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Ms Hollis, please proceed. Incidentally I note a change of appearance, Ms Hollis. I will record that.
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Yes, thank you, Madam President.
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Can I start explaining?
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No, Madam Witness. Just wait, please.
Madam President, I would ask that we go into private session for identifying information about the witness.
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Mr Munyard, you have heard the application.
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That must be right.
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Thank you. For purposes of record and the rules, any members of the public or monitors listening, we are now going into a brief private session to adduce matters that may go to the security of the witness. Please implement that.
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[At this point in the proceedings, a portion of the transcript, pages 18094 to 18096, was extracted and sealed under separate cover, as the proceeding was heard in private session.]
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[Open session]
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Could you please tell the judges your tribe?
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I am Kono. I speak Kono and Krio.
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And have you had any formal education?
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I did not go to school.
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You've told the judges that you speak Kono and Krio. Are you able to read or write in any language?
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No.
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After you had gone back to the place where you were born, did anything happen after you went back there?
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Yes.
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And this thing that happened, do you recall when it happened?
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Yes.
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And when was that?
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It was in 1998.
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And do you recall what time of the year in 1998 this thing happened?
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The year or the day? Because I do not know the day or the month. I know - it's the year that I know and that's what I've said.
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And do you recall this thing that happened, was it close in time to any holiday that you celebrated?
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Well, before this happened Christmas had passed, the New Year had passed.
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Would you please tell the judges what it was that happened after the New Year had passed?
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Well, we were in our town when we heard gunshots at Mambudu checkpoint area. It was not long when we saw people coming. They had come from that end and they came to our town. They came and told us that well, the rebels are coming. They were coming with their leader. They were taking their leader to Koidu.
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Madam Witness, it's very good that you are speaking nice and clearly, but could you speak a little more slowly because the interpreters also needs to interpret what you are saying and someone is also writing down what you're saying.
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That's not bad. That is okay.
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Your Honours, the checkpoint that the witness referred to should be spelt M-A-M-B-U-D-U:
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Now you said that they said that rebels are coming and that they were taking their leader to Koidu. Did these people say who this leader was that they were taking to Koidu?
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Well, those who came, who came running and met us they were the ones who explained to us. They said they were taking their leader and his name was Johnny Paul Koroma.
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Thank you, Madam Witness, and again just remember to speak slowly. Now after these people came and told you these things, what happened next?
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Well, we were there. After four days we were there in our town when we heard gunshots. When we heard these gunshots we ran away into the bush together with my relatives.
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Now, you said that you heard gunshots and without naming the place, can you tell us these gunshots were coming from where?
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That gunshot was coming from the town, the town where we were.
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Were you able to see who was shooting?
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I did not see who was shooting.
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Now, without giving us names or relationships, can you tell us how many people ran away with you?
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Yes.
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How many people?
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Those of us who went our own way, we were four in number.
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Now, after you had run away into the bush, did anything happen while you were in the bush?
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Yes.
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And how long had you been in the bush when this thing happened?
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Well, we were in the bush for two weeks before this thing happened.
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Tell the judges what happened while you were in the bush.
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Well, we were in the bush. After two weeks we saw people who came. They came and they were dressed and they had guns. They captured us and they asked us if we had seen rebels and we said, "We do not know rebels". They said, "You do not know rebels?", and they said, "Here we are. We are the rebels. We are here in this country today. If you don't want to see us, you will see us. We are in charge of this country. We now have the government". Can I continue.
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Let's just wait for a moment and let's just clarify some of the things you have said. You said that some people came. How many people came to where you were in the bush?
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Well, I saw ten people.
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You said they were dressed. How were they dressed?
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They wore combat. Even their faces, nobody - you cannot see their faces. No part of them. Nobody could see any part of their body, except their eyes and their noses.
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Now, what did they have on their faces that you could only see their eyes and noses?
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Well, they were dressed. They had on caps that they wore right across their face; those caps that you could only see somebody's eye. You could not see his other parts. That was what they were wearing.
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You said they were wearing combat. Can you tell the judges what you mean by combat?
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Well, that was the kind of dress I saw on them. One colour was like brown and the other like green. It was mixed like that.
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Now, you have told the judges that these people came and asked if you had seen a rebel and then identified themselves as rebels and they said that, "If you do not want to see us, you will see us. We are now in charge of the government". Did they say anything else to you when they came to where you were in the bush?
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After that they asked us to bring out our belongings.
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And did they say or ask anything else of you?
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Yes, they asked us if we had jamba bullets and if Kamajors were with us. We told them, "All those things that you are talking about, we don't have them. We don't have jamba, we do not have bullets and we have not seen Kamajors around us here".
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You told the judges that these people told you they were rebels. Did they call themselves by any other names?
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Well, when they were there after they had captured us they used to call names - they used to call one another names. They used to call one another Liberian Boy, Killer, Corporal, Sergeant. That was how they were calling one another.
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When these rebels were asking you these questions and saying these things to you, do you know what language they were speaking?
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Well, I heard only two languages from them.
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And what did you hear? What languages?
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They spoke English and Liberian English.
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You said they spoke to you in English and in Liberian English. Is that correct?
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They used to speak that.
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Now, they were speaking to you in English and Liberian English. Did you understand what they were saying?
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Yes.
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How were you able to --
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Well, for the English I used to understand, but that other language that they were using I did not understand. They had to explain to me.
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And how were you able to understand the English language?
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Well, I can understand English. I can speak some English, but that Liberian language I did not understand. I did not understand what language it was. They explained to me what the language was.
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And who was it who explained to you what the Liberian language was?
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Their commander who was leading them.
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And when their commander explained this to you what language was the commander speaking?
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He was speaking English to me.
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Now, this person, you said one of them was the commander. How did you know this person was the commander?
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Because when they reached us, whatever he told them to do they will do. Whatever he told them to do they will do. And that was what they were calling him in our presence.
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Ms Hollis, sorry to interrupt, the Liberian language that the commander explained to the witness, what explanation did he give to her? What language was it?
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Madam Witness, you said that the commander explained to you in English about the Liberian --
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In English, yes.
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About the Liberian language. What did the commander tell you about the Liberian language?
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Well, he just said - he asked me if I understood what they were speaking and I said, "No, I did not go to school. I do not understand what you are saying." He said it's the Liberian language, that's what they were saying. What they were saying was not what he explained to me. He just told me about the language.
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So while he was explaining this to you he was talking what language?
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He spoke English to me. He was saying all this in English.
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Now, after they had said these things to you - well, before we go to that, how many of these people were speaking this Liberian language?
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Two of them.
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Now, after they had said these things to you, and they had told you to bring your property out, what happened after that?
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After that they told me that they were taking me or will kill me or will turn me into their wife, they will have sex with me.
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And what happened after they told you this?
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When they said that to me, after that they took me - the hut where we were at the back of the house, that was where they took me.
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And how many of them took you to the back of this hut?
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Eight of them.
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And what happened?
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I didn't hear the answer, Mr Interpreter.
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Eight of them.
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And what happened after these eight rebels took you to the back of this hut?
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They took me at the back of the hut and they asked me to strip naked and I stripped naked. I was pleading with them, but they said if I cry they will kill me. And they asked me to strip naked and I stripped myself naked and they told me to lie down and I laid down. Then one of them removed his trousers and laid on top of me.
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And, Madam Witness, you don't have to go into detail, but when he laid on top of you, what did he do then?
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When he laid on top of me, he started moving his waist --
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Your Honours, can she kindly repeat her answer slowly.
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Madam President, we will not be disputing that this witness says she was raped and raped by all eight of those people. If my learned friend wishes to lead on that we have no difficulty with that at all.
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Thank you. That is most helpful, Mr Munyard. Ms Hollis, you have heard Mr Munyard and I will ask Madam Court Attendant to assist the witness.
Madam Witness, we understand you are upset. Do you need to take a little time or are you all right now?
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I just want to drink some water.
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You drink the water slowly and take a deep breath and take your time.
Madam Witness, you are looking a little better. Are you feeling a little better now?
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Let's continue.
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Thank you. Ms Hollis.
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And thank you to Defence counsel for allowing me to lead the witness on this matter:
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Madam Witness, this first man who laid down on top of you, did he rape you?
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Yes.
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And did he say anything after he had raped you?
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Well, when he finished, he got up and told his companion, one of his companions who was standing and he said, "Oh, there is something better there."
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Now after he said that, these other seven rebels, did each one of them rape you?
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All of them.
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And while each of them was raping you, what were the others doing?
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They all stood there with the guns in their hands. When I wanted to scream they said if I screamed they would kill me.
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Now, while these eight rebels were doing this to you, where were the two other rebels?
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Well, the other three people whom they had left there, the other two people were guarding them.
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And while these eight men were doing this to you, where was the commander?
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Where the three people were, that was where he was.
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Now, can you tell us, you said you were taken to the back of a hut and the other people you were with were in another location with two other rebels. How far from you were these other people and the two rebels? How far away were they?
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Well, it was a hut that we built. They were sitting in front. They took me from there to the back of that hut.
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Are you able to give us any idea at all how far away you were from the people sitting in the front when these eight men were doing this?
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Well, it was - the distance was like where I am sitting here and the distance between myself and these people who are sitting in front of me, the distance was like that.
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And you mean the judges?
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Yes, the way this distance is, that was how the distance was. It was the hut that we built and it was not big.
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Madam President, I must confess I am very bad at estimating distances.
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I think we have a real tape measure. Once we get this measured let us all try and remember it.
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Your Honour, the distance is 289cm.
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Thank you.
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Madam Witness, you said that while this was happening they told you that they would kill you if you screamed or cried out did you cry out while this was happening?
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I cried. I screamed. They said if I did they would kill me and I should shut up.
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And when you cried and screamed did either of the two rebels who were in the front of the hut - did either of them come to see what was happening?
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They did not come there.
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Now, what happened after these eight men had raped you?
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Well, when they had sex with me and left me they said they work by time, that their commander who was leading them said they were working by time. I was standing there and I heard them speaking. And they said they should go, they took our belongings, our clothings and they went with all of them.
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Did any of these rebels say anything to you when they left with your belongings?
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Well, they said where they were leaving us they should meet us there. Whenever they came back they should meet us there. If we leave and we go anywhere and they see us they will kill us.
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Now you said they took your belongings. What kind of belongings was it that they took with them?
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Our clothes. The clothes that we had. Those that we had run away with.
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Now, after this had happened to you, could you tell the judges your physical condition?
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Well, the condition in which I was, when they did that thing to me I was unable to get up. I was just lying there. They came and helped me up. There was warm water and they placed me in that warm water.
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Why did they place you in warm water?
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Well, when they did that to me, I was bleeding, I was bleeding for up to three days.
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And in addition to the bleeding for three days did you have any other physical problems during the time you were there in the bush?
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Yes. Once I had been bleeding for three days, when it stopped something started coming up like pus. I would just be standing and urinating on myself.
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Now, how long did you stay in the bush after these things happened to you?
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Well, when this thing happened to me I was unable to walk for long. When I pulled together a little I started walking a little. We took some time there.
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And where did you go from this area in the bush?
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We went to the Kamajors in Kangama.
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Now, Kangama, where the Kamajors were, this was in what district, if you know?
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It's in Ngorama district.
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Is that Ngorama district or chiefdom?
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Chiefdom. Chiefdom.
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And in what district?
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In Kono.
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Why did you go to the Kamajors in Kangama?
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Well, they said that the Kamajors were protecting civilians, so when that thing met us in the bush, when I pulled through, we went to them and that was where we were.
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Can you tell the judges how long you were with the Kamajors in Kangama?
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Well, we stayed long there because we were there with them up to the time ECOMOG came and they introduced themselves and they said they had captured Freetown, Bo, Kenema and now they were going to capture Kono.
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So after these people came and introduced themselves and - who did they tell you they were?
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They said they were ECOMOG.
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And after they came and told you these things, what did you do then?
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Well, when they said that, they went into our town. Then we followed them to go to us.
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And when you say "our town", are you referring to the town where you were born?
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Yes.
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And how long did you remain in your town with ECOMOG?
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Well, we stayed long there again at that time. We were there when the rebels came again and attacked there. The ECOMOG people took us and as we were going there was a town at the back of Kangama called Pewahun. That was where we were when we entered the new year.
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Your Honours, I could only give a phonetic spelling for what the witness just said, unless the Kono interpreters could assist us with the town. I understood her to say Pewahun.
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Mr Interpreter, first of all the name of the town, and secondly can you help us with spelling.
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The name of the town is Pewahun and the phonetic spelling we have for it is P-E-W-A-H-U-N.
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Now you said you were in Pewahun when you entered the new year. What year, do you know?
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2009.
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Well, we are not yet in 2009. Are you sure it's 2009?
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Again I am happy for her to be led on this.
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I mean at the time that ECOMOG was taking us along, it was at that time that we entered into this 2009.
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Madam Witness, do you mean 1999?
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1999, mm-hmm.
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And where did you go from Pewahun?
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When we left Pewahun, ECOMOG took us up to Kenema.
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Where did you stay in Kenema?
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We were in a camp.
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And what kind of a camp was it?
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Lebanese camp.
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And the people in the camp, why were they there, do you know?
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Well, they said they too had been driven away by the war. That was why they were there.
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How long did you remain in this camp in Kenema?
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I was there for three years.
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How many people were in this camp when you were there?
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Well, people were many there.
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Did you learn where any of these people were from originally?
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Well, some said they had come from Kailahun District.
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And did the others say they were from a different place?
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Well, it was during the war. The place they told me they came from is what I have told you.
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While you were in this camp in Kenema, did you learn of any other camps in Kenema?
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Yes.
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And what other camp or camps did you learn about?
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Well, we were there when they said they had brought some other people and they built another camp for them, but we were not in the same place.
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And the people in this other camp, do you know where these people came from?
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They said they had come from Liberia.
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Did you ever speak with any of these people in the other camp?
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Well, except that sometimes we met in the marketplace or when we went to fetch water at the tap.
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Do you know what language these other people spoke?
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Well, I did not know the language they were speaking but I asked. I asked people.
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And what were you told?
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Well, they said these people were speaking Liberian language.
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And why did you ask what language these people were speaking?
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Well, it's a language. These people met - at the time these people met us in the bush, those two people, the language they were speaking was similar to the one these other ones were speaking. That is why I inquired and they told me it was the Liberian language. It was that curiosity that caused me to ask.
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Madam President, at this time the Prosecution would ask to go into private session again. It is to elicit information that would identify the witness as well as information that is very sensitive to the witness.
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Mr Munyard?
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No objection.
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Thank you. For purposes of the rules and those members of the public or monitors who may be listening, the Court will go into a private session for reasons of security of the witness and for the witness's own well-being.
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[At this point in the proceedings, a portion of the transcript, pages 18112 to 18118, was extracted and sealed under separate cover, as the proceeding was heard in private session.]
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[OPEN SESSION]
We are now adjourning court because it is 4.30. Sorry, Mr Munyard.
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Sorry, Madam President. Can I just enquire of my learned friends opposite who - and by number will do - they intend to call tomorrow, because as of this morning we received a different notification? We would simply like to know who is likely to be up tomorrow.
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If you could assist, Ms Hollis.
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That's what I was about to rise to inform your Honours. Unfortunately, we have no witnesses available for tomorrow. We have had difficulties getting passports and visas in time for people to travel. People will be arriving tomorrow on tomorrow morning's flight, but I regret to say we have no-one here.
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Mr Munyard, you've heard the implied application.
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I would not expect anyone who has travelled overnight from Sierra Leone by whatever means to come straight into court and give evidence, having done that journey myself, and we support any application implied or explicit by the Prosecution.
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Well, obviously it is unfortunate that this has occurred. I think the Prosecution are aware of the mechanics - or maybe not the Prosecution, maybe the Witness and Victims Section are the more appropriate person to comment upon the time it takes for visas, et cetera, to be brought into - to be issued in the Schengen area and this is unfortunate.
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Are you talking to me?
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No, Madam Witness, all the talk with you is finished now, thank you very much, but I am asking that you stay there a little while so we can lower the curtains to let you out, so if you could be a little bit patient.
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Okay.
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I just want to inform the Court our understanding is that it was a problem with DHL bringing the visas in a timely way. They have been tracking them, but there was a problem with that.
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We accept that explanation and I am grateful for it, Ms Hollis. It shows that there was no fault in the part of any of the organs of the Court.
Counsel, we will have to adjourn tomorrow. I am sure we will all be able to put our time to good use. I will also remark the following day is a holiday within the Court as you are aware some time ago this Court fixed the half day on Friday, 10 October, I think it is, as a sort of mid-session break to allow parties to take as much benefit from the ICC holiday as they could. So we will therefore be resuming on Monday.
As it happens I will not be here on Monday. I am away for a few days, I have to attend some meetings and a conference and my learned colleague Justice Lussick will be presiding. I have no doubt that you will extend to him the same courtesy as you have extended to me. I hope to be back early on Thursday.
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And I will not be making any arguments about the relevant rule on this occasion.
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I think you received the appropriate ruling, Mr Munyard.
Thank you. In the circumstances, Madam Court Officer, if you would please adjourn Court until Monday at 9.30.
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[Whereupon the hearing adjourned at 4.33 p.m., to be reconvened on Monday, 13 October 2008 at 9.30 a.m.]