all of the documents appear in the tabs according to the number that they are on MFI-34. So the document that was P-360, that I referred to, was number 5 on MFI-34 and appears behind tab 5.

    Could the witness be shown the document behind tab 9. Actually we have apparently the original. This is RUF exhibit 210 so perhaps that should be shown to the witness. Court Management has that.

  • Mr Sesay, do you recall - if we go to the second page, do you recall presenting in your Defence case this exhibit in the RUF trial?

  • Well, I cannot recall all the exhibits that were presented in my case.

  • Do you recall, Mr Sesay, writing to Daniel Opande, lieutenant general, then the force commander of UNAMSIL, in December of 2000, this letter that you see before you?

  • Yes, I wrote the letter to him.

  • And is this your signature on this letter?

  • Mr Sesay, what is your answer?

  • I don't recall signing that letter like this.

  • But you say you wrote the letter?

  • Yes, I wrote a letter to General Opande.

  • That was not the question that counsel asked you, and we are not interested about "a letter" that you wrote. We are talking about this letter that was exhibited as 210, a Defence exhibit, in your case, the RUF case. Did you write this letter?

  • Yes, my Lord. I write - I wrote a letter to General Opande, yes.

  • I'm asking you about this letter. I'm not interested about a general letter. This letter. Did you write this letter or did you not write this letter?

  • I wrote it, my Lord.

  • And did you sign the letter that you wrote?

  • So, then, is this the letter that you wrote or a copy thereof? Is this a copy of the letter that you wrote to Opande?

  • Well, my Lord, this signature is different.

  • Mr Sesay, are you saying that the document that was presented during your Defence case had a false signature on it?

  • Well, I am saying that I cannot recall all the exhibits that were presented in my Defence case.

  • Mr Sesay, nobody is talking about all the exhibits that were presented in your Defence case. We are talking about this letter, only this letter, and the signature on this letter. So answer the question, please. The question is: Are you saying that in your case, you exhibited exhibit 210 containing a false signature?

  • No, that couldn't have happened. That couldn't have happened, my Lord.

  • Then exhibit 210 had a genuine signature; is that what you're saying?

  • Yes, my Lord.

  • Mr Sesay, I want to move then to another document but first I'd ask that this be marked for identification, the original.

  • Mr Koumjian, we would like to know which number of signature this represents on that list of 15 signatures.

  • This is number 9. All of the tabs are in the order of the numbers that were on the MFI-34, the signature page, so this is number 9.

  • In other words, this is the signature that Mr Sesay originally discounted as a forgery, but now admits is genuine?

  • Mr Sesay, I want to ask you about the last signature that you denied, and that's Defence exhibit 258, D-258 in this case. Excuse me, 259, 259. And that's behind tab 15.

  • Mr Koumjian, did you ask me to mark tab 9, the document in tab 9?

  • Well, your Honour, we actually have the original which is also an RUF exhibit, so I don't know how Court Management feels about us taking the original. I think we could do that since this is an ongoing trial and that's a completed trial. No? I see I'm getting a head shake, so I'd ask to mark the document behind tab 9, please.

  • All right. This is the document entitled, "Revolutionary United Front Party of Sierra Leone." It's a letter to Daniel Opande, dated 7 December 2000 and signed by Issa Sesay. This document is a replica of the RUF exhibit 210. That is marked MFI-36.

  • Mr Sesay, you've been handed the exhibit D-259 and looking at the second page, is that your signature or is that forged?

  • No. This is not my signature.

  • Thank you. So, Mr Sesay, again, we have here a press communique supposedly issued by the RUF, by you, dated 21 August 2000, but this is not your style of writing, is it?

  • No. I did not write.

  • Looking at the first page, the fourth paragraph, the fourth line, it has your name spelled Issa with an "I" and Sesay, S-E-S-S-A-Y. Is that how you spell your name, with three "S"s?

  • No. It's one "S" but this is two "S".

  • So someone in Monrovia issued this press release, following the meeting with the ECOWAS leaders on your behalf and forged your signature. Is that right?

  • Well, I don't know, because the meeting with the ECOWAS leaders was on news, it was known world wide.

  • Well, let's look at the press communique. Have you read it, or do you want me to read it out?

  • You can read it.

  • I'm going to read it and I'm going to ask you whether you've read this before:

    "Press communique issued by the Revolutionary United Front, RUF, following a meeting with His Excellency Alpha Oumar Konare, President of the Republic of Mali and chairman of ECOWAS. His Excellency, Chief Olusegun Obasanjo, President of the Federal Republic of Nigeria, and His Excellency Dankpannah Dr Charles Ghankay Taylor, President of the Republic of Liberia, Monrovia, Liberia, August 21, 2000."

    By the way, Mr Sesay, in Sierra Leone do you follow the American convention of saying month and then day, August 21, or do you follow the British convention of saying day and then month, 21 August?

  • In Sierra Leone, the date comes first and the month and then the year.

  • Thank you.

    "The high command of the RUF today met with His Excellency, Alpha Oumar Konare, President of Mali and chairman of ECOWAS. His Excellency, Chief Olusegun Obasanjo, President of the Federal Republic of Nigeria and His Excellency, Charles Ghankay Taylor, President of the Republic of Liberia. The meeting was sequel to the one held in Monrovia on 26 July 2000 and the High Command's letter dated 1 August 2000 to Chairman, Foday Sankoh on developments connected with the peace process in Sierra Leone.

    His Excellency, President Konare and His Excellency, President Obasanjo, brought a handwritten and signed reply to our letter addressed to chairman Foday Sankoh. We are convinced that the letter which confirmed Brigadier General Issa, with Sesay misspelled, as the interim leader of the RUF is authentication. As the high command of the RUF, we are fully appreciative of the advice provided us by the three ECOWAS Presidents and we pledge our readiness to cooperate with ECOWAS in the achievement of lasting peace in Sierra Leone.

    The RUF cherishes the hope that the Government of President Tejan Kabbah will fulfil its total obligations under the Lome Accord. We welcome the decision of His Excellency, President Ahmad Tejan Kabbah to release about 171 of our comrades in detention in various cities in Sierra Leone as a mark of confidence building and in the new spirit of peace in our country."

    Mr Sesay, actually, the government didn't release 171 RUF, did they?

  • No, no.

  • They released people and the RUF pointed out that these are not our members, correct?

  • Well, later, they released RUF members, five of them, but I don't know about people who were released and the RUF objected that they were not their members. I don't know about that.

  • I'll continue reading:

    "As a mark of our sincerity and reciprocity, we have also decided to release, as early as arrangements can be made with UNAMSIL, field commanders, the equipment captured by our fighters. Furthermore, the RUF high command calls for the early deployment of UNAMSIL troops from the subregion in our areas of operation in Sierra Leone and assures of our readiness to cooperate with them in order to ensure the success of the DDR programme in particular and the peace process in general, as mandated in the Lome Peace Accord. The high command expresses gratitude to all the leaders of ECOWAS, in particular to Presidents Alpha Konare, Olusegun Obasanjo and Charles Taylor for their untiring efforts in bringing durable peace and stability to our dear country, Sierra Leone. Done in Monrovia this 21st day of August, AD 2000."

    Mr Sesay, did you see this letter before, or did you see this letter in August 2000?

  • Well, I did not see the letter in August of 2000 but I know that my delegation held a press conference. They made the press release, and it was Kposowa, Massaquoi, Abdul Razak and Ken.

  • So Mr Sesay, is this your signature or is it not your signature?

  • No. I said it's not my signature. But my delegation held a press conference and they made a press release and they held a meeting with the ECOWAS leaders in Monrovia.

  • That press conference was arranged by the Liberian government, correct?

  • No. It was the RUF delegation that called for that. They spoke to the journalists and they wrote it. So they made a press release about the development of the peace process and the readiness of the RUF in the process.

  • I'm going to move on from these documents now, unless there is any further questions.

  • Mr Koumjian, the signature on this document, does it appear on your list of 15?

  • Yes. This is number 15.

  • Mr Sesay, the RUF joined with the Liberian forces to attack Gueckedou and towns in Guinea; isn't that correct?

  • No, that is not correct.

  • I'd like to read to you from the testimony of 30 March 2010, page 38260. This is from a Defence witness in this case. DCT-215. Beginning at line 25, the witness was asked during cross-examination:

    "Q. And another main point you testified about was that

    the RUF and the AFL, the Liberian Armed Forces, after the

    Lome Accord, sometime later they joined forces to attack

    Gueckedou and other towns in Guinea, correct?

    A. Yes, you are correct."

    Mr Sesay, you ordered RUF forces to fight in Guinea and to follow the directions of NPFL or AFL, Armed Forces of Liberia, commanders, correct?

  • No. I did not order any RUF to go and fight in Guinea together with the AFL, except for people who went on their own, but I did not order anyone to go and fight, be it in Liberia nor Guinea, no.

  • Let's look at this witness's testimony at page 38162 of 26 March 2010, page 38162. Mr Sesay, do you know Joe Kwame?

  • Joe Kwame? No, I don't remember.

  • Beginning at about line 10 - line 9, the witness said:

    "A. No. Matthew Barbue - I mean Joe Kwame was not

    accepting commands from Matthew Barbue, but the instruction

    from Issa to Matthew Barbue was that whatever plan that

    comes from Joe Kwame, all of us should work together to

    accomplish that aim so that our areas would not come under

    attack. So we were only trying to prevent our areas from

    being attacked. This was a guerilla warfare and we were to

    do anything to prevent our areas from being attacked."

    Mr Sesay, you ordered Matthew Barbue to go to Guinea and to coordinate and take instructions from the AFL; isn't that true?

  • No, no. I did not send Matthew Barbue to Guinea, and Matthew Barbue did not go to Guinea.

  • In the fighting, fighting in Guinea, you talked about RUF forces, you made some vague references to cross-border fighting. Are you admitting, Mr Sesay, that the RUF crossed into Guinea and attacked Guinean towns, yes or no?

  • Well, it's on the border. The Guineans used to attack and the RUF too used to attack, and that was towards the Kambia area.

  • By the Kambia area, are you talking about Guinean towns like Madina Wulo?

  • Well, I did not know about Madina Wulo, or Madina "Wala", as you said it. I did not hear about that. But I heard it was around the borderline.

  • Well, thank you for correcting my pronunciation. What's the correct way to pronounce it?

  • Well, it's a town also around the Makeni area. I hear people call it Madina Wulo. Even before the war, I used to hear that name, and I hail from that area.

  • Did you hear of RUF attacking Pamelap?

  • No, I did not hear. I said I heard about the borderlines, I heard that the Guineans were launching - I heard the Guineans launching and the RUF too repelled them. That was around the borderlines.

  • Well, let's be - please clarify that for me. Are you saying, yes or no, did the RUF attack towns on the other side, on the Guinean side of the border?

  • Well, no. I heard about the borderlines.

  • Mr Sesay, during the fighting in September 2000, up through January 2001, early 2001, the RUF suffered major defeats in fighting the Guinean Armed Forces in Guinea; isn't that true?

  • Well, I know that some fighters got wounded at the borderline, but they were not many.

  • Because the Guineans at that time were well-armed with helicopter gunships, with jets, with artillery, correct?

  • Yes. The Guinean troops are armed, but that problem has started since '98 on the borderline between the RUF and the Guineans, and even in '99 or early 2000, when Komba Gbundema disarmed a 40-barrel missile and some 35 jeeps from them on that same road.

  • But they became even better armed in late 2000, 2001; isn't that true?

  • Yes, because they were shelling at the borderline, they used to come and attack the RUF positions, so the RUF were also defending themselves on the borderline.

  • Mr Koumjian, are you and the witness talking about the same thing? The witness is referring to hostilities on the borderline, whereas you're talking about fighting in Guinea. Are you talking about two different instances?

  • Mr Sesay, the fighting was in Guinea where RUF soldiers were wounded and killed, correct? It was over the border.

  • No. I did not know about that. I only know about the border.

  • If we could look at the testimony for 1 June 2010, page 41805. This is from DCT-292, another Defence witness called in this case. If we could go to the bottom of the page, the last two lines, the witness was asked:

    "Q. But you knew that the RUF had sent - done a major

    operation in Guinea. You knew that as being a person of

    high position within the RUF, correct?

    A. Yes.

    Q. And you were close to Issa Sesay at that time,

    correct?"

    He was asked to repeat it - he asked to repeat the question. Then the witness was asked:

    "Q. In your jobs after Sam Bockarie left Liberia, from,

    let's say, from December, from let's say January 2000 up

    until Issa Sesay's arrest in March 2003, you reported

    directly to Issa Sesay, correct?

    A. Yes."

    And just before we get a response from you, Mr Sesay, the same witness on 3 June 2010, page 42035 - while that's coming up, Mr Sesay, you made Superman the battlefield commander when you were the interim leader, correct?

  • Yes.

  • Starting at line 7, in the middle of the line, the witness said - the question to the witness was:

    "Q. Superman was made the number two to Issa Sesay in the

    RUF military command, correct?

    A. Yes, my Lord.

    Q. And they were working together after 8 May 2000,

    correct?

    A. Yes, my Lord.

    Q. Superman led troops into Guinea, correct?

    A. Yes, my Lord.

    Q. Those were RUF troops, correct?

    A. Yes, my Lord."

    Mr Sesay, I've read you from two different witnesses called by the Defence for Charles Taylor who said they were RUF and said that RUF was sent into Guinea to fight. That's true, isn't it?

  • No. RUF did not send fighters to go and fight in Guinea. I know about the border line attacks that the Guineans were attacking, so we also told our men to defend themselves at the border positions where they were located.

  • You ordered the troops to attack Guinea following instructions you received from Charles Taylor; isn't that true?

  • No. I did not get such an instruction from Mr Taylor.

  • I'm now going to read from some Prosecution witnesses, starting with 6 February 2008, page 3273. This is from the testimony of King Perry Kamara. Going to about line 20, line 18, I begin reading from the end of line 18:

    "It was during Issa's command, Issa used to send manpower

    and, before Bockarie left, Bockarie used to send manpower

    to go and fight in Lofa, Lofa is an area that joins

    Sierra Leone. That was an instruction from Mr Taylor. And

    even after we attacked UN, ULIMO was also attacking Taylor

    from the border, the Guinea border. So he requested for

    Mr Sesay, who would come and contribute manpower, they

    would go and fight along the Guinea and Liberia borders.

    This used to happen all the time. And later again Taylor

    called for RUF senior officers meeting in Monrovia. He

    requested for a mission that was to go and attack Guinea by

    Sierra Leone and also attack Guinea's position by Liberia,

    Lofa County.

    Q. Just briefly, when was the - when did Mr Taylor ask

    Sam Bockarie to send forces to go and fight inside Liberia?

    A. It was 1999. It was in '99. That was when we had

    returned from Freetown, our fighting had quelled down a

    little. That was the time. Because immediately after our

    men had withdrawn from Freetown we were not fighting any

    more, so our troops were going to fight in Liberia. That

    was under Sam Bockarie's administration.

    Q. And when was it that Issa Sesay was asked to raise

    manpower to help fighting inside Liberia again - Guinea,

    I'm sorry?

    A. That was the time when Issa Sesay was now the RUF

    commander and this was the time we had arrested and taken

    away the UNAMSIL or United Nations weapon and ULIMO started

    attacking Taylor from the border, so he requested for

    Mr Sesay, so that Issa Sesay could send troops there,

    because of the route Issa Sesay would use to Liberia, so

    that that route should not be blocked. That went on

    until the time he called again for a meeting to organise

    and attack the Guinea position. Mr Taylor called this

    meeting."

    And let me skip to the next page, to about line 18 again, just to finish this thought. Perhaps go up to the middle of the page, please. Thank you. Line 15, the witness said:

    "A. Yes, we started this. That was the time when we went

    and attacked Guinea, from Foya we attacked Guinea, that is

    Liberia, and also we attacked Guinea from Pamelap, that is

    northern part of Sierra Leone. It was at that time that we

    started recruiting again and this arrangement was from

    Mr Taylor, according to our senior officers who were

    invited to Monrovia."

    Mr Sesay, the RUF started receiving requests from Charles Taylor to fight against his opponents who came from Guinea, that is Mosquito Spray and later what became LURD, isn't that correct?

  • No, no. Mr Taylor did not request to me for the RUF to go and fight in Liberia, no. I was not aware of that. And Mr Taylor did not invite me and my senior officers to a meeting in Monrovia during which he told us to go and attack in Guinea, no, because the only officers with whom I went to Monrovia were Gibril, Kposowa and others, that was during the meeting with the ECOWAS. Since then I did not assemble any RUF senior officers for us to go and hold a meeting with Mr Taylor.

  • Very well. We will take a midmorning break now and reconvene at 11.30.

  • [Break taken at 11.02 a.m.]

  • [Upon resuming at 11.36 a.m.]

  • Mr Koumjian, please proceed.

  • Your Honour, just before I begin, just to note a change of appearance. Lena Sokolic, who prepared the bundle of documents with the signatures this morning, has left us.

  • Mr Sesay, I'd like to read to you now from the testimony of another witness, 23 January 2008, page 2045. We're still on the subject of the RUF fighting in Liberia and Guinea under the orders of Charles Taylor, and I'm going to read to you from the testimony of Abu Keita. So, going to about line 20:

    "Q. Can you tell us were you involved in operations by the

    RUF outside the borders of Sierra Leone?

    A. Yes."

    And he explained:

    "The first operation was Mosquito spray 1999, August, and when they attacked Liberia from Voinjama and Kolahun, that was the first operation that I took part in."

    And he is asked to explain Mosquito Spray, and on the next page at the top he testified:

    "A. Mosquito Spray was one commander of the LURD rebels

    who entered into Liberia. That was the name that he called

    himself, he said Mosquito Spray. He said he was in Liberia

    to spray the AFL and the national police and to remove

    Charles Taylor from power."

    Skipping down that page to about line 20. Thank you. Line 22:

    "A. Sam Bockarie contacted us in the morning to prepare

    ourselves to move to Foya. He said because LURD rebel

    Mosquito Spray had already attacked Voinjama and Kolahun,

    so Benjamin Yeaten said we should move. So he got the

    instructions from Benjamin Yeaten. So he called Issa Sesay

    and Morris Kallon for us to move and implement this

    operation in Liberia."

    And then if we could go to page 2047, the next page, going to the bottom six lines, line 24:

    "Q. Were there other units besides RUF that were fighting

    together against Mosquito Spray?

    A. Yes, they were the AFL, whom I told you that their,

    their commander was Colonel Stanley, the battalion

    commander in Foya, and the police and the ATU. We all did

    the operation to clear off Mosquito Spray from Kolahun and

    Voinjama."

    Skipping to the bottom of the next page, 2048, the last four lines, he was asked about the next operation, and he said:

    "A. The next one, after releasing the peacekeepers, which

    were the Zambians and the Kenyans, when Issa Sesay came

    with the 50 boxes of ammunition, we moved from Makeni to

    Kamakwie and then the commander, who was in Kokuima, who

    was called Colonel Komba Gbundema, he was the commander in

    Kamakwie, and then we used the Kabbah Ferry. We met -

    we went to Madina Wulo. We attacked Madina Wulo in Guinea

    and then, in that attack, we incurred more casualties."

    He was asked when that occurred, the capture of the peacekeepers, and he said: "That was 2000." Skipping down about 10 lines, line 10 - excuse me, line 16, he explained:

    "A. In that operation we were fighting against the Guinean

    army.

    Q. Who was commanding the RUF forces?

    A. It was Short Bai Bureh.

    Q. Sir, did you receive any information? Were you told

    why RUF was going to Guinea, attacking Guinea at that time?

    A. Issa Sesay said Charles Taylor informed him that we

    should give him grounds in Guinea so that the time for the

    disarmament into Sierra Leone, some of arms we had would be

    crossed over into Guinea for safekeeping."

    Skipping down about another 10 lines, to about line 18. Thank you. Line 22:

    "A. The next operation was Dennis Mingo, alias Superman,

    when we moved from Kono we attacked Guinea closer to

    Kissidou. We went in between Kissidou and Gueckedou and

    then they had a refugee camp there where both Liberians and

    Sierra Leoneans were based."

    Going to the next page, to the middle of the next page, line 15:

    "Q. And how long do you think you were in Guinea that

    time?

    A. We spent a month. We retreated to Sierra Leone."

    Skipping to the next answer, he said:

    "A. We moved to Kono. From there Issa provided transport

    for everyone of us and we moved to Liberia and we were in

    Foya where we met Colonel Benjamin Yeaten and he said

    'Guys, everybody should get ready for the operation'. He

    said, 'This time around we have to take Gueckedou.' So we

    used the Solomon crossing point, that is the crossing point

    between Liberia and Gueckedou they call 'Solomon'."

    Going to the next page, 2052, the fourth line:

    "A. It was a joint operation. The RUF, the AFL, the ATU,

    the police, all of us crossed."

    Skipping down to his next answer, about 10 lines down - line 18:

    "A. The commander was Benjamin Yeaten. The field

    commander was Superman and then we had different

    commanders. I was a commander, Matthew Barbue was a

    commander, was Mark Gwon was a commander. Then I think the

    operation was planned and signed by Issa Sesay and Benjamin

    Yeaten, and then I think I gave a copy of that to the

    Prosecution. I wish you can help me with the copy to

    identify them to the judges."

    And, Mr Sesay, then he was shown and identified the document P-28, which you were shown this morning, and that was number 4 on the signature page, and you identified your signature on that document.

    Going to page - do you remember, Mr Sesay, on that document, P-28, Matthew Barbue was listed as Major General?

  • Yes, I saw it there.

  • Matthew Barbue was promoted to major general by Benjamin Yeaten and yourself, isn't that true?

  • No, I did not go up to the rank of major general. How could I promote somebody to the rank of brigadier general?

  • Your Honours, can the witness repeat that last part of his answer, kindly.

  • Mr Sesay, can you repeat your answer, please.

  • My Lord, I said Matthew Barbue was in Makeni. He did not go to Guinea. And I was a brigadier general. How could I have promoted somebody to the rank of major general when I was not up to that rank, major general.

  • Mr Sesay, that is because, isn't it true, in Liberia, in the field, people received higher ranks in the Liberian militia forces than they had in regular forces, isn't that true?

  • I don't understand the question.

  • After July 2000 you were the interim leader of the RUF, correct?

  • Yes, you're correct.

  • Let's look at testimony from 2 September 2008, page 15179. And this is from TF1-338. Go to about line 10. Line 8, I'll begin reading from there:

    "A. Superman was replaced by Matthew Barbue and Matthew

    Barbue was promoted to a major general.

    Q. Now, who was Matthew Barbue?

    A. Matthew Barbue was an RUF vanguard but he was a

    Liberian.

    Q. And who promoted him to major general?

    A. The agreement was between Benjamin Yeaten and Issa.

    The two of them joined together and promoted him."

    And that's the truth, isn't it, Mr Sesay? Under the instructions of Benjamin Yeaten, you promoted Matthew Barbue while he was in, fighting in Liberia and Guinea, to major general?

  • No, no. I did not promote Matthew Barbue to major general, and I don't know of him being major general, because he did not go to fight in Guinea from Liberia.

  • If we could have the testimony of 23 January 2008, 2055 - this is back to the testimony of Abu Keita. That's 23 January 2008, page 2055, beginning to read from line 4:

    "Q. Sir, during the operation you mentioned against

    Gueckedou, do you know if Issa Sesay went anywhere?

    A. Yes. Issa Sesay and Benjamin Yeaten left us and went

    to Monrovia."

    Then skipping a couple of lines, he said:

    "A. When they came they told us they saw Charles Taylor.

    Q. In these operations that you talked about and discussed

    in Guinea and against the LURD in Liberia, where did RUF

    get its ammunition?

    A. They were supplied directly by Benjamin Yeaten."

    Mr Sesay, Benjamin Yeaten provided the RUF with ammunition to launch these attacks on Guinea and to fight in Lofa County, isn't that true?

  • No. Benjamin Yeaten did not give me ammunition to supply to the RUF and I did not send RUF to be based in Lofa and fight in Guinea. The only RUF whom I knew went to Liberia when we started - was when we started the disarmament; those who refused to disarm, they crossed over into Liberia.

  • If the witness could be shown P-381, please. And if we could go to the page stamped 26055.

  • Mr Sesay, we see at the top that there's a date of 4 December - 4.12.2000 - it indicates Battle Group Mission Report from Ops Madina Wulo on 3 September 2000 materials issued: "One, 50 boxes AK rounds. Two, RPG rocket." And then it lists manpower and then arms and then lists materials captured and casualties. Turning the page. Again, it lists materials captured, government items. And then we see on the bottom of the page: "Second materials issued for the mission Faramoriah"?

    Mr Sesay, Faramoriah is in Guinea, correct?

  • Well, I don't know.

  • It's dated 29 September 2000 and it says: "10 boxes of HMG rounds. 15 RPG bombs with TNT." Next page: "44 boxes of AK rounds". We then have a list of materials captured, materials used, and then a summary for, in the whole operation: "75 WIA".

    Mr Sesay, did the RUF call wounded WIAs, wounded in actions?

  • Yes, wounded in action, WIA.

  • And is KIA, killed in action?

  • It then lists 20 KIAs. And then going to the next page, it has: "General requisition for another mission ahead. One, 1,000 manpower. Two, 50 boxes of AK rounds. Three, 30 boxes of G3 rounds", and it goes on.

    Mr Sesay, major materials were issued to the RUF by the Armed Forces of Liberia by Benjamin Yeaten in order to attack Guinea, isn't that true?

  • That is not true, because I did not issue these types of ammunitions to the RUF, these that I've seen written here.

  • You have mentioned an RUF radio operator by the name Mortiga, correct?

  • Did Mortiga go to Liberia?

  • Mortiga, I knew that he was in Kailahun when they started the disarmament and during the disarmament he was still in Kailahun. But after the disarmament I did not go to Kailahun so I did not know his - I did not know the whereabouts of all the RUFs because many of them went to Liberia and some of them were in Sierra Leone.

  • Could the witness be shown P-99A and I'd ask to show the ninth and tenth pages in, which would be first the ninth page stamped 19181. Well, it's more than the ninth page in. But 19181. Okay, that should not be shown on the overhead because apparently this version is confidential.

  • Mr Sesay, let me just read this out loud, as I read the document:

    "Reference to the telephone conversation for day. I have dispatched 10 boxes of AK rounds, 10 boxes of RPG rounds, all with" - something I can't read - "TNT for smooth operation. Colonel Gborie is en route with one of your men, major" - looks like it could be Takpor - "assigned at Foya airfield. Contact and keep me posted any latest development. Regards."

    Then we see is says, "Signed for Benjamin D Yeaten" on the left. And then going to the next page we see a message to General Issa Sesay from General 50. It's dated 22 October 2001. In this message it complains:

    "Be informed that your men headed by Colonel Chucky have retreated from Guinea leaving no security at the border."

    Again, at the bottom it's signed "for General Benjamin D Yeaten". Mr Sesay, you, as the interim leader of the RUF, were battling the enemies of Charles Taylor, both in Liberia and in Guinea, isn't that true?

  • No. I did not fight the enemy of Mr Taylor.

  • Mr Sesay, as time went on, during the time you were the interim leader, Charles Taylor was fighting for his survival against LURD. Isn't that true?

  • Well, up to the time - the time that I disarmed the RUF Mr Taylor was the President of Liberia and he controlled almost the entire Liberia. It was only the Guinean border where the LURD attacked, and Lofa. Those were the only places.

  • Well, Charles Taylor testified that in 1991 he made an alliance with Foday Sankoh to fight a common enemy, ULIMO. So in 2001, when LURD was attacking him, and you were the interim leader, did Charles Taylor ask you to assist him, the same way he had asked Foday Sankoh?

  • No, no. If he asked Mr Sankoh but he did not ask me. But I knew that the NPFL came to fight against the ULIMO. But he did not ask me to fight against LURD. Because this operator who wrote these messages in 2000, he was in Kailahun, he was not in Liberia.

  • Mr Sesay, did Charles Taylor ask you for any assistance against the LURD insurgency in either Guinea or in Lofa County?

  • No, he did not ask me. I said he did not ask me. The RUF who went there did so on their own accord.

  • Well, when you say the RUF that did so on their - went there did so on their own accord, are you saying that RUF fighters joined with the forces under Charles Taylor to fight against LURD?

  • Well, what I mean, when I asked them to disarm, the vanguards who refused, together with their bodyguards, they crossed over to Liberia. Even Superman, during the disarmament he crossed into Liberia. He said he was going back to his country. I could not force them. And during disarmament I was not in Kailahun, they used to cross over into Liberia. But to say that officially I organised men to send them to Liberia and fight, no.

  • Well, Mr Sesay, that is what I'm saying. "Int no in masta, kova slort no in misis." You understand what I mean? The "int" knows its master like the fitted African dress knows its mistress. That's exactly what you did; you sent them, the men, to fight in Liberia for Charles Taylor. Isn't that true?

  • No, I did not send any men to Liberia to fight for Mr Taylor.

  • You're saying "men". Now, you didn't answer my question in your last answer previously. You started talking that you didn't organise men to go to Liberia. The question was: To your knowledge, did RUF fighters join with Charles Taylor forces to fight against the LURD, yes or no?

  • Well, the RUF did not send fighters to go and join forces with Mr Taylor and fight against the LURD. I said during the disarmament some of the RUF members crossed into Liberia, those were Liberians and I could not stop them.

  • Did they join the forces to fight against LURD, to your knowledge? For example, let's go with Superman. Did Superman join and fight against LURD?

  • Yes, the Liberians who crossed, they joined the forces in Liberia.

  • How about John Vincent, did he join the Liberian Armed Forces - Taylor's forces?

  • Well, I think so when he crossed during the disarmament, because they were former fighters, they were commanders.

  • Now, in an earlier answer you said that Mortiga had never left Kailahun. Let's look at the testimony of John Vincent from 26 March 2010, page 38176. He was being asked some questions - let me just start reading from line 5, there's one thing I want to mention, he was asked - he said, excuse me, on line 6:

    "A. I mean SOD. That is the name the person called,

    special SOD, special operation division or something like

    that.

    Q. Of the police force?

    A. Of which police force? The LNP, the Liberian national

    police.

    Q. Thank you, Mr Vincent."

    And something was read to the witness, some testimony of another witness, and he was asked:

    "Q. Do you know a radio operator by the name of

    Generation?

    A. No, I don't know Generation, but the radio operator

    that went on that operation was Mortiga."

    So one of the Defence witnesses in this case, John Vincent, who talked about crossing over into Guinea on an operation coordinated with the Liberian Armed Forces said that the radio operator on that mission was Mortiga. That's the truth, isn't it, Mr Sesay?

  • No. I knew that Mortiga was in Kailahun during the disarmament. So if he went to Liberia after disarmament I am not aware of that, because after the disarmament, after I'd given the orders for Kailahun to be disarmed, I did not visit there any more.

  • If we could go to testimony from 18 November 2008, page 20506. This is from the testimony of Augustine Mallah, OG. By the way, you said, Mr Sesay, that Mortiga was in Kailahun at the time of disarmament. Disarmament in Kailahun was late in 2001, correct?

  • Yes, I said Mortiga was in Kailahun up to the disarmament.

  • The operations that you did in Guinea were from September 2000 up until early 2001, January, March. Isn't that true?

  • Well, I did not do any operation in Guinea.

  • So the witness on 18 November 2008, page 20506, reading from about line 12 - line 13:

    "Q. There was a Guinean operation that resulted in conflict

    between you and Issa Sesay, isn't that correct?

    A. Yes, when I said that I was not going to Guinea to

    fight.

    Q. What year did that incident take place?

    A. That was in 2001."

    Skipping down about 10 lines, the witness said:

    "A. I said the only time" - line 27 - "I went towards

    Guinea, the Guinean-Sierra Leone border or the

    Liberian-Sierra Leone border was at the time Issa Sesay

    sent me to go and join the NPFL soldiers at Mendekoma in

    Liberia to fight against the LURD rebels. But I did not,

    in fact, explain the other problem, but when you spoke

    about the Guinean problem, and that was something that

    actually happened between the two of us. He said I should

    go as a reinforcement to Guinea, but I refused going. I

    said I was not going anywhere. I said I was not going to

    fight in Guinea."

    Mr Sesay, the RUF suffered a big loss in morale when fighters were ordered to go to Guinea and they suffered severe casualties and defeat. Isn't that true?

  • What this witness is saying is a lie. Throughout 2000 and 2001, he was in Tongo. They were the ones who refused to disarm in Tongo. That was the time I arrested him. What he is saying here is a lie.

  • If we could have testimony from 2 September, please, 2008, page 15176. I'll begin reading from line 23. 2 September 2008, 15176. Mr Sesay, this is testimony of another witness, TF1-338: Line 23:

    "Q. Mr Witness, in 2001, did Issa Sesay take any

    additional trips outside of Sierra Leone?

    A. In 2001, he was - he did not just - he did not continue

    making trips like that. He made a trip that I recall

    outside Sierra Leone.

    Q. Where?

    A. He went to Monrovia.

    Q. Why?

    A. He was invited by Benjamin Yeaten.

    Q. What happened?

    A. Benjamin Yeaten told him that he called on Issa and he

    said Charles Taylor told him that the materials that he had

    given to him, he was to use them to enter Guinea. He said

    that was the reason why he invited him, so that he will

    come for them to discuss that."

    That's true, isn't it?

  • No, that's not true.

  • Could we have the testimony for 5 March 2008. 5 March 2008, page 5337. This is the testimony of another witness, TF1-337. And go to the answer beginning about line 12. Thank you. Line 11, the witness said:

    "A. At this time I was at Kamakwie number 3 with Komba

    Gbundema when Issa Sesay, Morris Kallon and my former

    commander, Augustine Gbao, came and met us at Kamakwie and

    we all slept in the same house. Then the following

    morning, Komba Gbundema held a muster parade and Issa Sesay

    and Morris Kallon addressed the fighters there to go and

    attack the Guinean territory to oust Lansana Conte.

    Q. Who spoke at the parade?

    A. Issa Sesay was the first to speak - first person to

    talk to us. Later, Morris Kallon addressed us, and I also

    saw a Guinean who also addressed us a bit.

    Q. What did Issa Sesay say when he was addressing this

    muster parade?

    A. Issa Sesay told us at the muster parade that

    ex-President Charles Taylor had given him that mission to

    launch an attack against Lansana Conte in Guinea."

    That's true, isn't it, Mr Sesay? You were given this mission by Charles Taylor to attack Guinea?

  • No. Mr Taylor did not give me any mission to attack Guinea, and I did not address an RUF parade in Kamakwie. That's not true.

  • Did you know - meet any Guinean dissidents in RUF territory?

  • No, no. I did not bring any Guineans who wanted to take our fight to Guinea. I knew about Guineans who were coming from Guinea, who were transacting business in RUF territories, Kono and other areas.

  • I want to read to you from yet another witness, 9 April 2008, page 7056. 9 April 2008, 7056. This is from TF1-516. Beginning about line 6, the witness said:

    "A. After the insurgents took back Voinjama, another

    attack was organised, but that was now within the

    Armed Forces of Liberia, and Voinjama was captured. It

    spent so long and in 2000, the year 2000, sometime in 2000,

    Voinjama again fell into the hands of the insurgents, and

    this time Superman was called upon to come and take care of

    that situation.

    Q. When you say Superman was called upon, who called upon

    Superman to come and take care of the situation?

    A. The negotiation was between Benjamin D Yeaten and

    General Issa Sesay."

    And then if we go down a few lines, he was asked, line 25:

    "Q. And what was it requesting Issa Sesay to do?

    A. To send a strong commander to come and have Voinjama

    situation under control.

    Q. Was any particular commander requested?

    A. Yes, Superman. After the information about sending

    manpower that General Issa responded that Superman was

    going to be dispatched to meet 50 for that operation."

    Mr Sesay, Superman did not leave the RUF, he was re-assigned to fighting in Liberia; isn't that correct?

  • No, no, no. Superman told me that he was returning to Liberia. I did not send Superman, and nobody sent him. He said he was returning to his country.

  • Mr Sesay, surely you recall, since you were the interim leader of the RUF, press reports and accusations that the RUF was attacking Guinea and committing atrocities. You heard about that in 2000 and 2001, didn't you?

  • Yes. I know that there were cross-border attacks when the - which the Guineans started, and RUF too was responding. RUF men got wounded and a few of them died in that.

  • There were media - international media reports and international human rights organisations that were reporting about atrocities committed in this fighting in Guinea; isn't that true?

  • Well, I was not aware of what was happening in Guinea, but I heard when they were reporting about the cross-border attacks because the Guineans too were launching long-range missiles which were dropping in RUF-controlled areas. Those border attacks were started by them.

  • Mr Sesay, didn't you hear media reports about people being killed and homes being burnt in Macenta and Gueckedou?

  • I heard on the media about attacks on Gueckedou, but I did not know what happened there because I did not send anybody there.

  • Mr Sesay, did you read the media reporting that the RUF was involved in those attacks, along with Liberian Armed Forces?

  • Well, where I was, I hadn't access to the media, because in 2000 we did not have - we were not receiving these reports from Freetown and I did not have any computer through which I had access to Internet.

  • Did Martin Koker take the computer with him when he went with Sam Bockarie?

  • Well, I was not - I was not aware that Buedu had a computer. I didn't know of that.

  • Let's look at the testimony from, please, from 26 November 2009, page 32632. This is testimony of Charles Taylor, 26 November 2009, at the bottom of page 32632. I'll start reading the last two lines.

    While that's coming up, Mr Sesay, did you hear BBC or other radio reports about fighting in Guinea in 2000 and 2001?

  • Yes. I heard that between the Liberian border and Guinea, the fighting that used to occur there.

  • Did you read about atrocities being committed, people killed and homes burnt, or hear about that on the radio?

  • Yes. I heard about the attacks on the radio.

  • Did you hear about atrocities? That's my question. People being killed, civilians being killed, and homes burnt?

  • Well, the news - from the news reports, yes, that there were attacks and so-and-so places were captured, they used to say that on the news, that civilians fled, they abandoned their homes.

  • If we could have, again, the testimony from 26 November, please, 32632, I'll start reading from the bottom two lines, 26 November '09. Mr Taylor said:

    "A. Liberian forces did pursue. I don't know whether it's

    Macenta or Gueckedou, but I know that there is a border

    town on the Liberian side that Liberian forces pursued some

    Guinean and Liberians inside Guinea. I don't recall us

    entering Macenta.

    Q. In fact, in both Macenta and Gueckedou, there were

    atrocities against civilians. Do you recall reading about

    that?

    A. I heard about the internal problem in - because - but

    what I read was not Liberian. There was a Guinean rebel

    group, I understand, and from what I understand, there was

    fighting - the Guinean government and had involved in

    certain atrocities, not Liberian forces that had gone

    there. That's not what I got."

    So, Mr Sesay, I don't believe you've answered my question. Did you hear? You said you heard there were attacks and people captured. Did you hear that there were atrocities committed in Guinea?

  • Sorry, did Mr Sesay say people captured? I could have missed that, but I don't think so.

  • Yeah. I'm reading from page 69, line 20 on my LiveNote, the answer that began, "Well, the news - from the news reports".

  • Thank you. Thank you, counsel. That was my error.

  • Mr Sesay, you said places were captured. So my question does not have to do with places captured or attacks, it has to do with atrocities. Did you hear that people were killed and homes of civilians were burnt?

  • Well, that was on the news, that there were casualties on the sides of civilians. It was on the radio.

  • Could we look behind tab 20, please, if that could be shown to the witness.

  • Mr Sesay, were you ever accused - did anyone accuse you of being involved in these attacks on Guinea? By "you", I mean the RUF. Or was it only in this courtroom that you've heard that accusation?

  • No. Even before - during those border attacks, yes, they used to say that the RUF and the Guineans were fighting around the Kambia axis, and the Guineans were launching, and they used to cross over with their jets and they used to launch.

  • Mr Sesay, Kambia's in the north of Sierra Leone, correct?

  • Yes, that's correct.

  • Gueckedou is in the west - excuse me, the east, adjacent to Kailahun; isn't that true?

  • Well, Gueckedou, it is Nongowa that is by Kailahun because Gueckedou is behind Nongowa.

  • It's - from Kailahun in Sierra Leone, how far is it to Gueckedou?

  • Well, the border from Koindu - when you cross - like where the Guineans are in Yenga, when you go across the river you go to Nongowa and you drive to Gueckedou, but I do not know how many miles it is.

  • But how long does it take to drive to Gueckedou once you cross the border?

  • I think it's about - about 50 minutes to one hour.

  • Okay. Thank you. Now, I'm showing you the article behind tab 20 - yes, tab 20. It's from the BBC News and it's dated Thursday, 7 December 2000. The title is "Hundreds killed in Guinea attack". I'm just going do read a couple of paragraphs from this page.

    "Aid workers in Guinea say hundreds of people have been killed in a rebel raid on a town near the border with Sierra Leone and Liberia but government officials put the death toll at 48 people - 36 civilians and 12 rebels - during the raid on Gueckedou town."

    And then skipping a paragraph:

    "The official, Umar Issa Damagaram, also said more than 1,000 people were wounded and many homes were burnt."

    The next paragraph, skipping one paragraph:

    "The Guinea government accuses Liberia and the Sierra Leonean rebels of being behind a series of recent cross-border attacks into Guinea."

    Mr Sesay, did you hear reports like this of atrocities being committed in Gueckedou and the Guinean government accusing the RUF of taking part?

  • Well, by then I did not have access to internet or these clips.

  • You were receiving radio reports from Focus on Africa, BBC radio, correct?

  • Yes, I used to listen to the BBC.

  • And you've told us as the interim leader you had good relations and you were talking to force commanders and you were talking to the UN special representative, correct?

  • Yes.

  • Did anyone accuse the RUF, in your presence, of being responsible for taking part in these attacks on Guinea?

  • No. The UN authorities in - the UNAMSIL authorities in Sierra Leone then did not accuse the RUF of what happened in Gueckedou. They were only talking about the cross-border attacks that were occurring between Kambia, for it to stop, and when - that was after the Abuja II. So they too suggested that they should - the cross-border attacks were to stop and that the Guineans were to stop launching missiles into RUF territories that were falling in civilian towns. They said Kambia should be disarmed and I agreed to their suggestion.

  • Did you receive reports that the Guinean government, the Government of Guinea, accused the RUF of working with Charles Taylor's forces in these joint attacks against Guinea?

  • No. I was not aware of that.

  • In the article I just read, the official talked about many homes burnt. Many homes burned. If we could have the testimony from 12 March 2008, please, page 5951. 12 March 2008, 5951.

    While that's being brought up, I'd ask that the article, the one page, be marked for identification, the document behind tab 20.

  • Mr Koumjian, you are sure you want the one page marked?

  • Well, actually I'd prefer that both pages be marked, and perhaps there's one sentence I'd like to read from the second page. And I can do that now.

  • Mr Sesay, the article says in the second paragraph:

    "A military source told BBC correspondent Al Hassan Cillah in Guinea that it was the biggest battle the army had fought with insurgents since September."

    The first big attack on Guinea was in September 2000, isn't that correct , the attack by the RUF and the Charles Taylor forces?

  • I was not aware because the RUF did not join Charles Taylor's forces to attack Guinea.

  • And then going down, skipping one paragraph, it says:

    "But during that time the rebels had burnt public buildings, business premises, vehicles and cut down telephone lines."

    Had you heard reports again about this arson occurring in these attacks, these burnings?

  • Except on radio.

  • I would ask that the two-page document be marked for identification.

  • The BBC News Online of 7 December 2000, an article entitled "Hundreds killed in Guinea attack", consisting of two pages, is marked MFI-37.

    Mr Sesay, you said in that last answer "except by radio" - "except on radio". I don't know what that answer means. Does it mean that you heard of everything that counsel has suggested to you on radio? Did you hear of the burnings on radio?

  • The attacks on Guinea I heard on the radio. But the burning and killing, I did not hear of all those details.

  • Mr Sesay, you didn't hear those details or you didn't pay attention to details about civilians atrocities?

  • Well, my Lord, I did not carry out - it was not the RUF that carried out the attacks and I was not listening to the radio every day.

  • So 12 March, please, 2008, page 5951. I'll begin reading from line 5. This was from the cross-examination of Zigzag Marzah and the witness said:

    "The time he sent us to Guinea, from the start that was the time the LURD were based in Macenta. He gave us instructions that we should go and burn the place down and as far as Gueckedou to Nongowa, that was the artillery base, and that was what we did."

    Mr Sesay, you did hear about this instruction from Charles Taylor to go into Guinea, attack the place and burn the place down. Isn't that true?

  • No, I never heard of such an instruction from Mr Taylor. He did not give me such instructions.

  • Thank you. I'm going to move on and leave this topic of attacks by the RUF in Liberia and Guinea, unless there are any further questions from the Bench. And I'm going to talk to you now, Mr Sesay, about specific individuals. First of all, Joseph Brown, what was his position with the RUF in Sierra Leone?

  • Joseph Brown was a G4 in - from part of '92 up to 1994. He continued until he joined Mr Sankoh when they went to the Ivory Coast on the peace talks.

  • Then what were his positions after that?

  • Well, after that he was in the Ivory Coast and when Mr Sankoh was arrested he was no longer with the RUF until when he returned in 1999.

  • When he returned in 1999, where was he based?

  • He was in Buedu. He was in Buedu.

  • And how long did he remain with the RUF?

  • He was in Buedu up to December and during that confusion Mosquito told him to go to Liberia with him. In 2000, when I went to Liberia, he joined me and we came to Sierra Leone and we were in Kono together and during the disarmament he went to Liberia.

  • So he was with you in Kono from 2000 until disarmament in late 2001. Is that correct?

  • He was in Kono, yes, before the disarmament, then he returned to Liberia and never returned.

  • Mr Sesay, a protected witness told this Court on 17 March 2010, page 37473, that Joseph Brown never was in Sierra Leone after 1996. That witness lied, isn't that true?

  • Well, yes, because Joseph Brown came in '99 for a short time - in late '99, I think it was around October, and then he returned in December and came back in 2000. He did not stay long, then he returned. So he was not staying there permanently like he was with the RUF from '91 to '96.

  • Mr Sesay, on 30 July of this year you were talking about Martin George. You said he was one of the Liberian RUF who went to fight in Liberia. Is that true?

  • Yes, I said they went to Liberia during the disarmament.

  • When was it - what year was it that Martin George went to Liberia?

  • I think it was in 2001.

  • Did you say 2001 or 2000, I'm sorry?

  • Thank you. Mr Sesay, let me read to you from the testimony of Martin George. 23 April, please, this year, page 39846.

  • Could counsel please repeat the page reference.

  • It's 23 April 2010, 39846.

  • Beginning at line 2, the witness said:

    "I was in Kono. I entered Kono in '91 - I mean, 2001. After all the UN disturbances that happened, I disarmed. I went to Magburaka, I voted in 2000."

    And then skip down to the next question:

    "Q. What year was that when there was no longer RUF

    activity and Tejan Kabbah had won the elections?

    A. We're talking about 2002."

    And then skipping a few lines, he then was asked at line 19:

    "Q. Thank you, Mr George. After there was no longer RUF

    activity, did you remain in Sierra Leone?

    A. Yes, I remained Sierra Leone until 2005, April 7. Then

    I found myself in Liberia."

    Mr Sesay, your testimony is that Mr George left in 2001, before the 2002 elections, correct?

  • Yes, because after that disarmament I no longer heard of him and I was not meeting with him until I was arrested in --

  • Can he kindly repeat the date he was arrested.

  • Mr Sesay, you said until you were arrested, when?

  • So when Mr George says he voted in 2002 elections and did not leave Sierra Leone until 7 April 2005, that's not true, is it?

  • I was not seeing him. I was not seeing him in Makeni or Freetown where I was.

  • He's one of those people you said left to go - was against disarmament and left to go join the fighting in Liberia, correct?

  • Yes, I said they left during the disarmament. They went across Kailondo, Lion, Martin George and others.

  • And you said he was fighting with the Liberian army against LURD, correct?

  • Yes, they crossed over into Liberia during the disarmament.

  • Sorry, sorry, that's not the question counsel asked: You said he was fighting with the Liberian army against LURD, correct? What is your answer to that question?

  • Well, my Lord, I don't know, because I - I said we should disarm and they crossed into Liberia. I was in Liberia - I was in Sierra Leone, I did not go to Liberia, so I did not know what they were doing. What I knew was that Lion - I heard that he died because he was fighting along with the AFL, but for Martin George, I did not know.

  • Well, you talked to Sam Kolleh and he told you that they had been fighting against the LURD rebels, correct?

  • That was what Sam Kolleh told me but Lion - Lion, Kailondo, but I did not know about Martin George. I just knew that all of them had crossed into Liberia.

  • Mr Sesay, the Liberian war ended in August 2003. Did you know that?

  • I did not know, I was in detention.

  • If Mr George testified that he didn't leave Sierra Leone until April 2005, that's not true, because you know he went and crossed over during the Liberian war; isn't that true?

  • Well, that was what Sam Kolleh told me and I was not seeing him. People were moving around that border. They were coming, after the disarmament, to Sierra Leone; people were moving across the border. Refugees from Liberia used to cross into Sierra Leone.

  • Okay. I'm going to go on and ask you about another individual. You told us that you knew someone named Sunlight and he was a radio operator at Benjamin Yeaten's house, correct?

  • I'd like to read from the testimony of the first Defence witness after Mr Taylor from 1 March 2010, page 36288. This is the testimony of Yanks Smythe. Mr Sesay, did you meet Yanks Smythe?

  • I do not recall.

  • Mr Koumjian, when you asked the witness, "Did you meet Yanks Smythe", what do you mean? Meet him where?

  • Have you ever in your life met Yanks Smythe?

  • I said I do not recall that name. I do not know anybody whom I met.

  • Your Honour, can he kindly repeat this answer again.

  • Can you please repeat your answer for the interpreter.

  • My Lord, I said I do not recall the name and I cannot recall that I met with him because it was not everybody that I met whose name I can remember.

  • Okay. Going to the testimony of Yanks Smythe from 1 March 2010, page 36288 line 10:

    "A. I never saw any long-range radio in Benjamin Yeaten's

    house.

    Q. When I say 'his house', just so we are not playing with

    words, I mean around anything around his house, a porch, a

    structure that's in the yard next to his house. Did you

    see a radio in or around the area of Benjamin Yeaten's

    house?"

    And Yanks Smythe, who said he was at one time the assistant director of operations for the SSS, testified:

    "I didn't ever see any radio in or around Benjamin Yeaten's

    house.

    Q. And you had been to Benjamin Yeaten house many times,

    correct?

    A. Yes, yes."

    That's not true, is it, Mr Sesay, because there was a radio at Benjamin Yeaten's house, as you've told us, correct?

  • Well, at the time that I went there, I saw a radio there. I do not know about the other times that I was not going there.

  • Mr Sesay, you said that Sunlight was the operator at Benjamin Yeaten's house. How did you know that name, Sunlight?

  • Well, I said at one time I was at the guesthouse when he came to visit Memuna and others and they introduced me. That was when I knew him and when they went to Ben's house I saw him.

  • What did he say when he introduced himself to you?

  • No, it was Memuna and others who said this was our colleague operator, he was staying with Ben. Then he greeted me and I responded. I did not say anything.

  • Did you only meet him that one time or did you meet him on other occasions?

  • I said at the other time when I went to Benjamin's house I saw him there. Since then I have not met with him.

  • When he introduced himself to you, did he give his name or what did he say, as far as what he was called?

  • It was Sunlight. He said his name was Sunlight.

  • Looking at the testimony, please, again from 1st March, Yanks Smythe, page 36290, please. If we could go down to line 15. Line 16, the witness was asked - Yanks Smythe was asked:

    "Q. Have you ever heard the name Sunlight?

    A. Never heard of the name Sunlight."

    Mr Sesay, would you expect the assistant director of operations to know the names of the radio operator at Benjamin Yeaten's house?

  • Well, I don't know.

  • I want to move on and ask you about another individual, Savage. What did you know about Savage?

  • Well, when I was in Pendembu I heard of Savage's name, that he was committing atrocities in Tombodu. He was killing people and amputating people's arms, but at that time I did not know him in person. It was in December in Makeni when I saw him with Brigadier Mani's group. That was when I knew him in person.

  • So you learned about him committing these atrocities in Tombo [sic] while you were in Pendembu in 1998, is that correct?

  • Yes. It was at that time that the news was flying around.

  • And correct me if I'm wrong, but you testified, if I'm correct, that you were in Pendembu from about May to December 1998, correct?

  • May to November when Bockarie called me in Buedu, May to November '98.

  • Did you hear about Savage being treated by Pa Demba?

  • Well, I heard that in Makeni, when we met in Makeni, that he went off - when he went - when he came from Tongo he became mad, so it was Pa Demba who was treating him around that Koinadugu axis until he became normal.

  • When you were based in Makeni you got to know Savage, you met him and got to speak to him, correct?

  • Yes, he was introduced to me at Brigadier Mani's house - Brigadier Mani's house. They said "this was the Savage".

  • And he was operating as a member of the forces, as that time, he was working with Brigadier Mani in the forces of the SLAs, correct?

  • No, my Lord, it was in December 1998 when we met in Makeni.

  • Okay. Thank you. Did you see him again after that time?

  • Well, after Superman had attacked me and I escaped from Makeni in April of '99 I never saw Savage until the disarmament.

  • You heard about Savage operating in the Makeni area all the way through 2000, correct?

  • Well, yes, in '99 when we came to Makeni, when Superman attacked the AFRCs and dislodged them from Makeni, he was around that Kamabai axis.

  • Your Honour, can he kindly repeat this answer more clearly.

  • Mr Sesay, please repeat your answer more clearly, slowly.

  • Yes, my Lord. I said when I came in October 1999 in Makeni, after Superman and Gibril Massaquoi had attacked the AFRC and dislodged them from Makeni, Savage was in Kamabai, because that was where he was with Brigadier Mani. But during this time Brigadier Mani went to Kabala where he transited to Freetown. Savage was between - between Kamabai and Fadagu, and he was killing civilians in that area. So we got that information, that he was killing people in Fadagu, the civilians. Civilians - people came from Fadagu to Makeni to make the complaints.

  • Now, I note that the location mentioned by the witness is Kamabai not Kambia. Kamabai is K-A-M-A-B-A-I.

  • So, Mr Sesay, you met Savage in December 1998 when he was operating under the command of Brigadier Mani, and is it correct that you understood him to remain working under Mani all the way up through the October 1999 fighting in Makeni between the SLAs and the RUF?

  • In that time, from the time of the attack on Makeni in December 24, 1998, until that infight in October 1999, Brigadier Mani was working with the RUF and reporting to Foday Sankoh, correct?

  • Well, they were reporting but he was not taking instructions because Mr Sankoh said he, Brigadier Mani, Gullit and RUF members, Superman and others, should meet him in Lome, they should go to Kailahun onwards to Lome, but they refused. They refused. In fact, he left Makeni and went and stayed in Kamabai. It was only the AFRC that was in Kamabai with Savage and - he was with Brigadier Mani in Kamabai before the October fighting in '99.

  • To your knowledge, Savage was never detained up through disarmament, correct? No one arrested him?

  • Yes, you're right, nobody arrested him.

  • Now, you said at one time he was treated by Pa Demba. Who is Pa Demba?

  • Well, Pa Demba was a juju man who was with Brigadier Mani and General Bropleh around that Koinadugu axis.

  • And Pa Demba was RUF, correct?

  • Well, Pa Demba became RUF in '99 but in '98 he was an AFRC - he was with the AFRC.

  • Pa Demba also mediated after Superman and SAJ Musa had the fight in 1998, in late 1998. Pa Demba mediated between them and got them to reconcile, correct?

  • I did not hear of that because during that infighting SAJ Musa left and he joined Gullit's troops. And since that time, up to the death of SAJ Musa, I did not hear that he and Superman had any business.

  • I want to ask you about Staff Alhaji. You got to know him in Kono, correct?

  • Well, I knew him in '99 when he was in the mining unit.

  • And he remained in the mining unit when Sankoh assigned you to take over the mining in Kono, correct?

  • Staff Alhaji was never arrested, detained or punished, was he?

  • Well, I did not know about what he did. It was later in this courtroom that I knew about the atrocities that he had committed. But during that time he did not tell me and nobody else told me in Kono.

  • I would like to now ask you about a Defence witness who testified with protective measures in your case, I'm not going to name the witness, but if we could look behind tab 35, please. And this is a closed session transcript. On 6 November 2007, I'm going to read from the testimony or I'm going to paraphrase from testimony beginning on page 62, at line 8.

    Your witness testified that he came from mission in Sierra Leone where he was wounded by a grenade. And then he said on line 13 he was taken to a hospital in Liberia called Gotri Hospital. And then on line 21 he explained that after Gotri he went to Phoebe hospital. And then line 27 then after that he said he returned to Sierra Leone.

    But then going to the next page, at line 8 he explained that when he was in Phebe Hospital Charles Taylor used to pay visits at Phebe Hospital. NPFL soldiers were there and he used to visit them and the witness met Charles Taylor. And then he was asked if he had anything to do with Taylor after meeting him. He explained that, yes, when Taylor came to the hospital he was going by the beds where the witness was lying. He met the witness and greeted him and he told the witness that we resemble. And Taylor told the witness that he loved him. Taylor told the witness that he liked him and wanted the witness to live with Taylor.

    He then sent a vehicle - I'm going to the next page - which took the witness to Gbarnga. And it was a CSO named Jackson who collected the witness and took him to Gbarnga. He was then asked what he did for Charles Taylor, beginning at line 10. He said when he was with Charles Taylor he wasn't long with him but whenever Taylor was travelling anywhere, Taylor would send the witness first and the witness would make an assessment of the area. And he said he was a security to him almost, because of the job he was doing. He was asked how long he did that job before coming back to Sierra Leone, and he said he was there for about a month and then left.

    Mr Sesay, you recall this witness, don't you?

  • Yes, I recall the witness.

  • So this is a witness who was RUF, was wounded and taken to a hospital for NPFL soldiers and then joined Charles Taylor as a security in Gbarnga for a time, correct?

  • That is what he said. He said in '91.

  • And then he came back and rejoined the RUF, correct?

  • Because the RUF and the NPFL were one organisation, it was just like being transferred from one branch of service to the other, correct?

  • Well, after the six months of the invasion in Sierra Leone, from March in '91 - after six months from that time there was cordial relationship up to the time when there was a problem between the NPFL and the RUF, then there was a breakdown in their relationship.

  • Could this transcript behind tab 34 be marked for identification, please. Excuse me. I may have given the wrong tab. Tab 35.

  • This is a closed session transcript, Issa Sesay et al case, dated 6 November and consisting of pages 62, 63, 64 and the back page. That will be marked MFI-37 and will be kept confidential. Sorry, 38. MFI-38 and will be kept confidential.

  • Mr Sesay, I now want to talk to you, ask you, about Daniel Tamba. He was a very good friend of yours, correct?

  • Yes, he was my friend.

  • And you called him at one point General Tamba, do you recall that?

  • I don't recall if I had referred to him as General Tamba.

  • Would you ever call him General Tamba? Did you know him as General Tamba?

  • Well, I did not know him to be a general.

  • Okay. I'll come back with that reference if I can find it. Daniel Tamba, your friend, Jungle, worked for the SSS. Isn't that true?

  • I was not aware of that.

  • And one of the people that he worked with was Musa Cisse, the protocol officer for Charles Taylor, correct?

  • Well, he was your very good friend. He never told you that?

  • He did not tell me that.

  • Could we have the testimony, please, from 2 March 2010, page 36485. And the witness was shown a photograph, P-153B. Perhaps we should show that to Mr Sesay. But while it's being prepared, I'll read the transcript.

  • The witness was shown P-153B and he said he recognised the man in white as Ibrahim Bah, he did not recognise the man in black. And then he said he recognised the man in the blue robe as being a bodyguard to Ambassador Musa Cisse. He said, to quote him exactly, line 17: "I said I recognise him as I think a bodyguard to Ambassador Musa Cisse, I think." And then he was asked a few lines down, if we go down a bit, he said - yes. So line 24 he was asked:

    "Q. So the man in blue is a man that you recognise that you

    saw with Musa Cisse, is that right?

    A. Yes, he was a bodyguard to Musa Cisse, I think. I

    don't know his name actually but he was a bodyguard to Musa

    Cisse."

    If that photograph could be put on the screen.

  • Mr Koumjian, if you have a ready copy, you can have that used.

  • Yes.

  • The photograph that's on the screen, Mr Sesay, you recognise all three of these individuals, don't you?

  • Is it possible to improve the focus, please? Improve the focus of the photograph on the screen.

  • Mr Sesay, can you see the photograph on the screen and recognise the people or do you want to hold it in your hands?

  • I can only recognise Daniel Tamba, who is wearing the gown in the middle.

  • Okay. That's sufficient. The witness in the transcript I read described the bodyguard as the man in the blue robe. So you're saying the man in the blue robe is Jungle, Daniel Tamba, correct?

  • Yes.

  • Did you know that Daniel Tamba worked with Musa Cisse?

  • No, I did not know. The time he was in the RUF, I did not know.

  • Okay. Thank you. That photograph can be taken away. And I have some more documents I'll get the Court Officer to prepare in just a moment. Meanwhile, if we could have the transcript, please, for 26 March 2010, page 38110. Thank you.

    If we can go down to about line 15. Line 15, the middle of the line, the witness, who was John Vincent, said:

    "A. I was made to understand that Jungle was always in and

    out, in and out, because that was his home. He will go

    there and come back.

    Q. When you say he was always going in and out, in and out

    of where?

    A. Going in Liberia, coming to Sierra Leone, going to

    Liberia and returning to Sierra Leone.

    Q. And you said he had a house. Are you saying he had a

    home in which he lived in Buedu?

    A. Yes. I met him at his house whilst I and some

    vanguards were walking down the road. And we got to his

    house. That was where I got to know him.

    Q. Before that day, the day of the meeting at Waterworks,

    had you ever seen this person, Jungle?

    A. I said that was the first day that I saw him.

    Q. These trips to and back from Liberia, do you know the

    purpose of these trips?

    A. Well, I got to know later that he too was somehow

    helping his brother Sam Bockarie, because both of them were

    from that same Buedu Town. So when he used to come, he

    used to come with some ammunition and he would leave it,

    because that was his home as well, so he was playing his

    own part."

    Mr Sesay, is that true: Jungle would bring ammunition to the RUF from Liberia?

  • No. The time that I was in the Kailahun District, I never saw that, nor did I hear it.

  • Mr Sesay, if it wasn't true, do you know of any reason why a Defence witness in this case, John Vincent, would make it up?

  • Well, the time that I was in Pendembu, John Vincent was in Jojoima. And for me, he never passed through Pendembu to that place, right up to '98, and I did not see Jungle bring ammunition to Buedu, and he never told me that. And Jungle had been with the RUF from 1992 up to '96, before he went to Abidjan. So if he said he did not know Jungle, it could be because that from 1994 he had been in the Northern Jungle, him, Vincent.

  • Mr Sesay, obviously, John Vincent did not say he did not know Jungle. I just read to you where he said Jungle would come and go to Buedu and he would bring ammunition. And the question I asked you, which you haven't answered, is: Do you know of any reason why a Defence witness in this case, John Vincent, would make that up, if it wasn't true?

  • Well, I don't know. But that account is not a true account because Jungle was not bringing ammunition. He brought foodstuff from the Lebanese. He used to come in '98, and in '99, he used to do that and he returned in Liberia.

  • Because you have told us that you knew where - what the sources were of all the ammunition that was coming to the RUF. Sam Bockarie would tell you, correct?

  • Sam Bockarie used to say it, and I knew it from the ammunition that the RUF bought from Liberia in '98, from ULIMO, and from the ammunition that Mike Lamin bought.

  • Mr Sesay, the reason why you don't admit that Jungle was bringing ammunition is because you know that this was - that he was an SSS for Charles Taylor and he was bringing the ammunition on the orders of Charles Taylor; isn't that true?

  • No, that is not true. I did not know Jungle to be a member of the SSS, because Jungle was in the RUF for a long time.

  • Jungle was killed fighting with Taylor's forces against - while he was fighting with Taylor's forces against LURD, correct? Did you hear that?

  • Well, I don't know how he died. He just told me in detention that Jungle had died, but I did not know how.

  • Because he was killed after you were detained. He was killed after 10 March 2003; you heard that, correct?

  • It was in 2004 that I heard, when Eddie told me that Jungle had died. And I don't know how, whether he was killed or how he was killed. I don't know.

  • Well, if we could have testimony, please, from 31 March 2010, page 38368.

  • While that's coming up, who told you that Jungle was killed?

  • I said it was Eddie Bockarie.

  • Beginning at line 23, please. The witness was asked:

    "Q. You talked about - you identified a picture and talked

    about Daniel Tamba, Jungle. You were in the SSS when

    Daniel Tamba was killed, correct?

    A. Yes. At that time I was in the SSS."

    Let's just skip down some lines. The Presiding Judge, on page 38369, at about the middle of the page, pointed out that the witness had been asked a simple question: "Jungle died. When he died, it was made to look like he died in fighting. He was shot from behind." And the witness answered: "Okay. I'm sorry. It is true. I heard that he was shot from the back."

    "Q. Did you hear that was by Nyalay?

    A. Yes, that was what I heard.

    Q. Nyalay had been RUF, correct?

    A. Yes.

    Q. Was a bodyguard to Morris Kallon; is that right?

    A. Yes, yes."

    Mr Sesay, Nyalay was one of Morris Kallon's bodyguards, correct?

  • Well, I don't recall the name, Nyalay.

  • Well, if it's available, I'd like to show the witness now D-316. If we could go on this list to number 9, I believe it - excuse me, it should be the page that says "Presidential Advance Team". It's about the fourth page in, page 4.

  • We see number 9, Second Lieutenant Daniel Tamba. That's Jungle's name, isn't it?

  • Daniel Tamba? Yes, that's the name, Daniel Tamba.

  • And looking at the first page, we see this is a document with the - on the letterhead "Republic of Liberia, Special Security Service Executive Mansion", to U50 - from U51, dated 9 November 2001.

    Could the witness please be shown P-153A.

    Mr Sesay, do you recognise the persons whose faces are shown in that photograph, first of all, the man in the front of the photograph with the helmet, the vest, camouflage vest, and pink shirt, with an automatic weapon in his right hand?

  • Yes. This looks like Benjamin Yeaten.

  • And over his shoulder, his right shoulder, there's a man wearing a vest, facing the camera, with a blue shirt. Who is that?

  • He looks like Jungle.

  • Now, if the witness could be shown, please, P-45, and I believe it's A, P-45A.

    While that's being looked for. If we could have testimony from the RUF case, 23 June 2007, page 32.

  • Mr Sesay, did Jungle command troops in the RUF?

  • Well, they had some of the NPFL - few NPFL fighters who crossed into Liberia - sorry, into Sierra Leone, during the time that the ULIMO invaded in Lofa in '92, like Sellay, he was one of the them, all of them were in the RUF controlled area.

  • Is it correct, from your testimony, that from, let's say from the 30th, after the Abidjan Accord, 13 November 1996, Jungle did not command any troops for the RUF, correct?

  • Yes, even before that time, because before then he had gone to Abidjan.

  • And you are saying the troops that he commanded were NPFL troops in Liberia that had crossed over into Sierra Leone at the time of - ULIMO closed the border, correct?

  • Yes, about 20 of them because even Major Brown was amongst them, around 20 of them. They were in the Koindu area and later all of us were in Giema.

  • Did they remain a unit or were they dispersed, put into different units, this NPFL group. Do you understand the question?

  • Yes, they had stayed with the RUF, so they were in different units. It was not a special unit that he commanded them, no. They were working with the RUF.

  • Okay. If we could look then at the testimony from the RUF trial, 22 June 2007, page 32, please. We can go to line 17. Let me double-check my reference. What I got is 22 June 2007, page 32. Is that where we are? Line 17, please. In your own trial you said:

    "A. Yes, my Lord. I knew Jungle, who was Daniel Tamba,

    and later I knew Marzah."

    Why did you refer to Jungle as General Tamba?

  • That could have been a mistake but he never had the title of a general, or a rank.

  • The RUF referred to him as a General because he was a very important person, he was the liaison between Charles Taylor and the RUF, correct?

  • No, Jungle was with the RUF for a long time. He was not a middle man.

  • I could break here, if the photograph's not yet available, and this would be a convenient time. We'll come back with the P-45A after the break. Or I could use the black-and-white copy, it's not very good but I have my own black-and-white.

  • Mr, Koumjian, we'll continue after the luncheon break and hopefully we'll have this photograph ready after the luncheon break.

    We'll reconvene - we'll take a break now and we'll reconvene at half past two.

  • [Lunch break taken at 1.30 p.m.]

  • [Upon resuming at 2.37 p.m.]

  • Good afternoon. Mr Koumjian, please continue.

  • May the witness please be shown the photograph P-45A.

  • Good afternoon, Mr Sesay.

  • Yes, sir, good afternoon.

  • I am going to show you a photograph, P-45A, and when it is on your screen, please tell me if you recognise any of the three individuals in the photograph. Let's start from the right-hand part of the screen, the man in the white baseball cap and dark glasses, who is that?

  • This is Abu Keita.

  • Who is the man in the middle?

  • And who is the man on the left?

  • It is Zigzag Marzah, isn't it?

  • Well, I don't recall.

  • Do you recognise that as Buedu? If you can zoom out please so more of the photograph is visible.

  • Well, I don't know if this is Buedu because I don't recall this particular scene.

  • I am going to move on and ask you about another individual, and I have completed with the photograph, thank you, and that is Superman.

    I want to ask you about something your co-accused in the RUF trial, Morris Kallon, said - it is behind tab 37 - well, actually I am not sure we have the right page, it should be P-70. I am not sure we have that at the moment.

    Mr Sesay, I am going to read this and you tell me if you agree with it or not, and we will see whether it is necessary to bring the transcript.

    Mr Kallon was being asked about Superman. He said Superman was not trained from the Camp Jackson Naama as a vanguard but he claimed the title because he was an old fighter of NPFL and the old fighter of NPFL were always superior over we, the RUF, that were trained at Camp Jackson Naama. Even those who came on the base, Foday Sankoh always considered them as the most senior and experienced militant that we are not a fighter.

    Would you agree, first of all, Mr Sesay, that Superman was not trained at Camp Jackson Naama?

  • Yes, I agree that Superman was not at Naama.

  • Do you agree that he was an old fighter of NPFL?

  • Well, I did not know whether he was an old fighter - a former fighter but he did not go through Naama. I came to know him in Sierra Leone and later I understood that he was born towards the borderline in Lofa, in a place called Massambolahun.

  • Mr Koumjian, what was that that you were reading from?

  • I was reading from the transcript from the Sesay et al trial, the transcript of 18 April 2008, page 70, the last six lines and the first two lines on page 71. I think we have other parts - it is testimony of Morris Kallon and tab 37 I believe is other parts of his testimony, so we can - I can get that at least by tomorrow morning.

  • Was that closed session testimony or not?

  • No, it is open session.

  • Massambolahun, I think we might have that spelling on the record, do we? Otherwise I would ask you to spell it.

    Mr Interpreter, can you spell Massambolahun for us, please?

  • Yes, your Honours, it is M-A-S-S-A-M-B-O-L-A-H-U-N.

  • Mr Sesay, are you saying you did not know that Superman was NPFL?

  • No, you said a former fighter. But later I understood that they were the people who were recruited in Lofa. They were operating Anthony - under Anthony Mekunagbe as junior commandos.

  • Okay. Just so we are clear, I think I understand you but when you say "they were junior commandos", are you saying that Superman was a junior commando with the NPFL operating in Lofa County?

  • And just so everyone is completely clear, when we talk about Superman we are discussing Dennis Mingo, correct?

  • Yes, Dennis Mingo.

  • Do you agree that Foday Sankoh always considered them, that is, the NPFL fighters, the most senior and experienced as being more senior and experienced than the RUF fighters?

  • No, I disagree because, from Camp Naama, Mr Sankoh promoted the RUF trainees who were vanguards, the Sierra Leoneans to lieutenants and most of the Liberians were not promoted to lieutenant.

  • Mr Sesay, you said a moment ago NPFL junior commando, what does that term mean?

  • Those were the ones walking under Anthony Mekunagbe in Lofa, those that were trained in Liberia were junior commandos.

  • How did you learn the meaning of this term, Mr Sesay?

  • Well, after six months the NPFL joined us in Sierra Leone, up to the Top 20, when we fought against them. It was through that that I came to know.

  • Actually, Mr Sesay, you have made it clear in your testimony that in the invasion Sam Tuah, Charles Timber and others from the NPFL joined you in the March 1991 invasion; correct?

  • Yes, Sam Tuah and Charles Timber but when Sam Tuah killed Chief Bunduka in Mobai, Mr Sankoh became annoyed so he told Anthony Mekunagbe, so Sam Tuah was withdrawn. It was after six months that Sam Tuah came with the NPFL reinforcement to us from - to - with Mr Sankoh.

  • So your answer is yes, Sam Tuah, Charles Timber and others from the NPFL joined you in the March 1991 invasion; correct?

  • Yes. They were the ones that were given by Anthony Mekunagbe to Mr Sankoh to join the RUF from Kailahun.

  • What was the name of this chief that was killed by Sam Tuah?

  • Chief Bunduka, Chief Bunduka.

  • I know that that was mentioned before, but I don't recall the spelling.

  • Mr Interpreter, can you spell that for us.

  • Yes, your Honours, it is B-U-N-D-U-K-A.

  • Mr Sesay, Dennis Mingo was one of the strongest fighters of the NPFL, correct?

  • No, when Dennis Mingo joined the RUF he was not a strong fighter initially.

  • I meant the RUF. I think - when did Dennis Mingo become a strong fighter for the RUF?

  • It was from '94. At the time he was at the Peyima Jungle.

  • He remained a strong fighter all the way up through the time he went to Liberia and fought in Liberia; correct?

  • Yes, he was a commander. He was a strong commander up to the time he opted to go back to his country and he went to Liberia.

  • Mr Sesay, you have talked about Foday Sankoh using divide and rule and he used that in particular to balance Sam Bockarie and Superman, he divided and ruled over both; isn't that true?

  • Yes, because he was working with both of them.

  • You have told us, isn't it correct, that from December 1998 to March 1999 Superman wasn't communicating and taking instructions from Sam Bockarie; correct?

  • Yes, sir, from December '98 to March '99, yes, sir.

  • In December 1998 under Bockarie's instructions, he captured Lunsar; correct?

  • And then in the first week of January 1999 he followed Bockarie's instructions and he attacked Port Loko; correct?

  • When that attack failed Bockarie sent him instructions that he should take the road and attack Freetown through Waterloo; correct?

  • Yes, sir, to advance to Waterloo.

  • And Superman followed all of those instructions; correct?

  • Yes. He went, according to it, at that time.

  • And under Bockarie's instructions in February 1999 Superman, with Gullit and Rambo, tried to go back to Freetown attacking Tombo; correct?

  • Yes, but the mission was not a successful one, he did not go through.

  • When Superman left Sierra Leone you know that he was with the AFL, the Liberian Army, fighting against LURD; correct?

  • Yes. I knew that he was in Lofa because that was what I heard.

  • When did you hear that Superman was killed?

  • Well, I said - I heard that around mid-2000, 2000-2001 - mid-2001, yes.

  • So about the time of Abuja II you learned about Superman being killed; correct?

  • At that time we had ended the Abuja II. We were now on disarmament.

  • So it was just after May 2001 Abuja II that you heard Superman was killed, it was a month or two later; correct?

  • Well, I think it was two to three months later that I heard that when I went to Kailahun.

  • Now, you mentioned Zigzag Marzah. Tell us how you know Zigzag Marzah?

  • Well, I said I knew Zigzag Marzah in 1999 at the time they came with the ambassadors that had come from Lome. They, together with Mr Sesay, they came to talk to Sam Bockarie together with the other RUF commanders regarding the Lome Accord. That was the time I came to know Zigzag Marzah.

  • Mr Sesay, you know, don't you, that Zigzag Marzah testified in this case?

  • Did you hear anything about that?

  • I did not hear that.

  • So in 1999 you said Zigzag Marzah came with the ambassadors from Lome to Buedu. How long did the ambassadors stay in Buedu?

  • Well, I think they passed two nights in Buedu, the day they arrived they passed the night and the following day - we held a meeting the following day at the Buedu town hall and the day after that - I think it was the very evening after the meeting that they returned.

  • So this would have been - was this before or after Lome that the ambassadors visited, after the accord was signed - let me try that question again.

  • It was before the signing of the accord, because this was meant to come and talk to the RUF, for them to know the importance of the agreement so that Mr Sankoh will go ahead to sign the accord. So they had come to come and read the accord to the RUF.

  • How many people came in that delegation? Not just the ambassadors, but the ambassadors, drivers, security, anyone else. How many total people came with the - aides came with the delegation?

  • Well, I do not recall the figure but we had the ambassadors, the ambassadors, the chief of protocol, Omrie Golley, the late SYB Rogers, all of them came. But I don't recall the exact number of people who came because even one of the ambassadors who - in 2007, he was the Nigerian ambassador to Ethiopia, he was part of that delegation, because he also made a statement in my Defence case, and he was part of that group that came.

  • How many security in total came with the group?

  • Well, I don't recall. I don't recall how many securities now.

  • Did the ambassadors bring their aides? Did they have assistants?

  • Well, yes, they had some other people with them. Not just the ambassadors. They had some other people with them.

  • Can you, for example, give us the name of any of the assistants with the Nigerian ambassador?

  • Well, I do not recall their names now.

  • What - was this the only time that you met Zigzag Marzah?

  • Well, yes, that was the first time I met him. And the other time was when I - when I went to Monrovia to escort the Abuja II delegation. I met him at Benjamin's house. So he greeted me, and he said, "Oh, have you forgotten me?" And then he told me that they were the ones who brought the ambassadors, and then I greeted him and we shook hands. Since then, I have not been meeting him.

  • Now, Mr Sesay, you told us you didn't go to Monrovia for Abuja II.

  • Abuja I, my Lord.