General. Kanneh further testified that Bockarie said that it was "President Taylor, Pa Taylor" (a.k.a. Charles Taylor) who had given him these promotions. 14750
Prosecution Witness TF 1-516
6532. Witness TFl-5l6, an RUF radio operator,14751 testified that after the 1998 ECOMOG Intervention, Bockarie immediately retreated to Buedu. Right after TF 1-516 arrived in Buedu, Bockarie called a muster parade "right to the MP" and announced that " I am just here from the other side" and that he had been promoted "by the Chief, Charles Taylor" to the rank of General, and that everyone should now take their instructions from him. Bockarie had a new combat fatigue with the insignia of a general, and with the military jeep that "the Chief' had given to him. The military fatigue was the same type offatigue that was worn by the Liberian Anti-Terrorist Unit (a.k.a. ATU), who the witness understood to be the body guards to Charles Taylor. 14752
Prosecution Witness Albert Saidu
6533. Witness Albert Saidu, an RUF adjutant from 1991 to 2001,14 753 testified that when he was assigned to Koindu in March 1998 an RUF junior commando named Selasie showed him a radio message they had received from Buedu from Charles Taylor with the subject line "promotion", which stated that Taylor had promoted Sam Bockarie to the rank of General. 14754
Prosecution Witness TF 1-585
6534 . Witness TFl-585, an RUF radio operator,14755 testified that prior to Johnny Paul Koroma's arrival in Buedu in the period after the February 1998 ECOMOG Intervention, Sam Bockarie travelled to Monrovia and returned with a green tactical jeep, new arms, and a combat suit with a crown or badge that signified the rank of General. TF 1-585 testified that Bockarie "told us" that it was the "Pa", or Charles Taylor, who promoted him, and that there
14750 Kannoh Kanneh, Transcript 8 May 2008, pp. 939 2- 9396. 14751 TF 1-516, Transcript 8 April 2008 , p. 6845. 14752 TFI -516 , Transcript 8 April 2008, pp. 6854- 6856 . 14753 Albert Saidu, Transcript 4 June 2008, p. 10895. 14754 Albert Saidu, Transcript 4 June 2008, pp. 11 004-11005.
14755 TF 1-585,Transcript 5 September 2008, pp. 15582-155 84, 15589-15592 (PS).
2276 Case No.: SCSL-03-01-T 18 May 201 2 were documents to that effect. Bockarie took this trip to Monrovia before Johnny Paul Koroma arrived in Buedu.14756
Prosecution Witness Perry Kamara
6535. Witness Perry Kamara, an RUF radio operator,14757 testified that when Johnny Paul Koroma arrived in Buedu sometime after the ECOMOG Intervention, that Koroma immediately met with Sam Bockarie. During that same week , Koroma transmitted a message over the radio for all ofthe AFRC, RUF, and STF, announcing that because he did not understand jungle exercise, that all of the AFRC and RUF were to take commands from Bockarie (a.k.a. Mosquito), and that from that date onwards Bockarie should be the "leader for the movement". 14758
Prosecution Witness Isaac Mongor
6536. Witness Isaac Mongor, an RUF senior commander,14759 testified that after the AFRC/RUF fighters were pushed out of Freetown in February 1998, and after he had taken Johnny Paul Koroma to Koidu Town, that the command of the " People' s Army" was restructured. Among other changes, Koroma promoted Sam Bockarie to "defence chief ofstaff for the whole movement". Mongor testified that Koroma said that he made this promotion after speaking to "his brother" Charles Taylor, because Koroma was planning to travel and prior to leaving he wanted to leave the AFRC and RUF "in one accord". 14760
Prosecution Witness Augustine Mallah
6537 . Witness Augustine Mallah, a security officer to Mike Lamin from 1996 to disarmament,14761 was posed the following question: "You mentioned to the Judges earlier that when Johnny Paul Koroma and Sam Bockarie or Mosquito met, that Mosquito told
14756 TFl-585, Transcript 5 September 2008, pp. 15617-15622. The new arms were described as "a series of AK 47, brand new ones that were not even being used with new AK rounds. They were in something like sardine tins with rockets". 14757 Perry Kamara, Transcript 4 February 2008 , p. 3039.
14758 Perry Kamara, Transcript 5 February 2008, pp. 3094, 3110-3111 .
14759 See for example: Isaac Mongor, Transcript 11 March 2008, pp. 5749-5750, 5760-5764; Transcript 31 March 2008, pp. 6204-6206, 6224-6225; Transcript 3 Apri12008, pp. 6512-6513, 6551-6556, 6613-66 15. 14760 Isaac Mongor, Transcript 11 March 2008, pp. 5740-5741 .
14761 Augustine Mallah, Transcript 12 November 2008, pp. 20092-200923, 20102-20103; Transcript 13 November 2008, pp. 20209-20210.
2277 Case No.: SCSL-03-0 1-T (Jll 18 May 20 12 4 0 3 '1-0
Johnny Paul Koroma that now Mosquito was in charge. Can you tell us what was the command structure now after the intervention and after you had come back to Buedu?" Mallah responded, in pertinent part, that in the post-Intervention period, after Mallah had returned to Buedu, Bockarie "had structured the RUF command structure. He was there taking care of the RUF on behalf of our leader Foday Sankoh ....". He further testified that everyone, including the AFRC, reported to Sam Bockarie at that time.14762 Later in his testimony, Mallah testified that Sam Bockarie had promoted himself to the rank of General, after which he also assigned himselfthe position ofbattlefield commander. 14763
Prosecution Witness TFI-539
6538. Witness TF 1-539 testified that following the February 1998 ECOMOG Intervention, the entire army fell into disarray, disturbing the command structure. However, Sam Bockarie "was able to put the entire RUF structure under a strong command and control.. ..the men we expected to receive commands from, like Johnny Paul and some of his Supreme Council members, they had all gone into disarray somewhere in the north, whilst some of us found ourselves in the east, so there was actually no command structure amongst the SLA. It was only Sam Bockarie who had the absolute command". 14764
The Accused
6539. The Accused, denied that he promoted Sam Bockarie when Bockarie met with him for the first time in Monrovia in February 1998 after the ECOMOG Intervention. 14765 Taylor further denied that he provided Bockarie with a jeep, medicines, uniforms, or that he promised him a safe house in Monrovia. When asked whether he promoted Bockarie to be commander of the RUF, Taylor testified that he had not done so, but that rather Foday Sankoh had made that promotion. 14766
6540. When questioned on the testimony of Prosecution Witness Karmoh Kanneh, Taylor responded that he did not promote Bockarie, and that this evidence conflicted with evidence
14762 Augustine Mallah, Transcript 13 November 2008, pp. 20203-20204. 14763 Augustine Mallah, Transcript 17 November 2008, pp. 20412. 14764 TFl-539, Transcript 10 June 2008, pp. 11397-11398.
14765 Charles Ghankay Taylor, Transcript 3 August 2009, pp. 25811-25814. When asked "Did you promote Sam Bockarie to General?" Taylor testified "No, no, no, no, no, no. Why would I do that? Sam Bockarie is not my ~ he is not my military personnel. How could I promote him?" 14766 Charles Ghankay Taylor, Transcript 3 August 2009, p. 25815.
2278 Case No.: SCSL-03-0 1-T 18 May 2012 403'1-f already before the Trial Chamber that those promotions were made by Johnny Paul Koroma after he retreated from Freetown in February 1998, and that Johnny Paul Koroma held a meeting and he made those promotions in which Sam Bockarie became the chief ofdefence staff in Sierra Leone. Taylor said, "Now he is attributing that to me . Never, ever gave any suggestion or recommendation tor any promotion or anything closely related to that in Sierra Leone. Never did". 14767 When questioned again concerning this promotion, Taylor stated, "I'm not and 1really mean not involved in any promotion or recommendation ofany officers ofthe RUF at all. None".14768
6541. The Accused also denied that he promoted Bockarie to Lieutenant-General after the Freetown Invasion.14769 He stated that if Bockarie was promoted to Lieutenant General, he would have had three stars, and not two, because two stars denotes a Major General. 14770 The Accused, as President, could not have promoted a general anywhere, because even in the Government of Liberia the President does not promote generals. The Accused also wondered why, if Bockarie has been in charge all ofthe years that Foday Sankoh was gone, that he would have been promoted by Taylor, and testifies that perhaps Bockarie was "just messing with these boys".14771 Further, even if Bockarie did return to Sierra Leone from Liberia with a two-star beret, he could have bought it at any military store in Monrovia, put It. on, and pronounced he was a genera1.1477-7
Defence Witness Issa Sesay
6542. Witness Issa Sesay, a senior RUF commander,14773 testified that he arrived in Buedu in late February or early March 1998. When he arrived, Sam Bockarie was still a field commander, but a few days later Johnny Paul Koroma appointed Bockarie as Chief of Defence Staff and promoted him to the rank of Brigadier. When asked in examination-in chiefwhether it was in fact Charles Taylor who promoted Bockarie, Sesay testified that "No, it was not Charles Ta ylor. In fact, this was .. .in the presence of many of us. 1 was not the only person or Bockarie alone; all the other officers in Buedu were at Sam Bockarie's house
14767 Charles Ghankay Taylor, Transcript 28 October 2009, pp. 30574-30575. 14768 Charles Ghankay Taylor, 2 November 2009, pp. 30859-30860.
14769 Charles Ghankay Taylor, 23 September 2009, p. 29590. 1477 0 Charles Ghankay Taylor, 23 September 2009, p. 29589.
14771 Charles Ghankay Taylor, 23 September 2009, pp. 29589-29591. 14772 Charles Ghankay Taylor, 23 September 2009, pp. 29589-29591. 14773 Issa Sesay, Transcript 26 July 20 10, pp. 44590-44591. 44596.
2279 Case No.: SCSL-03-0 I-T 18 May 2012 when Johnny Paul announced that promotion to Bockarie". Koroma also promoted Sesay to the rank of Colonel. Sesay explained that Koroma had the power to make these promotions because at that time he, Bockarie and Lamin still regarded Koroma as the leader of the AFRC, and because Foday Sankoh had told them to take instructions from Koroma. Sesay also testified that Bockarie 's deference to Koroma at that time was exhibited in the fact that Bockarie had left his bedroom and given it to Koroma. 14 774
6543. Sesay further testified that he was in Makeni after the Freetown Invasion in January 1999 when he heard that Johnny Paul Korom a had promoted Bockarie to be a two-star general, and after this Bockarie started to wear two stars on his beret. 14775
Prosecution Exhibit P-062
6544. Exhibit P-062 is a chart created by the Prosecution and based on TF 1-371's testimon y on the AFRC/RUF alliance command structure in the Post-Intervention period. Sam Bockarie is designated as the Chief of Defence Staff ("CDS"), and the Head of the
AFRC/RUF fighters that were in RUF-controlled territory.14776
Prosecution Exhibit P-572
6545. Exhibit P-572 is a colour photograph of two men, one of whom is dressed in a green camouflage uniform and a red beret with two stars on it whom Issa Sesay identified as Sam Bockarie. 14777
Defence Exhibit 0-009
6546. Exhibit 0-009 is an RUF Salute Report dated 26 September 1999 from "Major General Sam Bockarie" to Foda y Sankoh as "Leader of the Revolution". In this report, Bockarie is reportin g to Sankoh on what had taken place during his detention in Nigeria. In reference to his promotion, Bockarie wrote that "[W]hen J P Koroma arrived in Kailahun, he appointed me to take over command for both the RUF and the SLA as Chief of Defence Staff with the rank of Brigadier General. In order to motivate the most senior officers, I took
14774 Issa Sesay, Transcript 8 July 20 I 0, pp. 440 I 4-440 I 7. 14775 Issa Sesay, Transcript 18 August 20 I 0, pp. 46662-46663, 46667.
14776 Exhibit P-062, "AFRC/RUF Alliance Command Structure After the Fall of the Junta, circa March 1998, as indicated by TF 1-37I " . 14777 Exhibit P-572, "Photograph of Sam Bockarie with Camouflage and Beret" . See Issa Sesay, Transcript 18
2280 Case No.: SCSL-03-0 1-T 18 May 20 12 403 ?-3
it upon myself to appoint Brig. Issa as Battlefield Commander and Colonel Mingo as Battle Group Commander". Bockarie then writes that after the Freetown Invasion, in January 1999, he was "again promoted by J P Koroma to the rank of Major General". 14778
Defence Exhibit 0-084
6547. Exhibit 0-084 is an RUF Salute Report dated 27 September 1999 from Brigadier Issa Sesay in his capacity as RUF Battle Field Commander to Foday Sankoh as "Leader of the Revolution". In reference to Sam Bockarie's 1998 post-ECOMOG Intervention promotion, Sesay wrote that "J P Koroma appointed General Mosquito as Chief of Defence Staff with overall command over both the RUF and the SLA and promoted him to the rank of Brigadier General. General Mosquito called on me and informed me that since he had been made Chief of Defence Stafffor both the RUF and the SLA by J P Koroma he wanted to tum over his assignment of Battle Field Commander to me and asked me to tum my assignment of Battle Group Commander over to Superman". 14779
Deliberations
6548. At the outset, the Trial Chamber is cognisant of the Defence's challenges to the Prosecution's evidence regarding the date and circumstances of the first meeting between the Accused and Bockarie, in particular the discrepancies between the testimonies of Varmuyan Sherif and Dauda Arona Fomie.14780 However, the Trial Chamber has accepted Fomie's evidence with regard to the trip made by Bockarie immediately after the Intervention to Monrovia.14781 In the Trial Chambers view, Fomie's testimony that on their way back from Monrovia to Sierra Leone Bockarie told Fomie that he met with the Accused and the Accused said that he would help the RUF "to the best of his ability",14782 is corroborated by Prosecution Exhibit P-067, according to which following the Intervention the "High Command" met with the Accused who "promised to give his maximum support to
August 2008 pp. 46663-46668.
1417 8 Exhibit 0-009, "RUF Defen ce Headquarters, Salute Report to the Leader of the Revolution from Major General Sam Bockarie, dated 26 September 1999", p. 5, ERN 9662.
1417 9 Exhibit 0-084, " RUF, Sierra Leone, Defen ce Headquarters, Salute Report, from Brigadier Issa HSesay Battlefield Conunander RUF/SL, to the Leader ofthe Revolution. 27 September 1999", p. 6, ERN 7761. 14780 Defence Final Trial Brief. paras 1513-1518 .
14781 Operational Support: Communications, RUF and NPFL Radio Codes and Communications: Arms and Ammunition: Allegati ons of Direct Supply by the Accused, During Sam Bockaires Leadership (February 1998 December 1999). 14782 Dauda Aruna Fornie, Transcript 2 December 2008. pp. 21454-21455.
228 1 ~ Case No.: SCSL-03-0 1-T 18 May 2012 the RUF".14783 Moreover, the Trial Chamber has found that Bockarie met the Accused in February/March 1998 during which the Accu sed instructed Bockarie to maintain hold over Kono. 14784 The Trial Chamber also notes that on the first day of his testimony the Accused said that he first met Bockarie in late 1997/early 1998, 14785 only to change his version later 14786 on in his testimony that he first met Bockarie in September 1998. The Trial Chamber therefore finds the Accused' s testim ony incredible. In light of the evidence, the Trial Chamber finds that the Accused first met Bockarie in late February/early March 1998.
6549. With regards to the Prosecution allegation that Taylor promoted Bock arie after the Intervention, the Trial Chamber finds that evidence adduced by the Prosecution to prove that sometime around March 1998 the Accused either directly, or through a joint decision made between himself and Johnn y Paul Korom a, promoted Sam Bockarie, is inconsistent. While Prosecution witnesses Kannoh Kanneh, TF I-5 I6, Albert Saidu, and TFI-585 testified that Taylor promoted Bockarie,1 4787 Prosecution Witnesses TF I-371 and Perry Kamara testified that Johnny Paul Koroma promoted Sam Bockarie.1478 8 Prosecution Witnes s Isaac Mongor also testified that Koroma promoted Bockarie after first consulting with Taylor,14789 while Prosecution witness Augustine Mallah testified that Bockarie promoted himself.14790
6550. The Trial Chamber notes that both Issa Sesay and TF l-371 provided first-hand evidence that Bockarie was promoted by Koroma at a meetin g at Sam Bockarie' s house in Buedu in late February or March 1998, at a time when Bockarie had vacated his bedroom in order to host Koroma as a guest.14791The closely matching accounts of the two witnesses do not mention the Accused as having been involved in the promotion. Their account is
14783 Exhibit P-067, RUF People 's Arm -Situation Re po rt to Foday Sanko h from the Black Guard Co mmander", ERN 9674. 14784 Military Ope ra tions: Op erations in Kono (Early 199 8); Dia monds: All eged De livery of Dia mo nds to the Acc use d, February 1998-July 1999.
147S 5 Cha rles Ghankay Taylor, Transcript 14 Jul y 2009, pp . 24337-24338.
14786 Cha rles Ghankay Taylor, Transcript 3 August 2009, pp . 25805-25806, 258 19, 25827; 258 28-25830; Transc ript 5 Aug ust 2009, p. 26004. 14787 Karrn oh Kanneh , Transc ript 8 May 2008, pp. 9392- 9396; TFl -5 16, Transcript 8 April 2008, pp . 685 4 6856; A lbe rt Sai d u, T ranscript 4 June 2008, pp. 11004-11 005; TF I-585, Transcript 5 Septe mber 2008, pp . 15617-1 5622. 14788 TF I-371, Transcript 28 Janu ary 2008, pp. 2363-2364 (CS); Perry Karnara, Transc ript 5 February 2008, pp . 3 110-3 111. 14789 Isaac Mongor, Transcript II March 2008, pp . 5740 -574 1.
14790 Augustine Mall ah , Transcript 17 November 2008, pp. 2041 2.
14791 TF I-37 1, Tran script 28 Janu ary 2008, pp . 2364 (CS); Issa Sesay, Transcript 8 Jul y 20 10, pp. 44014-4401 7.
22 82 Case No.: SCSL-03-01-T 18 Ma y 20 12 4°375 corroborated by the hearsay evidence of Perry Kamara ,14 792 and the documentary evidence ofthe reports introduced as Exhibit 0_009,14793 and Exhibit D_084.14794
6551. With regard to the rank and title of the promotion, Kanneh, Mallah and TFl-371 testified that Bockarie was promoted to General and Chiefofthe Defence Staff 14795 Mongor testified that Bockarie was promoted to Chief of the Defence Staff 14796 TF 1-516, Albert Saidu, and TF 1-585 testified that Bockarie was promoted to General.I4 79 7 Perry Kamara testified that Bockarie was promoted to be the "leader of the movement".14798 TF 1-539 testified that because the entire army had fallen into disarray, there was no command structure amongst the SLA and it was only Sam Bockarie who had the absolute command.14 799 The Trial Chamber also recalls the testimony of Isaac Mongor that Bockarie was promoted to "defence chief of staff for the whole movement,,14800 and Mallah's testimony that Bockarie promoted himself 14801
6552. Considering the many witnesses who mentioned the Accused in their testimony relating to Bockarie's promotion,14802 the Trial Chamber considers that he may well have been consulted by Koroma, as one witness testified, or talked directly with Bockarie about the promotion as Bockarie had just been in Monrovia. The Trial Chamber notes that much of the evidence is hearsay, which might explain the many different versions of this promotion. In light of these many different versions, the Trial Chamber is unable to find beyond a reasonable doubt that the Accused promoted Bockarie, as alleged by the Prosecution.
14792 Perry Karnara, Transcript 5 February 2008, pp. 3110-3111 .
14793 Exhibit D-009 ,"RUF Defence Headquarters, Salute Report to the Leader of the Revolution from Major General Sam Bockarie, dated 26 September 1999" p. 5, ERN 9662 . 14794 Exhibit D-084, "RUF, Sierra Leone, Defence Headquarters, Salute Report, from Brigadier Issa H Sesay Battlefield Commander RUF/SL, to the Leader of the Revolution, 27 September 1999", p. 6, ERN 7761. 14795 Kannoh Kanneh, Transcript 8 May 2008, pp. 9392- 9396; Augustine Mallah, Transcript 17 November 2008, pp. 20412; TFI-371 , Transcript 28 January 2008, pp. 2364 (CS); Exhibit P-062 "AFRC/RUF Alliance Command Structure After the Fall ofthe Junta, circa March 1998, as indicated byTFI-371". 14796 Isaac Monger , Transcript II March 2008, pp. 5740-5741.
14797 TFI-516, Transcript 8 April 2008, pp. 6854-6856; Albert Saidu, Transcript 4 June 2008, pp. 11004-11005 ; TFI-585, Transcript 5 September 2008, pp. 15617-15622 . 14798 Perry Karnara, Transcript 5 February 2008, pp. 3110-311I.
14799 TFI-539, Transcript 10 June 2008, pp. 11397-11398 . 14800 Isaac Mongor, Transcript II March 2008, pp. 5740-5741 . 14801 Augustine Mallah, Transcript 17 November 2008, pp. 20412 .
14802 Kannoh Kanneh, Transcript 8 May 2008, pp. 9392- 9396; Isaac Monger, Transcript II March 2008, pp. 5740-5741; TFI-516, Transcript 8 April 2008 , pp. 6854-6856; TFI-585, Transcript 5 September 2008, pp. 15617-15622; Albert Saidu, Transcript 4 June 2008 , pp. 11004-11005.
2283 Case No.: SCSL-03-01-T 18 May 2012 6553. Concerning the Prosecution 's allegation that Taylor promoted Bockarie to two-star general after the Freetown Invasion, the Prosecution relies on the evidence of TFI-37I to support this proposition. TF 1-371, however, heard from Bockarie in a meeting in Sierra Leone that Taylor made this promotion in Liberia, but TF 1-371 had no way of confirming that Taylor was, indeed, the person who made the promotion. The Prosecution also proffers Exhibit P-572, a color photograph of Bockarie in a camout1age uniform and red beret with two stars; though this corroborates TFI-371's testimony that Bockarie wore this uniform and beret, the photograph does not corroborate TFI-371 's testimony that Taylor promoted Bockarie.
6554. Issa Sesay testified that he heard that it was Johnny Paul Koroma who promoted Bockarie, but the Trial Chamber notes that this evidence is also hearsay. The Trial Chamber further recalls its finding that Sesay is not a generall y credible witness and his testimony must be corroborated.
6555. The Defence proffered DCT-009, an RUF Salute Report dated 26 September 1999, written from Bockarie to Sankoh. In this report, Bockarie informs Sankoh that in January 1999, he was promoted by Johnny Paul Koroma. The Trial Chamber has no reason to believe that this contemporaneous docum ent is not reliable, and in fact, both parties rely on the document as evidence of the matters asserted therein. 14803 This document, corroborated by the testimony of Issa Sesay, raises a doubt as to the Prosecution's allegation that Taylor promoted Bockarie.
Findings
6556. The Trial Chamber finds that the Prosecution failed to prove beyond reasonabl e doubt that in about March 1998 Taylor promoted Sam Bockarie to the post of Chief of Defence Staff for the AFRC/RUF alliance with the rank of Brigadier General.
6557. The Trial Chamber finds that the Prosecution failed to prove beyond reasonable doubt that the Accused promoted Sam Bockarie to the post of two-star general after the Freetown Intervention.
14803 See Prosecution Final Trial Brief, para. 145, footnote 471; para. 146, footnote 476-477; para. 161, footnote 512; para. 220, footnote 683; para. 273, footnote 796; para. 520, footnote 1505; para. 539, footnote 1538; para. 565, footnote 1586. See Defence Final Trial Brief, para. 582, footnote 1464, 1466; para. 583, footnote 1471;
2284 Case No.: SCSL-03-0 1-T 18 May 20 12 (ii) Allegation that in December 1999 the Accused ordered Sam Bockarie to leave SielTa Leone and come to Liberia
Submissions ofthe Parties
6558 . The Prosecution alleges that the conflict which arose between Foday Sankoh and Sam Bockarie after the Lome negotiations prompted the latter to leave Sierra Leone on 14 December 1999 and seek "safe haven" with the Accused in Liberia.1 4804 According to the Prosecution, the Accused in fact ordered Bockarie to do SO.1 4805 The Prose cution further submits that the Accused kept Bockarie's arrival in Liberia secret from President Obasanjo when on 21 December 1999 the two of them met at Roberts International Airport to discuss the peace process and the problems arising from the confli ct between Sankoh and Bockarie.14806 The Prosecution therefore submits that this meeting was a "diplomatic deceit", organized by the Accused to cover his clandestine actions.14807
6559 . The Defence does not dispute that in December 1999 Bockarie was told by the Accused to travel to Liberia but subm its that the evidence used by the Prosecution is insufficient to show a superior/subordinate relationship between the two of them and only shows that the Accused was playing a mediating role between Bockarie and Foday Sankoh.14808 The Defence further argues that the Accused 's efforts to "extract" Bockarie from Sierra Leone and into Liberia in December 1999 were carried out under the auspices of ECOWAS 14809 for the purpose of convening a meeting between the Accused, President Obasanjo, Sam Bockarie and Foday Sankoh, as part ofthe peace process. 14810
Evidence
Prosecution Witness Perry Kamara
para. 585, footnote 147 1, 1476; para. 586, footnote 1484; para. 587, footnote 1485, 1487-1488; para. 60 1, footnote 1544; para. 602, footnote 1546. 1480-l Prosecution Final Trial Brief, paras 204, 334, 388. 14805 Charles Ghankay Taylor, Transcript 5 February 20 I0, p. 34859. 14806 Prosec ution Final Trial Brief, para. 204. 14807 Prosecution Final Trial Brief, para. 204.
14808 Defence Final Trial Brief, para. 1297. 14809 Defence Final Trial Brief, para . 663.
148 10 Defence Final Trial Brief, para. 933 .
Case No.: SCSL-03-01-T 18 May 20 12 I~ 6560 . Witness Perry Kamara, an RUF radio operator,14 811 recognised the resignation message sent by Sam Bock arie and testified that it was written at the time Bockarie had a conflict with the RUF and decided to leave and go to the Accused in Liberia. 14812
Prosecution Witness Foday Lansana
6561 . Witness Foday Lansana, (a.k.a. CO Nya) an RUF radio operator,14 81 3 gave evidence to the effect that toward the end of 1999, Sam Bockarie had come to challenge the leadership of Foday Sankoh within the RUF.14814 As a result, the latter contacted the Accused and asked him to intervene and calm down Bockarie.1481 5 The witness further testified that under the command of the Accused, Bockarie was then ordered to leave Sierra Leone and go to Liberia.1481 6 Lansana testified that he knew this because the events took place at the time he entered Monrovia and was in touch with Benjamin Yeaten.1481 7
Prosecution Witness TFl-579
6562. Witness TFI-579, an SSS member,14818 testified that in late 1999 Sam Bockarie entered Liberia with a large number of bodyguards.1481 9 The witness further testified that Bockarie spoke with him in Monrovia and told him that he had left Sierra Leone only because the Accused called him and told him he should do SO.14820 The witness also gave evidence that the Accused told Bockarie he should leave Sierra Leone because of Foday Sankoh's fears that Bockarie might take over the RUF . The witness then quoted Bockarie saying : "had it not been for the Chief who called me to come we would have all fought for that place until all of us lost the ground".14821 TF 1-579 testified that Bockarie used the term "Chief' to refer to the Accused.14822 Furthermore, the witness gave testimony that during
14811 Perry Kamara, Transcript 4 February 2008, p. 3039. 14812 Perry Kamara, Transcript 4 February 2008 , p. 3080. 14813 Foday Lansana, Transcript 20 February 2008, pp. 4361-43 62. 14814 Foday Lansana, Transcript 22 February 2008, pp. 4573-45 74. 14815 Foday Lansana, Transcript 22 Februa ry 2008, pp. 4574. 14816 Foday Lansana, Transcript 22 February 2008, pp. 4574. 14817 Foday Lansana, Transcript 22 February 2008 , pp. 4574. 14818 TF I-579, Transcript 5 November 2008, pp. 19822-19823. 14819 TF I-579, Transcript 5 November 2008, pp. 19856, 19858. 14820 TFI-579, Transcript 5 November 2008, pp. 19859. 14821 TFI -579, Transcript 5 November 2008, pp. 19859. 14802- TFI -579, Transcnpt. 5 November 2008, pp. 19860.
2286 Case No.: SCSL-03-0 1-T 18 May 20 12 this conversation Bockarie also stated that with Sankoh wanting him dead, he would now only follo w ord ers from the Accused. 14823
Prosecution Witnesses TFl-51 6 and TFI-371
6563 . Witness TFl-516, an RUF radi o operator, 14824 gave testimony to the effect that when Sam Bockarie left the RUF, he took with him a good number of RUF soldiers and then crossed the border into Liberia.1 4825 The witness also stated that Bockarie was chased by a group of RUF soldiers who were sent by Issa Sesay to attack his bas e in Buedu and subsequently followed him to the Liberian border.14826 TFl-371 further testified that while Sam Bockarie and his group of soldiers were allo wed to cross, the pursuers were stopp ed and severely beaten by the Liberian soldi ers.14827
The Accused
6564 . The Accused testified that toward the end of 1999 the conflict between Bockarie and Sankoh led to a split within the RUF and violent clashes between the two newly formed camps.14828 The Accused further stated that , following discussions within ECOWAS, a decision was taken to "extract" Bockarie from Sierra Leone to Liberia because Bockarie's ideas to chall enge Sankoh 's leadership over the RUF were threatening the peace process.14829 The Accused therefore stressed that Bockarie did not arrive in Liberia on his personal invitation ,1 4830 but that his arrival in Monrovia in December 1999 was the result of many previous consultations amongst the Committee of Six. 14831
6565. The Accused further testifi ed that he saw Bockarie's belligerenc y as a threat to the disarmament process, which is why the Accused communicated his concerns to President Obasanjo and eventually organised a meeting at Roberts International Airport .1 4832 The Accused testified that this meeting was held on 2 1 December 1999 and was attended by the
14823 TFl-579, Transcript 5 November 2008, pp. 19860. 14824 TF l-5 16, Transcript 8 April 2008, p. 6845. 14825 TF l-516, Transcript 9 April 2008, pp. 7037-7038 14826 TF 1-516, Trans cript 9 April 2008, p. 7038. 14827 TF l-37 1, Transcript 29 January 2008, pp. 7038-7039 . 14828 Charles Ghankay Taylor, Transcri pt 17 August 2009, pp. 26858, 26878. 14829 Charles Ghankay Taylor, Transcript 17 August 2009, pp. 26859-26860. 14830 Charles Ghankay Taylor, Transcript 17 August 2009, p. 26859 . 14831 Charles Ghankay Taylor, Transcript 17 August 2009, pp. 26844, 26859. 14832 Charles Ghankay Taylor, Transcript 17 August 2009, pp. 26853-26854, 26859, 26878.
2287 Case No.: SCSL-03-0 1-T 18 May 2012 403(50
Accused, President Obasanjo , Sam Bockarie and Foday Sankoh. I-I833 The Accused stated that the purpose ofthis meeting, and President Obasanjo being there, was to "reinforce some strong medicine", namely that disarmament would continue and Bockarie would stay out of Sierra Leone. 14834 According to the Accused, Bockarie was given a choice to either stay in Liberia or go to a third countryl-l835 and the decisions made in this meeting were then communicated to the UN Special Representative in Liberia.14836
Prosecution Exhibit P-050
6566. Exhibit P-50 is a message from Sam Bockarie in which he announces that as a result of the increasing tension within the RUF and for the purpose of preventing more bloodshed, he has decided to leave the movement. The message is dated 14 December 1999. 1-1 837
Defence Exhibit D-226
6567. Exhibit D-226 contains a message from the Accused, conveyed to the UN Secretary General through the UN Special Representative Felix Downes-Thomas. The message is dated 14 December 1999 and states that the Accused is currently holding talks in Monrovia with Sam Bockarie and Foday Sankoh in an effort to ensure that the peace process remains on course. The message goes on to say that President Obasanjo will fly to Monrovia on 20 December 1999 to assist the Accused in this matter. 14838
Defence Exhibit D-227
6568. Exhibit D-227 is a code cable dated 21 December 1999, in which the United Nations special representative in Liberia writes about a meeting at Roberts International Airport between the Accused and President Obasanjo, where a decision was made to temporarily relocate Sam Bockarie and his followers to other countries .[4839 Downes-Thomas also refers to a report by the BBC correspondent in Monrovia, Jonathan Pellele, which states that Sam
14833 Charles Ghankay Tay lor, Transcript 17 August 2009, pp. 26856-26857. 14834 Charles Ghankay Taylor, Transcript 17 August 2009, pp. 26857,26859. 14835 Charles Ghankay Taylor, Transcript 17 August 2009 , p. 26858. 14836 Charles Ghankay Taylor, Transcript 17 August 2009, p. 26854.
14837 Exhibit P-50, "Radio Message - 000087 64 19 December 1999 Radio Log Book Three", ERN 52. 14838 Exhibit D-226, "UN Interoffice Memorandum, to IQAL Rizza, Chef de Cabinet, to Felix Dowries-Thomas, RSG, Liberia, Message from President Taylor to Secretary General, December 14 1999 - DCT 84 (3 Pages)", p. 2, ERN 625. 14839 Exhibit D-227, "Code Cable , To Predergast, United Nat ions, New York, From Downes-Thomas, RSG,
2288 Case No.: SCSL-03-01-T 18 May 20 12 ~038f
Bockarie also attended the meeting at RIA and was told that he must stay out of Sierra Leone. According to the BBC report, Bockarie was given the choice to either stay in Liberia or go to any other third country.14840
Deliberations
6569. The Trial Chamber observes that it is undisputed that in December 1999, Sam Bockarie left Sierra Leone and went to Liberia, and that he was told to do so by the Accused. It is the nature of this contact between the Accused and Bockarie that is disputed. According to the Prosecution, this communication between the Accused and Bockarie amounted to an order and shows the existence of superior/subordinate relationship between the two of them. According to the Defence, the Accused relied on the authority of ECOWAS when summoning Bockarie to Liberia and also sought the help of President Obasanjo in the effort to deal with Sam Bockarie and ensure that he did not return to Sierra Leone.
6570. The Trial Chamber notes that the question of whether in this instance the contact between the Accused and Sam Bockarie satisfies the threshold of effective control is to be dealt with, in light of the totality of evidence, when analyzing the criminal responsibility of the Accused. At present, the Trial Chamber finds that the communication between the Accused and Bockarie resulted in the latter leaving Sierra Leone and entering Liberia in December 1999. This is supported by the testimony of Prosecution witnesses Foday Lansana 14841 and TF 1-579,14842 and the Defence has not disputed it or presented evidence to the contrary.
6571. The Trial Chamber further notes that a second, interrelated issue arises from the evidence presented by the Parties, namely the reasons for Bockarie's stay in Liberia in December 1999. The Prosecution's allegation that the Accused provided a safe haven for Bockarie and kept this secret from President Obasanjo during his meeting with him at Roberts International Airport on 21 December 1999 is not supported by the evidence. Both the Prosecution and the Defence have presented evidence to the effect that towards the end of 1999 there was a split within the RUF, leading to violent clashes between RUF fighters
UNOL, Monrovia, Discussion on the Sierra Leonean Situation, December 21,1999 - DCT 174", ERN 626 14840 Exhibit D-227, "Code Cable, To Predergast, United Nations, New York, From Downes-Thomas, RSG, UNOL, Monrovia, Discussion on the Sierra Leonean Situation, December 21, 1999 - DCT 174", ERN 626 14841 Foday Lansana, Transcript 22 February 2008, pp. 4574 .
14842 TFl-579, Transcript 5 November 2008, pp. 19859.
2289 Case No.: SCSL-03-01-T -d'\i 18 May 2012 loyal to Foday Sankoh and RUF fighters loyal to Sam Bockarie.14843 Contrary to the allegation that Bockarie sought a safe haven in Liberia, Prosecution Witness TFI-579 testified that Bockarie declared that he would have kept fighting in Sierra Leone if the Accused had not called him to Liberia.1 4844 The Trial Chamber recalls that TFI-579's evidence is to be considered with caution and requires corroboration.14845 Exhibit D-226 and Exhibit D-227 show that the Accused in fact organized a meeting at Roberts International Airport between Foday Sankoh, Sam Bockarie, President Obasanjo and himself, as a result of which a decision was made that Bockarie would not return to Sierra Leone until the disarmament process had been completed.14846
Findings
6572. The Trial Chamber finds that the Prosecution failed to prove beyond reasonable doubt that the instruction given by the Accused to Sam Bockarie to leave Sierra Leone for Liberia in December 1999 was a 'diplomatic deceit' to cover clandestine actions.
(d) Issa Sesay
Submissions ofthe Parties
6573 . The Prosecution submits that after Sankoh's arrest and detention in May 2000, Charles Taylor selected Issa Sesay to take over the leadership of the RUF. In July 2000 Taylor called Sesay to Monrovia, where he arrived with a delegation that included Augustine Gbao. Sesay and his delegation met with Taylor and the other ECOWAS presidents, including President Obasanjo of Nigeria, President Jammeh of Gambia, President Eyadema ofTogo , and President Konare ofC6te d'Ivoire.14847
6574. Taylor told them that the RUF needed new leadership because "Sankoh was too old, stubborn and lazy", a point that Sesay and Gbao objected to. Taylor's first proposal was for Sam Bockarie to be reinstated, which the Prosecution submits Taylor wanted because it would be better for him to have "as leader the man closest and most useful to him, as well as
14843 TF 1-516, Transcript 9 April 2008, p. 7038; Perry Kamara, Transcript 4 February 2008, p. 3080; Charles Ghankay Taylor, Transcript 17 August 2009, pp. 26858, 26878. 14844 TF I-579, Transcript 5 November 2008, pp. 19859. 14845 Credibility Assessment, TFI-579. paras 339-345. 14846 Exhibit D-227, "Code Cable, To Predergast, United Nations, New York,From Downes-Thomas, RSG, UNOL, Monrovia, Discussion on the Sierra Leonean Situation, December 21, 1999 - DCT 174",ERN 626
2290 ./ Case No.: SCSL-03-01-T 18 May 20 12 / 4 D3 8 3 most trusted". However when Taylor suggested this Sesay objected, after which Taylor suggested that Sesay become the leader. Sesay said that "he would need to inform the RUF family before accepting the position or appointing someone else" . The meeting attended by the presidents closed and Taylor then held a private meeting with just "the delegation". 14848
6575. The Prosecution further submits that after these meetings Sesay held a meeting in Sierra Leone to discuss the proposal that he take over the RUF leadership. The meeting attendees agreed in principal that Sesay could be the interim leader while Sankoh was still in detention on the condition that Sankoh provided a written confirmation of his agreement with this. On Taylor's invitation, Sesay travelled back to Monrovia where he met with Taylor, Obasanjo, and Konare at Roberts International Airport.14849 Sesay was given a letter signed by Sankoh which stated that "he did not approve of Sesay becoming the leader ofthe RUF; however, Issa Sesay could be the interim leader whilst Foday Sankoh was detained". The letter also directed that just as Bockarie had taken instructions from Taylor when Sankoh had been previously detained, Sesay would now take instructions from Taylor. Sesay then returned to Sierra Leone where he reconvened another meeting to have his appointment as interim leader ofthe RUF ofticially endorsed. 14850
6576. The Defence submits that in the summer of 2000, because Foday Sankoh was III prison, ECOWAS did not know who was in charge of the RUF. Charles Taylor and his counterparts on the Committee of Six decided that Taylor should host a mini-summit in Monrovia "to deal with the issue of Issa Sesay and the RUF so that the Lome agreement would not be tom up and so that disarmament and demobilisation could continue". Presidents Yahya Jammeh, Alpha Konare, Olesegun Obasanjo, Gnassingbe Eyadema, Blaise Compoare and Robert Guie attended the meeting arranged by Taylor which took place on 26 July 2000 at the Executive Mansion in Monrovia. Sesay attended as well with a delegation. While Kabbah did not attend because he was not a member ofthe Committee ofSix and was a party to the conflict in Sierra Leone, he was still aware ofthe meeting and its purpose. 14851
1484 7 Prosecution Final Trial Brief, para. 180.
14848 Prosecution Final Trial Brief. para . 180.
14849 Prosecution Final Trial Brief. para. 181.
14850 Prosecution Final Trial Brief. para. 181.
14851 Defence Final Trial Brief, paras 686-687.
2291/ Case No.: SCSL-03-01-T 18 May 2012 /-- 6577. The Defence further submits that the heads ofstate asked Sesay who "was in charge" of the RUF while Sankoh was being incarcerated by Sierra Leone, and Sesay informed them that he was the RUF's most senior officer. The heads of state suggested that Sesay become the new leader of the RUF, based on an agreement between Obasanjo and Taylor who were impressed that Sesay had swiftly surrendered the peacekeepers to Taylor in May. Sesay explained that he would need the approval ofthe War Council and Sankoh , and the heads of state then "facilitated" the sending of a letter to Sankoh, and gave Sesay time to consult the
War Council. 14852
6578. Then ECOWAS Chairman President Konare and Obasanjo took the letter to Sierra Leone where they met with Sankoh and Kabbah. Sankoh "approved" Sesay' s interim leadership. Kabbah was kept updated on all developments concerning Sesay' s appointment to interim leader. Sesay then returned to Liberia in order for his appointment to be formall y confirmed at a meeting that had been arranged on 21 August 2000 in Roberts International Airport in Liberia. President Taylor, Konare, and Obasanjo attended the meeting, which also included Sesay and RUF spokesman Gibril Massaquoi. 14853
6579. The Defence further submits that Sesay confirmed that he and his delegation, which included Augustine Gbao, Konathan Kposowa, Samuel Jabba, Patrick Binda and Colonel Lion, were invited to a meeting at RIA with Presidents Taylor, Konare and Obasanjo . In addition to the aforementioned heads of state and the RUF delegation, the meeting was also attended by other ECOWAS representatives and the press. Taylor and Obasanjo reiterated their preference that Sesay become the RUF interim leader, and Konare complained about
Sankoh and stated that they would no longer work with him.14854
Evidence
Prosecution Witness TFl-338
6580. Witness TF 1-338 testified that Issa Sesay travelled with a delegation to Monrovia on 26 July 2000. Upon arrival, which was at about 4.00pm, they went to the sixth floor of the Executive Mansion where they met Taylor and four other heads of state. The heads of state
14852 Defence Final Trial Brief, para. 688. 14853 Defence Final Tria l Brief, paras 689-691. 14854 Defence Final Trial Brief, para. 692.
2292 Case No.: SCSL-03 -01-T 18 May 20 12 I~ were Nigerian President Obasanjo, Togolese President Eyadema, Gambian President Yahha Jammeh, and the Malian President Oumar Konare. Taylor had invited them there to celebrate "an occasion in Liberia" and to change the RUF leadership. 14855
6581. After the introductions were made, he heard Obasanjo thank the RUF delegation for coming and directed them "to continue with the good relationship that they had with Charles Taylor. ..because Charles Taylor was doing good things to them and ... Charles Taylor was a good leader. If Africa could only get ten of his type then the unity Africa is fighting for, they will be able to achieve it". TFl-338 also testified that he heard Jammeh thank the RUF delegation and say that it was "Charles Lord [sic] who had invited them to come and talk to the RUF delegation for them to have a new leadership so that they will be able to carryon with the peace process so peace and stability will return to Sierra Leone", and that "if the RUF took the initiative to have a young leader who would be able to carry on with the process then they would achieve their objective". TFl-338 testified that both Konare and Eyadema addressed them as well, but they spoke in French and he was unable to understand what they said. 14856
6582. TFl-338 testified that Taylor then addressed them and said that because "Foday Sankoh was too old...too stubborn...always being arrested, and ...a lazy leader" that it was necessary for the RUF leadership to change. Augustine Gbao and Issa Sesay "emphasised that no, that shouldn't happen, but Charles Taylor spoke with them to listen to what the leaders were telling them". Taylor first suggested that they "take Mosquito back", meaning to send Sam Bockarie back to Sierra Leone as RUF leader, but Sesay said no, and then Taylor said "Ah, but Issa if you would take care as a commander or as a leader". Sesay said that because the RUF was a family, he would inform the "RUF family" first, and then respond as to whether he would accept the position or appoint someone else.14857
6583. Later that night, at around 11.00pm or midnight, Benjamin Yeaten came to collect Sesay and others, including Augustine Gbao, to go to meet with Taylor. TFl-338 testified that Taylor told Sesay that "he should bear in mind that the people who were talking to him before then were British elected presidents and he should .. ..not to listen to the Sierra Leone
14855 TFI-338, Transcript 2 September 2008, pp. 15145-15146 . The "occasion" was Liberia's 26 July independence celebration. Charles Ghankay Taylor, Transcript 19 August 2009, p. 27159. 14856 TFI-338, Transcript 2 September 2008,15147. 14857 TF 1-338, Transcript 2 September 2008, pp. 15147-15148.
2293 Case No.: SCSL-03-01-T 18 May 2012 IJ government because...[it] was a British elected government.. .remote controlled by the British.....And so any time he would be asked [by the United Nations] to disarm he should just say yes, but he should not do it in reality. And in that case he, Charles Taylor, will continue to assist the RUF as he was doing before". Taylor also told Sesay that he should not listen to the other heads of state because "today.. .they will embrace him and the other day they will just deny him". Taylor then gave Sesay $USD 15,000 and he returned to the 148-8 guesthouse. Sesay then travelled back to Sierra Leone the next day, 27 July 2000. )
6584 . When Sesay arrived he convened an RUF meeting in Lebanon, Koidu Town, where he informed his "colleagues" of Taylor's proposal that he take over the RUF leadership and said that he had 'Just come to ask who should be the leader". They all agreed that Sesay could take over as leader, but only if they received a message from Sankoh showing his consent. Sesay informed them that Obasanjo had volunteered to meet with Sankoh to find out his view once they gave him a name to propose, however they insisted that they needed to see a letter from Sankoh agreeing to it. 14859
6585. Two or three days later, Sesay said that Taylor had invited him to Liberia where he landed at the international airport (RIA), and where he met Obasanjo and Konare. They were taken to a waiting room for a meeting where Obasanjo handed a letter from Sankoh to Taylor, who then handed it to Sesay. Sesay agreed that the signature on the letter belonged to Sankoh, and then Jabba, Sesay's adjutant, read the letter aloud. TFI-338 recalls that Jabba read from that letter that "Issa should now take control of the leadership and he should take instructions, just as Mosquito used to do while [Sankoh] was in jail. .. in Nigeria, that Issa should now take control and instructions from Charles Taylor".14860 Obasanjo then handed Sesay a parcel and he and Konare left to fly back to their own countries. Sesay then spent the night in Monrovia before leaving for Sierra Leone the next day. 14861
6586. When Sesay arrived back in Sierra Leone he convened another meeting in Lebanon, Koidu Town, where he showed Sankoh's letter "to the people and the people were happy about it because Issa had been appointed the new leader and should carryon with the work
14858 TFl-338, Transcript 1 September 2008, pp. 15149-15 150. TFl-338 explained that when Taylor spoke about the "British elected presidents" that he was referring to the four other heads ofstate. 14859 TFl-338, Transcript 2 September 2008, p. 1515l. 14860 TFl-338, Transcript 2 September 2008, pp. 15152-15154.
14861 TFl-338, Transcript 2 September 2008, pp. 15154.-15155 .
Case No.: SCSL-03-0 1-T 18 May 20 12 Pa Sankoh was to do". The letter explained that Issa was there to be the "interim chairman", and "at the same time he should take instructions from Charles Taylor just as before as Mosquito had been doing and he should take care of the revolution, and he should not allow anybody to mislead him into disarmament".14862
The Accused
6587. The Accused testified that he invited the ECOWAS heads of state to the Executive Mansion in Monrovia on 26 July 2000, in order to resolve who was in charge of the RUF while Foday Sankoh was incarcerated so that they could "make absolutely sure the [Lome] agreement is not thrown away" . President Jammah ofthe Gambia, President Konare of Mali, President Obasanjo of Nigeria, President Compaore of Burkina Faso, and President Eyadema ofTogo attended the meeting, while President Robert of Cote d' Ivoire did not. At the meeting there was also an RUF delegation which included General Issa Sesay.14863
6588. The Accused testified that "General Sesay made us to understand that he was the most senior officer, so after we threw it around and we said, 'Well, then ofcourse you are in charge and you will be the new leader. Can we assume that?''' Sesay said no because two conditions needed to be met in order for him to take over the RUF leadership: I) he would need the approval of "what he called a War Council", and "even more importantly, he said that it would take the approval ofFoday Sankoh ...". Sesay asked for time to consult with the War Council and that the presidents find a way to get a message to Foday Sankoh.14864
6589. About a week later, in the first week of August 2000, Presidents Obasanjo and Konare travelled to Sierra Leone with a letter written by Issa Sesay to Foday Sankoh , informing him that the senior commander and officer of the RUF had met and decided that Sesay would become the Interim Leader until Sankoh's return. 14865
6590. Presidents Obasanjo and Konare then met with Tejan Kabbah "and Foday Sankoh was brought to the meeting" where Sankoh gave his approval of Sesay being appointed as the Interim Leader. Obasanjo and Konare then discussed Sankoh's agreement over the
1 4 8 ~2 TF I-338, Transcript 2 September 2008, pp. 15155-15156.
14863 Charles Ghankay Taylor, Transcript 18 August 2009, p. 27053; Transcript 19 August 2009, pp. 27159 27163. First Taylor testified that President Robert of the Cote d'lvoire attended, but then later testified that he did not. Charles Ghankay Taylor, Transcript 18 August 2009, pp. 27 161, 27164. 148M Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27161-27165.
2295 / Case No.: SCSL-03-01-T 18 May 20 12 /~ phone with Taylor, and then they arranged for a meeting to be held three weeks later on 21 Augu st 2000 at Roberts International Airport in Liberia, in order to formalise Sesay' s appointment as Interim Leader. Taylor testified that this meeting was attended by himself, Obasanjo, Konare, Sesay and Gibril Massaquoi, who was Sesay' s spokesperson.14866
6591. The Accused also testified about Exhibit 0-259, an RUF press communique signed by Issa Sesay that confirms that this meeting at RIA occurred as a "sequel to the one held in Monrovia on 26 July 2000", and that Sankoh sent a signed letter through Konare and Obasanjo confirming Sesay as the Interim Leader of the RUF .14867 Taylor further testified that President Kabbah was "fully kept abreast" of each development leading to the appointment of Sesay as the Interim Leader.14868
6592. The Accused was questioned concerning TFl-338's testimony about the 26 July 2000 meeting. Taylor contested TFl-338's testimony that the meeting occurred on the sixth floor of the Executive Mansion, saying that they met in his office on the fourth floor. Tayl or also recalled that he remembered the RUF delegation being represented at the meeting by only Sesay and Massaquoi. He also did not recall the presence of Augustine Gbao. Taylor also explained that when TF 1-338 testified that he had invited them there to celebrate an "occasion", that the witness was referring to the Liberian Independence Day celebrations, but that he had not invited the RUF delegation there to attend the celebrations, only to discuss the RUF leadership issue in the wake of Sankoh 's incarceration. 14869 The Accused also contested TFl-338's testimony that he referred to Sankoh as too old, stupid and stubborn, testifying that "I wouldn't say anything so stupid to Issa. I know the relationship between Issa and Sankoh. That alone would have spoiled the whole program".14870
6593 . The Accused further contested TFl-338's testimony that at that meeting Issa was appointed as the RUF Interim Leader. Taylor testified instead that Sesay "made it very clear
14865 Charles Ghankay Taylor, Transcript 19 Augnst 2009, pp. 27 165-27 167. 14866 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27163-27168. 14867 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27167-27171 ; Transcript 20 August 2009, pp. 27272-27273 (testifying that "When it got down to the major decision, Issa kept Gibril Massaquoi with him"}; Exhibit D-259, "Press Communique Issued by the Revolutionary United Front (RUF) following a meeting with H.E. Alpha Oumar Konare , President of Mali and Chairman of ECOWAS, H.E. Olusegun Obasanjo, President of Nigeria, and H.E. Dahkpannah Dr Charles Ghankay Taylor, President ofLiberia, 2 1 August 2000". 14868 Charles Ghankay Taylor, Transcript 19 August 2009, p. 27172. 14869 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27184-27187, 27191.
14870 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27189-27191.
2296 Case No.: SCSL-03-0 1-T in that meeting that he could not accept the leadership at that particular place and claim that he was the leader, that he needed the blessing of the War Council and Sankoh himself That's why it took almost a month to settle all ofthese things". 148 71 Taylor also testified that, contrary to the testimony of TFI-338, he did not suggest sending Sam Bockarie back as the leader ofthe RUF. 14872
6594. The Accused also disputed TFI-338's testimony that he met with the RUF delegation later that night at around 11 .00pm or midnight, and that he gave Sesay $USD 15,000. Taylor testified instead that he did not meet with them again until the next morning, 27 July 2000, when he gave Sesay about $USD 5,000 to 7,000 to shop for things they needed like jeans and sneakers before they returned, as was the custom of African heads of state when receiving "little delegations". 14873
6595. The Accused also disputed the testimony of TFI-338 that the letter from Sankoh authorizing Sesay's leadership also said that Sesay should now take instructions from Taylor. Taylor testified that "if the letter had said that, the first thing Obasanjo and Konare would have done, they would have never brought such nonsense, where Foday Sankoh read a letter and say from now on take instructions from Charles Taylor. In fact, knowing Obasanjo and Konare, they would not have countenanced such nonsense". Taylor goes on to further explain that "this letter is written by Foday Sankoh in the presence of three Presidents. Tejani Kabbah, Obasanjo and Alpha Konare ....You know who would have been the first to object and you would have heard about it immediately.. ..Kabbah would have objected. Obasanjo would have never countenanced such. Neither Konare".14874
Defence Witness {ssa Sesay
6596. Witness Issa Sesay, senior RUF conunanderl4 875 and interim leader of the RUF from 2000 until disarmament in 2002,14876 testified that his appointment as Interim Leader of the RUF first came up at a meeting in the end of July 2000, which he was invited to via radio communication from Charles Taylor, acting on behalf of ECOWAS. Taylor told him that he
14871 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27191-27192. 14872 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27192-27193. 14873 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27196-27197, 27199-27200. 14874 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27205-27210. 14875 Issa Sesay, Transcript 26 July 2010, pp. 44590-44591, 44596 . 14876 Issa Sesay, Transcript 5 July 2010, pp. 43588-43589; Transcript 23 August 2010, p. 46883.
Case No.: SCSL-03-01-T 18 May 2012 ,40390 should travel to Monrovia with some of his colleagues because ECOW AS wanted to have a meeting with the RUF. Sesay took with a delegation with him. They spent the first night in Monrovia in the guesthouse, and then Joe Tuah came and brought Sesay and his entire delegation to the Executive Mansion where they met with Taylor and Presidents Obasanjo, 14877 Jammeh, Konare, and Eyadema.
6597 . Sesay testified that at the meeting the Heads of State each took a tum to speak, and the gist of their discussions was that they as ECOWAS leaders, who were the guarantors to the Lome Peace Accord, had decided that they were no longer going to work with Sankoh, because he did not respect anyone and did not want to implement the Lome Peace Accord, and that they, as leaders in the region , would not allow the Lome Accord to fail. For that reason, they said they deemed it necessary to change the leadership of Mr Sankoh. Obasanjo then proposed giving the leadership to Sesay based on his quick resolution ofthe UNAMSIL hostage situation, and Taylor agreed that "Issa is somebody who listens....1 believe that he will do the job that we will want him to do". Obasanjo then said, "Then it is better we give Issa the leadership", followed by support from Eyadema and Konare.14878
6598. Sesay testified that he responded to this proposal by saying:
this leadership that you want to give me now, I will ask of you to give me a week so that I will go back and consult with my fellow RUF people. I said because Mr Sankoh was operating over a divided loyalty, and I said it would not be good at this point,.. .ifyou make me interim leader and then I go back to Sierra Leone, then you hear that people have started attacking again, or we start attacking each other. ...what I want you to do, and the job you would want me to do, it would not be possible for it to happen. So I said they should give me time to go and inform my colleague RUF that this is the decision of the ECOWAS leaders. And ... number two, we as RUF who were here now, please allow us to write a letter so that you will send this letter to Mr Sankoh who is already under the custody of the Government ofSierra Leone. 14879
Obasanjo objected, saying that "Issa if we make you leader, we are the Heads of States of the region, who else will challenge your leadership?" But then Sesay testified that Eyadema said they should listen to Sesay, and that Sesay should write a letter that they would take to Sankoh.1488o
14877 Issa Sesay, Transcript 26 July 20 10, pp. 44548-44550. 14878 Issa Sesay, Transcript 26 July 2010, p. 44551. 14879 Issa Sesay, Transcript 26 July 20 10, p. 44552. 14880 Issa Sesay, Transcript 26 July 20 I0, p. 44552 .
Case No.: SCSL-03-01-T 18 May 2012 6599. Sesay testified that Gbao wrote the letter there in Monrovia, and that they informed Sankoh about the decision of ECOWAS concerning his appointment. They then they gave the letter to Obasanjo, who took it to Freetown with Konare. President Kabbah brought Sankoh to Lungi airport, and it was there that Obasanjo and Konare handed the letter over to him. Sankoh rejected the proposal, saying that he wanted the ECOWAS leaders to ask Mike Lamin to take over but both Obasanjo and Konare said no, and that the time for Sankoh to tell them anything whatsoever has alread y passed. The ECOWAS leaders wanted Issa, so Mr Sankoh was no longer in a place to tell them who they should appoint. Sesay heard about Sankoh's reaction from Obasanjo during the next time he met with him at RIA in August 2000.1488 1
6600 . After Sesay had given the letter to Obasanjo and Konare, he and the RUF delegation returned to Sierra Leone where he convened a meeting of commanders in Kono and informed them about what had happened at the Monrovia meeting, and of the decision taken by ECOWAS. During the meeting some of them suggested that Mike Lamin or Pa Rogers should take over as Interim Leader instead, but others also supported Sesay, as he was the one ECOWAS wanted. When the meeting ended Sesay had the most support, and a week later he left to return to Monrovia with only Gbao , Jonathan Kposowa, Samuel Jabba,
Patrick PS Binda, and Colonel Lion. 14882
6601. Sesay testified that after arriving at the guesthouse in Monrovia they were collected and taken to RIA, where he and the RUF delegation met with Obasanjo, Konare, Taylor, repres entatives of the ECOWAS heads of state who could not attend, and the press. At the meeting Taylor told Sesay about Sankoh's rejection of their suggestion, and said that they did not accept it, and wanted to know what the outcome of the meeting with Sesay and the RUF commanders was. Sesay explained that people had suggested him, Mike Lamin and Pa Rogers. Obasanjo then said they wanted Sesay as RUF Interim Leader and Taylor concurred. Konare said that they had given enough time to Sankoh and that they would not listen to him anymore, and that Sesay should become the leader. 14883
6602 . After that meeting ended, Taylor, Konare, and Obasanjo invited Sesay into a small conference room . They told Sesay that all of the ECOWAS leaders , including President
14881 Issa Sesay, Transcript 26 July 2010. pp. 4455 3, 44557-44558.
14882 Issa Sesay, Transcript 26 July 20 10. pp. 44554-44556; Transcript 2 August 2010, p. 45268 .
2299 Case No.: SCSL-03-01-T ~ 18 May 20 12 JJ1 Kabbah, supported Sesay becoming the Interim Leader. They also said that he was a young man, and should not make them ashamed of him, and that he should do whate ver they told him to. They gave him instructions, including that he should prepare to work with Sierra Leone in implementing the Lome Accord. 14884
6603. Sesay again testified that he was not appointed Interim Leader by Taylor alone, and that it was Obasanjo who first brought up the idea of his appointment.14885 He also testified that Exhibit 0-259, an RUF press communique issued on 21 August 2000 which recounted the events of the meeting at RIA, was drafted by Gibril Massaquoi, and that although it appears to be signed by him, he does not remember doing so. Sesay testified that even though the communique stated that the meeting was held in late August, it actually took place on 5 August 2000.14886
6604 . Sesay testified that contrary to the testimony of TFl-338, at the July 2000 meeting with Taylor and the ECOWAS heads of state in Monrovia, he did not object to the propo sal that Foday Sankoh be replaced as RUF leader. It was only Gbao who made this objection. Sesay also disputed the testimony of TFl-338 that Sam Bockarie was discussed at that meeting. Sesay testified that Bockarie's name "was not even menti oned in the entire discussion". Sesay also recalled in relation to this issue that after Bockarie resigned from the RUF and left to Monrovia, that Sankoh and Obasanjo went to Monrovia and "facilitated" a meeting with Bockarie. At the meeting they decided that Bockarie should stay in Monrovia in order to ensure that he would not obstruct the peace process in Sierra Lcone. 14887
6605. Sesay also disputed the testimony of TFI-338 in relation to the letter that Foday Sankoh sent to the August 2000 meeting at RIA, acceding to Sesay's interim leadership. Sesay testified that he did not hand the letter to Jabba, as TFl-338 testified, but rather to Kposowa, who read through it and said that Sankoh had written that he approved of ECOWAS's proposal that Sesay become the interim leader. Sesay also testified that he read Sankoh' s letter himself and that it did not instruct him to take orders from Taylor. Sesay further explained that when Kabbah testified at Sesay's trial, he recounted that at the
14 ~ 8 3 Issa Sesay, Transcript 26 July 20 10, pp. 44558-44560. 1 4 8 ~4 Issa Sesay, Transcript 26 July 20 10, pp. 44560-4456 1. 14885 Issa Sesay, Transcript 26 July 2010, p. 44562. 14886 Issa Sesay, Transcript 26 July 2010, pp. 44567-445 68. 14887 Issa Sesay, Transcript 2 August 2010, pp. 45256-45258.
2300 Case No.: SCSL-03-0 1-T / 18 May 20 12 meeting in Freetown with Sankoh, Kabbah first wrote the letter and asked Sankoh to sign it. Sankoh refused and said that he needed to write it so that his men would recognize his handwriting, which he did. The letter was then sent to RIA through Obasanjo. Sesay also testified that he believed it was impossible that Sankoh would have been allowed to write that Sesay should take instruction from Taylor. 14888
6606. When questioned as to whom he was supposed to take instruction from as RUF Interim Leader, Sesay testified that in that position he was not required to take instruction from anyone, just as Foday Sankoh as leader did not take instructions from anyone. Sesay further testified that at the meeting at RIA the ECOWAS leaders did not tell him to take instruction from anyone, they only advised him to work with the Government of Sierra Leone and the United Nations mission in Sierra Leone.14889
6607. Sesay was also questioned concerning the testimony of TFI-338 that after the August 2000 meeting at RIA Sesay returned to Lebanon, Koidu Town and showed the people the letter from Sankoh which stated that Sesay was to be the interim leader and that he should take instructions from Charles Taylor and not allow anyone to lead him into disarmament. Sesay testified that ifthese were the contents ofthe letter, Presidents Obasanjo and Konare would not have delivered it him, and President Kabbah would not have allowed his colleagues to bring a letter to Sesay instructing him not to disarm, especially as the disarmament was what all of the ECOWAS leaders were disturbing "their lives and their reigns ...to talk about". 14890
6608. Sesay also disputed the testimony of the Accused that Gibril Massaquoi was present at the August 2000 meeting at RIA, testifying instead that Massaquoi was not there. 14891
Defence Exhibit D-258
6609. Exhibit D-258 is a letter that Charles Taylor testified was written by Issa Sesay to the "Papay", Foday Sankoh, dated 1 August 2000.14892 It states in pertinent part that all of the
14888 Issa Sesay, Transcript 2 Augu st 2010, pp. 45267-45270.
14889 Issa Sesay, Transcript 2 August 20 10, pp . 45271-45272.
14890 Issa Sesay, Transcript 2 August 20 I0, pp. 45272 -45274. 14891 Issa Sesay, Transcnpt. 2 Augu st 2010, pp. 45271. 14892 Taylor testified that between the marking of the words "D ECISION" on the letter is the signature of Issa Sesay, and that he knows this because he was told that Issa signed the letter as Interim Leader. The Trial Chamber notes that it is unable to see whose signature is on the letter that was admitted into evidence. Charles
230 1 Case No.: SCSL-03-0 1-T / ISMay 2012 4'0 1 94 senior commanders and officers ofthe RUFP had met and come to a decision "that Brigadier General Issa Sesay will head the RUFP as interim leader until your return....We would like to inform you about such development and your advice and instruction, which will be carried out fully through the high command of the RUFP". The letter was signed "Your children of the revolution, signed on behalf of the high command of the RUFP", with the word "intrem" written below the signature. 14893
Defence Exhibit 0 -259
6610 . Exhibit 0-259 is an RUF press communique issued following a meeting on 21 August 2000 between the RUF High Command and Presidents Konare, Obasanjo, and Taylor. It states in pertinent part that the "meeting was a sequel to the one held in Monrovia on 26 July 2000 and the High command's letter dated 01 August 2000 to Chairman Foday Sankoh on developments connected with the peace process in Sierra Leone. His Excellancy President Obasanjo brought a hand written and signed reply to our letter addressed to Chairman Foday Sankoh. We are convinced that the letter, which confirmed Brig. Gen. Issa Sessay [sic] as the Interim Leader ofthe RUF, is authentic".14894
Defence Exhibit 0-263
6611 . Exhibit 0-263 is a letter from Monie R. Captan, the Liberian Foreign Minister, to United States Under Secretary of State Thomas P. Pickering, dated 17 August 2000. In this letter, Captan informed Pickering that "in keeping with consultations held among the Chairman of ECOWAS, the Chairman of the OAU, the Presidents of Liberia, Nigeria, and the Gambia in Monrovia on 26 July 2000; a new interlocutor and leader ofthe RUF has been proposed by the RUF Command through letter to the Chairman of ECOW AS".14895
Defence Exhibit 0 -264
Ghankay Taylor, Transcript 19 August 2009, pp. 27165-27167; Exhibit D-258, "Handwritten Letter from Issa Sesay to Foday Sankoh, August 1 2000". 14893 Charles Ghankay Taylor. Transcript 19 August 2009, pp. 27165-27167; Exhibit D-258, "Handwritten Letter from Issa Sesay to Foday Sankoh, I August 2000". 14894 Exhibit D-259, "Press Communique Issued by the Revolutionary United Front (RUF) following a meeting with H.E. Alpha Oumar Konare, President of Mali and Chairman of ECOWAS, H.E. Olusegun Obasanjo, President ofNigeria, and H.E. Dahkpannah Dr Charles Ghankay Taylor, President ofLiberia, 21 August 2000". 14895 Exhibit D-263 "Letter from President of Liberia, Charles Ghankay Taylor to Thomas Pickering, Under Secretary of State, Department of State, Washington, 17 August 2000", p. 2.
2302 Case No.: SCSL-03-01-T 18 May 20 12 Cf039 5
6612. Exhibit 0-264 is a letter from Charles Taylor to President William Clinton, dated 23 August 2000, in which he informs Clinton that "the RUF has announced a new leadership acceptable to ECOWAS.. .".14896
Deliberations
66 13. Th e Trial Chamber observes that the evidence presented by both the Prosecution and Defence concerning the appointment of Issa Sesay as Interim Leader of the RUF in August 2000 is substantially simil ar, even if there is disagreement over some points. Specifically, each of the witnesses testified that: 1) a meeting occurred on 26 Jul y 2000 at the Executive Mansio n in Monrovia between the heads of state of ECOWAS and an RUF delegation led by Issa Sesay, where Taylor was either in agreement with the other heads of state that Sesay should become the Interim Leader, or was himself responsible for first suggesting it;14897 2) Sesay would not accept the appointment without it first being approved by the RUF, including Foday Sankoh; 14898 3) Sesay held a meeting with the RUF commanders to discuss the appointment of a new interim leader;14899 4) a message was brought to Foday Sankoh by President Obasanjo from Sesay asking for his consent ;14900 and 5) a follo w-up meeting took place at RIA in Liberia in August 2000, where Sesay was confirmed as the RUF Interim Leader. 14901
14896 Exhibit D-264 , "Letter to the President of thc United States, H.E. Will iam Jefferson Clinton, from the President of Liberi a, Dahkpannah, Dr Charles Ghankay Taylor, 23 August 2000 ", p. 2. 14897 TF I-338, Transcrip t 2 Septe mber 2008, pp . 15147-1514 8; Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27 161-27 165; Issa Sesay, Transcript 26 July 20 10, p. 4455 1; Exhibit D-263 "Letter from President of Liberia, Charles Ghankay Taylor to Thomas Pickering, Under Sec retary of Sta te, Department of State, Washington, 17 August 2000" , p. 2; 14898 TF 1-338, Transcri pt 2 Septembe r 2008, pp . 15147-1 514 8; Charles Ghankay Taylor, Transc ript 19 August 2009 , pp. 27 161-27 165 ; Issa Sesay, Transcript 26 July 20 10, p. 44552. 14899 Witness TF I-338, T ranscript 2 Sep tember 2008, p. 1515 1; Charles Ghankay Taylor, T ranscript 19 Augus t 2009, pp. 27 165-27 167; Issa Sesa y, Transcript 26 July 20 10, pp. 445 54-44556; Exhi bit D-258, "Handwri tten Letter from Issa Sesay to Foday Sanko h, August I 2000". 14900 TF 1-338 , Transcript 2 Septemb er 2008, p. 15151 ;Charles Gha nkay Taylor, Transcript 19 August 2009, pp. 27 165-27 167; Issa Sesay, Transcript 26 Jul y 20 I0, p. 445 53,445 57-44 558; Exhibit D-258, " Handwritte n Letter from Issa Sesay to Foday Sankoh, Aug ust 1 2000;" Ex hibit D-259, "Press Co mm unique Issued by the Revolutionary United Fro nt (RUF) followi ng a meeting with H.E. Alpha Oumar Kon are , President of Ma li and Chairma n of ECOWAS ,H.E. .Oluseg un Obasanjo, President of Nigeria, and H.E. Dahkpannah Dr Charles Ghankay Tay lor, President of Liberia, Augus t 2 1 2000;" Exhibit D-263 " Letter fro m Pres ident of Liberia, Charles Ghankay Ta ylor to T homas Pic kering, Under Sec retary of State, Department of State, Washington , August 17 2000", p. 2. 1490 1 TF I-338, Transcript 2 September 2008, pp . 15152- 15154; Charles Ghankay Taylor, Transcript 19 Aug ust 2009, pp. 271 63-27168; Issa Sesay, Transcrip t 26 July 20 10, pp. 44558-44560; Exhibit D-259, "Press Communique Issu ed by the Revolut ionary United Front (RUF ) following a meeting with H. E. Alpha Oumar Konare , President of Ma li and Chairma n of ECOWAS, H.E .Oluseg un Obasanj o, President of Nigeria, and H.E.
2303 Case No. : SCSL-03-0 1-T 18 May 20 12 6614. The Trial Chamber will focus its deliberations on three points in dispute: 1) whether Sesay disagreed and refused to comply with a recommendation from Ta ylor that Bockarie be appointed as Interim Leader of the RUF ; 2) the extent of the invol vement of the other ECOWAS heads of state in appointing Sesay to Interim Leader of the RUF; and 3) whether Sankoh instructed that Sesay take instructions from Taylor.
6615. Concerning the first point in dispute, the evidence that the Prosecution presented to support the proposition that at the 26 Jul y 2000 meeting, Taylor recommended that Bockarie be appointed as the RUF Interim Leader, and that Sesay rejected this proposal, is the testimony of TF1 _33 8.14902 The Accused denied in his testimony that he made this recommendation.i''Y' and Sesay also denied that Bockarie's name came up at the meeting, explaining that at that time Bockarie was in Liberia because Obasanjo and Sankoh wanted to prevent him from derailing the peace process in Sierra Leone.14904 The Trial Chamber also recalls its finding that on 14 December 1999 Sam Bockarie left Sierra Leone to relocate to Monrovia at the instruction of the Accused, who made great efforts in conjunction with other ECOWAS members to remove him from Sierra Leone.14905 While the Trial Chamber also recalls its finding that TFl -338 is a generally credible witness,14906 the circumstances in this context make it unlikely, in the Trial Chamber's view, that the Accused would have suggested Bockarie for leadership ofthe RUF.
6616. Concerning the second point in dispute, the testimony of the witnesses indicates that the other ECOWAS heads of state were as involved as Taylor, if not more so, in selecting Sesay to take over as Interim Leader of the RUF at the 26 Jul y 2000 meeting. TF1-338 testified that at the 26 Jul y 2000 meeting President Jammeh said that it was Taylor who had invited the ECOWAS heads of state to come together with the RUF delegation to discuss the RUF taking on new leadership.14907 This suggests that it was a decision that was deliberated on by the attendees at the meeting, and not a unilateral decision by Taylor. The Accused testified that at the 26 Jul y 2000 meeting he and the ECOWAS leaders "threw around" the
Dahkpannah Dr Charles Ghankay Taylor, President ofLiberia, August 21 2000". See also Exhibit D-264, "Letter to the President of the United States, HE William Jefferson Clinton, from the President of Liberia, Dahkpannah, Dr Charles Ghankay Taylor, August 23 2000", p. 2.
14902 TFI -338, Transcript 2 September 2008, pp. 15147-15148.
I J903 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27 163-27168.
14Q04 Issa Sesay, Transcript 2 August 2010, pp. 45256-45258.
14905 Leadership and Command Structure: Accused Relationship with the RUF!AFRC, Sam Bockarie.
14906 Credibility Assessment, TF 1-338, paras 318-329.
2304 / Case No.: SCSL-03-01-T 18 May 20 12 idea that Sesay should be the RUF Interim Leader because Sesay was at that time the most senior officer of the RUF.14908 The Accused's testimony therefore also does not support the proposition that the suggestion of Sesay was a unilateral proposal that he made by himself.
6617. According to Sesay's testimony, Obasanjo first proposed that Sesay should take over the leadership based on his quick resolution of the UNAMSIL hostage situation, and Taylor then agreed , followed by Eyadema and Konare .14909 Sesay further testified that when Obasanjo and Konare took the letter to Sankoh informing him about the decision of ECOWAS confirming his appointment, Sankoh said he wanted Mike Lamin as leader instead. However, Obasanjo and Eyadema told Sankoh that he no longer could choose whom to appoint. 1491 0 The Trial Chamber notes, that President Obasanjo and Konare both met with Sankoh in Freetown, without the Accused present, indicating that this process was undertaken by ECOWAS heads ofstate collectively, rather than by the Accused unilaterally. Taylor then told Sesay at the meeting in August 2000 at RIA that Sankoh had rejected ECOWAS's suggestion, but that they were disregarding it, and asked for the outcome ofthe meeting that Sesay held with the RUF commanders. When Sesay told Taylor, Obasanjo and Konare that the RUF commanders had suggested him, Mike Lamin and Pa Rogers, Obasanjo responded that he wanted Sesay as Interim Leader followed by concurrences from Taylor and Konan~ .14 911 According to Sesay, the three leaders then invited him into a small conference room where they told him that his leadership had the support of all of the ECOWAS leaders, including President Kabbah.1491 2 The Trial Chamber finds that taken together, the evidence of TFI-338, the Accused and Issa Sesay shows that Taylor did not unilaterally select Sesay to be the Interim Leader of the RUF in July and August 2000, and that the ECOWAS leaders appeared to in tact have all had a say in the matter.
6618. Finally, the third point in dispute is whether in acceding to the appointment of Issa Sesayas RUF Interim Leader, Foday Sankoh also instructed Sesay to take instructions from Taylor just as Sam Bockarie had when he was RUF Interim Leader. The Prosecution relies on the testimony of TF 1-338, whose basis of knowledge was his recollection of the reading
14907 TFI-338, Transcript 2 September 2008, p. 15147. 14908 Charles Ghankay Taylor, Transcnpt. 19 August 2009, pp. 27161-27162 . 14909 Issa Sesay, Transcript 26 July 20 I0, p. 44551.
14910 Issa Sesay, Transcript 26 July 2010, pp. 44553,44557-44558. 14911 Issa Sesay, Transcript 26 July 2010, pp. 44558-44560.
14912 Issa Sesay, Transcript 26 July 20 I 0, pp. 44560-44561.
2305 / Case No.: SCSL-03-01-T 18May2012 14913 of Sankoh's letter by Sesay's adjutant at the RIA meeting in August 2000. The Accused disputed TFI-338 's testimony on this point, and testified that as Sankoh wrote the letter in question in front of Obasanjo, Konare, and Kabbah, they would have objected to him including such an instruction.1 4914 Sesay also disputed TFI-338's evidence on this point, arguing that Obasanjo, Konare and Kabbah would not have allowed a letter that included an instruction to follo w Taylor's instructions, as well as the instruction not to disarm, to reach Sesay.
6619. While Sesay did testify that Taylor, Konare and Obasanjo told him that as he was a young man, that he should not make them ashamed and that he should do whatever they told him to, 14915 he also testified his understanding ofhis position was that he was not required to take instructions from anyone else and that the ECOWAS leaders had not told him to take instructions from anyone, but advised him to cooperate with the Government of Sierra Leone and the United Nations mission in Sierra Leone.14916 The Trial Chamber recalls that President Kabbah was present when the letter was turned over by Sankoh, as well as Presidents Obasanjo and Konare. The Trial Chamber finds the argument that Kabbah and the other heads of state would not have allowed such a direction to be included in the letter from Sankoh to be compelling, particularly given Sankoh's weakened position with the ECOWAS leaders, who were willing to replace him as RUF leader without his input. For these reasons the Trial Chamber does not find this allegation to be sufficiently supported by the evidence for a finding beyond reasonable doubt.
Findings
6620. The Trial Chamber finds that the Prosecution failed to prove beyond reasonable doubt that at a meeting that took place in the Executive Mansion in Monrovia on 26 July 2000 with ECOWAS Heads of State present, the Accused proposed that Sam Bockarie take over as Interim Leader ofthe RUF and Issa Sesay rejected this proposal.
14913 TF 1-338, Transcript 2 September 2008, pp. 15155-15156. 14914 Charles Ghankay Taylor, Transcript 19 August 2009, pp. 27205-272 10. 14915 Issa Sesay,Transcript 26 July 2010, pp. 44560-44561. 14916 Issa Sesay, Transcript 2 August 20 I0, pp. 45271-45272.
2 306~ Case No.: SCSL-03-01-T 18 May2012 6621. The Trial Chamber finds that the Prosecution failed to prove beyond reasonable doubt that when lssa Sesay was appointed Interim Leader of the RUF, it was with the direction from Sankoh that he should take instruction from the Accused.
(e) Operations outside Sierra Leone
(i) RUF/AFRC against Mosquito Spray/LURD in Liberia, 1999
Submissions ofthe Parties
6622. The Prosecution alleges that throughout the conflicts in Liberia and Sierra Leone, Taylor made free use of his proxy forces, the RUF and later the AFRC/RUF.1491 7 More specifically, the Prosecution submits that, in 1999 and onwards, Taylor made fl-ee use of AFRC/RUF forces to assist him in his fight against Mosquito Spray and LURD forces that attacked his forces. Bockarie obeyed Taylor's order to send Taylor's proxy forces, AFRC/RUF fighters , to Liberia to reinforce Taylor's own Liberian subordinates to repel these attacks . During the fighting, the AFRC/RUF operated under the overall command of Taylor's Liberian subordinates. 1491 8
6623. The Defence submits that the Prosecution's evidence is highly suspect and contested.1491 9 Most importantly, however, even assuming arguendo that these allegations were true, the Defence submits that the fact that orders were allegedly issued and followed does not, ipso facto, establish effective control in this case where the Accused was a civilian leader in a different country altogether. In those instances, as established in international jurisprudence, traditional indicia of effective control are not enough. There is a need for objective evidence that the Accused had the material ability to exercise effective control. 14920
Evidence
Prosecution Witness TFI-375
149 17 Prosecution Final Trial Brief para. 383. 149 18 Prosecution Final Trial Briefparas 31, 385-387; See also para. 320. 149[ 9 Defence Final Trial Briefpara. 1293. 14920 Defence Final Trial Brief para. 1294
2307/ Case No.: SCSL-03-01-T 18 May 2012 6624. Witness TFI-375, an RUF fighter, 14921 testified that during the rainy season of 1999, Superman told him to go to Buedu with other RUF and AFRC fighters to take instructions from Bockarie about crossing the Liberian border in order to help the Liberian Government, who were having problems there. When the RUF/AFRC troops arrived in Buedu, Sam Bockarie called a muster parade of around 400-500 people and told them to cross over to Foya in order to repel Mosquito Spray's troops, which were attacking the AFL (Armed Forces of Liberia) from Guinea. After the muster parade, Bockarie sent these forces to Foya under the command of CO Eagle. The group was well-armed with AK-47s, RPGs, GMG and some 60 millimetre mortar and other weapons. When they arrived in Foya, the AFL soldiers under the command of Christopher Vannoh, Liberian Mosquito, started jubilating. 14922
6625. TFI-375 testified that the next day, Benjamin Yeaten arrived in a helicopter with Dopoe Menkarzon and some other Special Forces . Yeaten also called a muster parade during which he explained that the AFL and the RUF/AFRC should fight together to repel
Mosquito Spray's forces since they were "all fighting for the same goal". 14923
6626. TFI-375 stated that after the parade, Christopher Vannoh, CO Eagle, Benjamin Yeaten, Dopoe Menkarzon, Colonel Sheriff from Sierra Leone, and. other senior commanders planned the attack against Mosquito Spray's forces. The AFL, RUF and AFRC forces attacked the LURDin Kolahun and pushed them from Voinjama to Guinea .14924 After the LURD was pushed out of Liberia, the AFL deployed at the border, while TFl-375 and the RUF forces retreated to Voinjama. TFI-375 testified that during the operation, the RUF forces looted NGO cars, food, medicine and other items which the commanders used to enter into Sierra Leone. The cars were marked with UNDP, UNICEF and different NGOs · 14925 S19n5.
6627. TFI-375 testified that at the tirrie they moved to Liberia, CO Eagle was the overall boss ofthe RUF and AFRC combined forces but that, while in Liberia, Christopher Vannoh, an AFL Commander, was the overall commander of the operation against Mosquito Spray.
14921 TFI -375, Transcript 23 June 2008. p. 12485 .
1492 2 TFI -375. Transcript 24 June 2008. pp. 12617-12623; Transcript 22 August 2008. p. 14324; Transcript 27 August 2008, p. 14742. 14923 TF 1-375, Transcript 24 June 2008 , pp. 12617-12620. 14924 TFI -375, Transcript 24 June 2008 , p. 12622. 14925 -375 , Transcript 24 June 2008 . p. 12623.
2308 ~ Case No.: SCSL-03-01-T (J"€ 18 May 2012 J 40401 TFI-375 stated that Varmoh reported sometimes to Sam Bockarie or to the army headquarters about the ongoing operation. 14926
Prosecution Witness Abu Keita
6628. Witness Abu Keita, a former deputy chiefofstaff and commander ofULIMO-K who later became commander of the Scorpion Unit ,1 4927 testified that he participated in several RUF operations outside of Sierra Leone .14928 The first one, "Operation Mosquito Spray" took place in Liberia in August 1999, when the LURD's leader called "Mosquito Spray" and his troops attacked AFL forces in Foya and Voinjama, Liberia in order to remove Taylor from power. Keita testified that Benjamin Yeaten instructed Sam Bockarie to join the AFL, the Liberian police and the ATU, Taylor's palace guard, in attacking LURD 's forces invading Liberia. Issa Sesay and Morris Kallon also participated in the RUF effort. Keita testified that the AFLIRUF forces were successful and were able to repel the LURD from Kolahun and Voinjama.14929 During the attack against Mosquito Spray, the RUF used Small Boys Units.14930
6629 . Keita stated that the overall conunander of the operation on the field was Benjamin Yeaten, 1493 1 who provided the ammunition for the RUF 's operations against the LURD in Liberia and Guinea.14932 After the attack, Yeaten, Bockarie and the Liberian Defence Minister Daniel Chea flew by helicopter from Foya to Monrovia.14933
Prosecution Witness Karmoh Kanneh
6630. Witness Karmoh Kanneh, a senior commander in the RUF, 14934 testified that in MarchiApril 1998, Bockarie called Kanneh to Buedu and said that Taylor told him that ULIMO and LURD forces had invaded Lofa County. Sam Bockarie instructed Kanneh to
14926 Witness TFI-375 , Transcript 24 June 2008, p. 12622.
1492 7 Abu Keita, Transcript 22 January 2008, pp. 1953-1954; Transcript 23 January 2008, pp. 1970, 2000; Transcript 24 January 2008, pp. 2110, 2145. 14928 Abu Keita, Transcript 23 January 2008 , pp. 2045.
1492'1 Abu Keita, Transcript 23 January 2008 , pp. 2045-2048; Transcript 24 January 2008, p. 2139 . 14930 Abu Keita, Transcript 23 January 2008 , pp. 2058 .
14'131 Abu Keita, Transcript 23 January 2008, p. 2048 .
14932 Abu Keita , Transcript 23 January 2008, p. 2055 . 14'133 Abu Keita, Transcript 23 January 2008, p. 2055
14'134 Kannoh Kanneh, Transcript 8 May 2008 , p. 9390.
2309 ~ Case No.: SCSL-03-01-T 18 M,y 2012 ~ gather RUF forces and to attack LURD in Lofa County. Bockarie asked Issa Sesay and Morris Kallon to do the same in Kono.14935
6631 . Following Bockarie's instructions, Kanneh brought a platoon of 62 men to Buedu where they met other troops. There the troops were divided into two groups and instructed to attack from two flanks. Sam Bockari e and Kanneh attacked LURD forces in Foya town while other troops attacked them in Vahun. The attack was successful, forcing the LURD forces to retreat to Kolahun and Voinjama. After conquering Voinjama, Kanneh testified that the RUF troops received an order from Benjamin Yeaten to pursue the LURD to Guine a. According to Yeaten's order, Kanneh and his men chased the LURD forces to Bayalo in Guinea. While there, Yeaten ordered Kanneh and his men to burn the entire town. After burning Bayolo, Kanneh and his men retreated to Foya. Liberians troops remained in Foya.1 4936
6632. Kanneh testified that he, Bockari e and Yeaten took a helicopter in Foya to Monrovia. While in Monrovia, Kanneh and Bockari e lodged at Yeaten's place, White Flower, where they spent approximately three days.14937 While there, Bockarie told Kanneh that he was going to see Taylor with Yeaten. Kanneh did not go but when he came back, Bockarie told him that during the meeting Taylor promised them a "morale booster" and some ammunition. The day they left Monro via, Kanneh saw AK rounds and some RPG rocket s at Taylor's house. Kanneh also saw a bag ofmoney that Taylor gave to Bockarie to thank RUF forces for helping him clear the LURD forces from Lofa County. Subsequently, Kanneh and Bockarie took the same helicopter back to Foya where they met Issa Sesay, Morris Kallon and other RUF officers. 14938 RUF officers decided to use the money to buy drugs for the wounded soldiers. The ammunition was to be brought back to the RUF zone along with a large cache of ammunition captured during the Voinjama attack to be used in the war and distributed to various RUF commanders, including Karmoh Kanneh.1 4939
14935 Karmoh Kanneh, Transc ript 9 May 2008 , pp. 9458-9459 . 14936 Karmoh Kanneh, Transcript 9 May 2008, pp. 9459 -946 1.
14937 Karmoh Kanneh, Transcript 9 May 2008, pp. 946 1-9463; Transcript 13 May 2008, pp. 9641-9645 14918. Karmoh Kanneh, Transcnpt. 9 May 2008, pp. 9463-9467. 14939 Karmoh Kanneh, Transcript 9 May 2008, pp. 9467-9469; Transcript 13 May 2008, pp. 9649-9655.
2310./ Case No.: SCSL-03-01-T 18 May2012 Prosecution Witness TFI-338
6633. Witness TFI-338, an RUF member,I-I940 testified that in 1999, he was sent by Bockarie to meet Foday Sankoh, who was returning from the Lome Peace accords to Monrovia. While in Monrovia, TF 1-338 attended a meeting held at the sixth floor of the Executive Mansion, together with Taylor, Sankoh and Bockarie. During the meeting Taylor thanked Bockarie for "maintaining the RUF" while Foday Sankoh was away, and for securing Foya and Voinjama from the LURD rebels and he gave the RUF members $USDI5,000.14941
Prosecution Witness Augustine Mallah
6634. Witness Augustine Mallah, an RUF security officer,14942 testified that on an unspecified date between December 1998 and September 1999, he crossed over into Kolahun, Liberia with Bockarie where he fought with NPFL soldiers against ULIMO/LURD forces. 1-1 943
Prosecution Witness Mohamed Kabbah
6635 . Witness Mohamed Kabbah, an RUF radio operator,t494-1 testified that he went to Foya, Liberia, when the RUF troops went to fight the LURD in Kolahun following a LURD invasion of Liberia from Guinea. Once Kolahun had been captured by the AFLIRUF, Kabbah moved to Kolahun. While he was in Kolahun, the RUF recaptured Voinjama.14945
Prosecution Witness Alimamy Bobson Sesay
6636. Witness Alimamy Bobson Sesay, an AFRC officer,14946 testified that after the international media announced that Mosquito Spray's squad had invaded Liberia from Guinea to oust Taylor's government, he attended a meeting in Monrovia, together with
14940 TF \-338, Transcript \ September :2008, pp. \5085-\5086. 14941 TF\-338, Transcript I September 2008, pp. 15100-\510\,15\17-\5\18.
14942 Augustine Mallah, Transcript5 \2 November 2008, pp. 20092-200923, 20 \02-20 103; Transcript 13 November 2008, pp. 20209- 202\ O. 14943 Augustine Mallah, Transcript \ 7 November 2008, p. 20440; Transcript \8 November 2008 pp. 20506 20507. 14944 Mohamed Kabbah, Transcript 12 September 2008, p. \6\ 00. 14945 Mohamed Kabbah, Transcript \6 September 2008, pp. \6301-\6302.
14946 Alimamy Bobson Sesay, Transcript \7 April 2008, pp. 7865-7866 .
2311 / Case No.: SCSL-03-01-T ISM,y2012 J Johnny Paul Koroma, Taylor and other SLAs, during which Taylor told them that he had ordered Bockarie to come to Voinjama to repel Mosquito Spray 's forces from Liberia.14947
Prosecution Witness TFI-539
6637. Witness TFI-539 testified that after the Lome Accord, Issa Sesay left Kono for around two weeks when Mosquito Spray, the head of LURD (former ULIMO), attacked Foya in Lofa County, Liberia. TFI-539 stated that when the attack occurred, Sam Bockarie sent a message asking all the fighters that the RUF had in Kono to go to Liberia to repel ULIMO from Foya . TF 1-539 testified that this was an order from President Charles Taylor but that the RUF had an interest in helping him since it received everything from Liberia and that Mosquito Spray's attack had cut the supply route. 14948
Prosecution Witness TFI-516
6638. Witness TFI-516, an RUF radio operator,14949 testified that just before he left for Liberia in June/July 1999, he read in the RUF message logbook that "Bockarie's chief" Charles Taylor, instructed Bockarie to send RUF soldiers to Liberia to assist the AFL in repelling a rebel Liberian named Mosquito Spray, who had captured Voinjama. This operation named "Operation Vulture" was commanded by an RUF Commander named Colonel Olso. The operation was a success although LURD forces retreated to Guinea and continued to attack Voinjama from there. TFI-516 testified that during the operation, the RUF captured two vehicles belonging to NGOs in which they found radios. 14950
Prosecution Witness Varmuyan Sherif
6639. Witness Varmuyan Sherif, a former ULIMO-K fighter who became an officer in the SSS,14951 testified that LURD invaded Liberia in late 1998, early 1999. Sherif received information that LURD, led by Jamani Kamara and Sekou Damate Conneh, used Guinea to enter Lofa County through Foya in Liberia. Sherif testified that at this time, the Liberian
14947 Alimamy Bobson Sesay, Transcript 24 April 2008, pp. 8509-8510,8515-8516. 14948 TFI-539, Transcript 11 June 2008 , p. 11541. 14949 TFI-516, Transcript 8 April 2008, p. 6845.
14950 TFI-516, Transcript 8 April 2008, pp. 6872-6874, 6916; Transcript 9 April 2008, pp. 7047-7049 14951 Vannuyan Sherif, Transcript, 9 January 2008, pp. 806, 820, 834,836; Transcript 10 January 2008, pp. 940, 986-987 .
2312/ Case No.: SCSL-03-01-T 18 May 2011 ti) army had been disarmed by ECOMOG and was therefore lacking arms and ammunition to defend itselfagainst the LURD 's invasion.14952
6640. Vannuyan Sherif further testifi ed that RUF forces assisted the Liberian Government by fighting the LURD in Foya, Kolahun and Voinjama. RUF troops reported directly to Benjamin Yeaten, 14<)53 who reported to Taylor.14954 Abu Keita was one of the RUF commanders sent to assist the Liberian government to fight LURD.14955 Sherif further stated that at that time, during a meeting at White Flower, Taylor provided arms and ammunition to Benjamin Yeaten, who distributed them among the groups that fought in Lofa County.14956
Prosecution Witness TFI-371
664 1. Witness TFI-371 , a member of the RUF,1 4957 testified that in late December 1998, Christopher Vannoh and Dopoe Menkarzon came to Buedu to talk to Bockarie about organising a fighting force to give support to the ATV and AFL, who were under attack from LURD rebels in Lofa.1 4958
6642. TF I-371 further testifi ed that, while he was in Buedu and while the Freetown fighting was goin g on, there was serious fightin g between Taylor 's security forces and Mosquito Spray's LURD . Taylor and Yeaten requested Bockari e to instruct the RUF contingent based in Foya, at the bord er between Liberia and Sierra Leone, to support the Liberi an forces against the LVRD. Bockari e agreed and instructed the RUF Commanders in Foya, including Morris Kallon , to help the Liberian forces in repelling Mosquito Spray's troops. TFI-371 testifi ed that more than 200 RUF soldiers based in Foya at this time . . d i h . 14959 particip ate 10 t e operation.
14952 Vannuyan Sherif, Transcript 10 January 2008, pp. 1006-1007. 14953 Vann uyan Sherif, Transcript 10 January 2008, p. 898 ("RUF at that time, when they came into Liberian territory to help the governmen t they were reporting to Benjamin Yeaten directly"). 14954 Vann uyan Sherif, Transcript 10 January 2008, p. 897 ("All the militias were being supervised by him, Yeaten Q. And in this capacity who did Benjamin Yeaten report to? A. Benjamin Yeaten reported to Mr Taylor"). 14955 Varmuyan Sherif, Transcript 10 January 2008, p. 898; Transc ript 14 January 2008, p. 11 51. 14956 Vannuyan Sherif, Transcript 10 January 2008, pp. 899,906-908 14957 TF I-371, Transcript 29 January 2008, pp. 2555-2556 (CS). 14958 TF I-371, Transcript 28 January 2008, pp. 2425-2426 (CS).
14959 TFI-371, Transcript 28 January 2008, pp. 2433-2434, 2464-2465 (CS); Transcript 29 January 2008, p. 2513 (CS); Transcript 31 January 2008, pp. 2700 2703 (CS). See also TF I-37 1, Transcript 30 January 2008, p. 2672
23 13 Case No.: SCSL-03-0 I-T 6643. TFl -371 further testified that around March 1999, while the fighting against LURD intensified, Bockarie travelled to Monrovi a and came back to Foya with a shipment of materiel. 14960
Prosecution Witness Isaac Mongor
6644. Witness Isaac Mongor, a senior RUF commander, 14961 testified that in 1999, after the Freetown invasion and before the Lome Accord, the RUF participated in an operation in Liberia to fight "Mosquito Spray", which was fighting to remove Charles Taylor from power. Isaac Mongor did not participate himselfin this operation but Bockarie told him that the order to fight there came from Taylor, who told Bockarie to send RUF troops in the Lofa area in Liberia.14962
Prosecution Witness Albert Saidu
6645. Witness Albert Saidu, an RUF adjutant,14963 testified that while he was based in Komende in 1999, he heard that the LURD rebels invaded Lofa County in Liberia, trying to cut the supply line between the RUF and Liberian government. Sam Bockarie sent RUF troops to help the Liberian government forces fight the LURD forces, alongside the Liberian Government soldiers, to free up the supply route that would have been blocked if the rebels .had been allowed to settle there. Saidu testified that RUF soldiers were killed during the operation, including Mohamed GMG and Commander Komb a Gbundema.14964
Prosecution Witness Perry Kamara
6646. Perry Kamara, an RUF radio operator,1 4965 testified that after the retreat from Freetown in 1999, UU MO, which has changed its name to LURa, started attacking
(CS) (The rebel group was initially called Mosquito Spray before becoming LURD in 1999). 14960 TFI -37I, Transcript 31 January 2008, p. 2751 (CS); See Arms and Ammunition: Allegations of Direct Supply by the Accused, During Sam Bockarie's Leadership (February 1998-December 1999). 1496 1 See for example: Isaac Mongor, Transcript II March 2008, pp. 5749-5750, 5760-5764; Transcript 3 1 March 2008, pp. 6204-6206, 6224-6225; Transcript 3 April 2008, pp. 6512-6513, 6551-6556, 6613-66 15. 14961 Isaac Mongor, Transcript 31 March 2008, pp. 6163-6164.
14963 Albert Saidu, Transcript 3 June 2008, p. 10887; Transcript 4 June 2008, p. 10895. 14964 Albert Saidu, Transcript 5 June 2008 , pp. 11099-11102. 14965 Perry Kamara, Transcript 4 February 2008, p. 3039.
2314 / Case No.:SCSL-03-0 I-T ISMay'Ol' ~ Taylor's position from the Guinea border. Sam Bockarie sent troops to Liberia to tight them at Taylor's request. 14966
Prosecution Witness Dauda Aruna Fornie
6647. Witness Dauda Aruna Fornie, an RUF radio operator,14967 testified that while he was operating in Buedu from early 1998 until April 1999, there was a radio communication between Yeaten and Bockarie, in which Yeaten requested Bockarie to send reinforcements to the Voinjama, Kolahun area of Liberia to fight Mosquito Spray's troops. 14968
Prosecution Witness Dennis Koker
6648 . Witness Dennis Koker, an AFRC fighter, 14969 testified that while he was in Buedu in 1999, Bockarie gave him a car belonging to the NGG, "Action contre la faim", captured in Kolahun, in Lofa County, in order to paint the vehicle in camouflage colours. Koker testified that the RUF was in Kolahun to repel Mosquito Spray, who had attacked Lofa County. 14970
Prosecution Witness Witness TFI-567
6649 . Witness TFI-567, an RUF member, 14971 testified that, in 2000, he was in Monrovia when Mosquito Spray's LURD forces entered Liberia from Guinea in an attempt to overthrow Taylor's government before being expelled. 14972
Prosecution Witness Corinne Dutka
6650. Corinne Dutka, a witness who gave evidence on the human rights situation in Sierra Leone and Liberia,14973 testified that the RUF factions based in Kailahun District were involved in responding to the April 1999 fighting in Lofa County, commonly known as
14966 Perry Kamara, Transcript 6 February 2008, pp. 3273-3274.
14967 Dauda Aruna Fomi e, Transcript I December 2008, p. 21395; Transcript 2 December 2008, p. 21418 . 14968 Dauda Arona Fornie, Transcript 2 December 2008, pp. 21488-21490 ("Even though there was a sat phone communication, by the time that we had our communication in Buedu those communications used to go on, because I can even recall some time when during the Mosquito Spray operation when it initially started I remember there was a communication between Benjamin Yeaten and Mosquito for Mosquito to send reinforcement across to Liberia in Kolahun, Voinjam a area, to go and fight against Mosquito Spray - Mosquito Spray's fighters". 14969 Dennis Koker, Transcript 15 January 2008, p. 1236. 14970 Dennis Koker, Transcript, 15 January 2008, pp. 1278-1279. 14971 TFI-567, Transcript 2 July :W08, p. 12833 (PS).
14972 TF 1-567, Transcript 7 July 2008, pp. 13106-13107 .
2315 Case No.: SCSL-03-01-T 18May2012 J '/