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Case No. SCSL-2003-01-T the PROSECUTOR of the SPECIAL COURT V. CHARLES GHANKAY TAYLOR WEDNESDAY, 16 JANUARY 2008 9.30 A.M. TRIAL

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Case No. SCSL-2003-01-T the PROSECUTOR of the SPECIAL COURT V. CHARLES GHANKAY TAYLOR WEDNESDAY, 16 JANUARY 2008 9.30 A.M. TRIAL Case No. SCSL-2003-01-T THE PROSECUTOR OF THE SPECIAL COURT V. CHARLES GHANKAY TAYLOR WEDNESDAY, 16 JANUARY 2008 9.30 A.M. TRIAL TRIAL CHAMBER II Before the Judges: Justice Julia Sebutinde, Presiding Justice Teresa Doherty Justice Richard Lussick Justice Al Hadji Malick Sow, Alternate For Chambers: Mr Simon Meisenberg Ms Carolyn Buff For the Registry: Ms Rosette Muzigo-Morrison Ms Rachel Irura Mr Vincent Tishekwa For the Prosecution: Ms Brenda J Hollis Mr Mohamed A Bangura Mr Christopher Santora Ms Maja Dimitrova For the accused Charles Ghankay Mr Terry Munyard Taylor: Mr Morris Anyah CHARLES TAYLOR Page 1341 16 JANUARY 2008 OPEN SESSION 1 Wednesday, 16 January 2008 2 [Open Session] 3 [The accused present] 4 [Upon commencing at 9.30 a.m.] 5 MS IRURA: The Special Court for Sierra Leone is sitting 6 for a hearing in the case of the Prosecutor versus Charles 7 Ghankay Taylor, Justice Julia Sebutinde presiding. 8 PRESIDING JUDGE: Good morning. If we could begin with the 9 appearances, please. 09:29:51 10 MS HOLLIS: Good morning, Madam President and your Honours. 11 Brenda J Hollis, Mohamed A Bangura, Christopher Santora and Maja 12 Dimitrova appear this morning for the Prosecution. 13 PRESIDING JUDGE: Thank you, Ms Hollis. 14 MR MUNYARD: Good morning, Madam President, and your 09:30:10 15 Honours. I, Terry Munyard, and Morris Anyah appear for 16 Mr Taylor. 17 PRESIDING JUDGE: Thank you. Mr Anyah, I think we were 18 going to proceed with the cross-examination of witness TFI-114, I 19 believe? 09:30:29 20 MR ANYAH: Yes, your Honour. 21 PRESIDING JUDGE: 114. Before you do go ahead, though. 22 Mr Witness, I just wish to remind you that we are going to 23 continue with your testimony this morning and that you took an 24 oath yesterday to tell the truth and so I am just reminding you 09:30:46 25 that you are under that obligation today. Is that clear? 26 THE WITNESS: Okay. Good morning to you all. 27 PRESIDING JUDGE: Good morning, Mr Witness. 28 MR ANYAH: Good morning, Mr Koker. 29 PRESIDING JUDGE: Please proceed. SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 1342 16 JANUARY 2008 OPEN SESSION 1 MR ANYAH: Thank you, your Honour. 2 THE WITNESS: Thank you, chiefs. 3 WITNESS: TF1-114 [On former oath] 4 CROSS-EXAMINATION BY MR ANYAH: [Continued] 09:31:03 5 MR ANYAH: 6 Q. Mr Koker, yesterday when we left off I believe we were 7 going through some of the events in Koidu and I would briefly 8 like to revisit some of the issues we talked about yesterday 9 today. Speaking about Kono District and "Operation No Living 09:31:27 10 Thing", you mentioned yesterday, correct me if I am wrong, that 11 civilians were captured and you included boys and girls. Is that 12 correct? 13 A. Yes. 14 Q. And they were captured to undertake what you called 09:31:49 15 carrying of loads. True? 16 A. The adults were carrying the loads, not the children. That 17 is how it happened. 18 Q. There were other things you said happened to civilians 19 besides the carrying of loads, but I don't wish to trouble you 09:32:14 20 about that now. What I want to know is this. Was there a 21 command from some of the commanders above to the foot soldiers to 22 capture civilians? 23 A. What do you mean by commander and ordinary soldier? A 24 soldier is a commander. There are commanders amongst soldiers. 09:32:49 25 Commanders and soldiers as well go to the war front. I would 26 like to tell you that as you asked me yesterday to continue 27 saying the truth, that is what I am saying. 28 PRESIDING JUDGE: It appears there is a misunderstanding in 29 the interpretation. What you are responding to is not what SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 1343 16 JANUARY 2008 OPEN SESSION 1 counsel asked. Counsel, would you please redirect your question. 2 MR ANYAH: Yes, your Honour. 3 PRESIDING JUDGE: And, Mr Interpreter, I am requesting you 4 again interpret accurately so that the witness can understand the 09:33:25 5 question, not misunderstand. Is that clear, Mr Interpreter? 6 Mr Interpreter? 7 THE INTERPRETER: Your Honours, the person interpreting 8 into Mende cannot talk to you because the mike is not channeled 9 that way. He cannot talk to you. 09:33:44 10 PRESIDING JUDGE: [Microphone not activated] you can 11 interpret so I can understand if he has understood. 12 THE INTERPRETER: Yes, your Honours, but it is not in the 13 same booth and I am not talking to the witness. 14 PRESIDING JUDGE: Please interpret what I have said to the 09:33:57 15 Mende interpreter, if you can. 16 THE INTERPRETER: I cannot, your Honours. He is getting 17 you, but I cannot get on to him and he cannot reply, your 18 Honours. That is the way the channels are. 19 PRESIDING JUDGE: Okay. Mr Anyah, please ask your question 09:34:11 20 again and let us see if we can progress. 21 MR ANYAH: Yes, your Honour: 22 Q. Mr Koker, my question is this. 23 A. Yes, sir. 24 Q. Was there a command from the higher-ups, the top people in 09:34:24 25 the RUF or AFRC in Kono, to the lower soldiers to capture 26 civilians? 27 A. Yes. 28 Q. Are you absolutely sure about that, Mr Koker? 29 A. I am sure. SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 1344 16 JANUARY 2008 OPEN SESSION 1 MR ANYAH: Well, your Honours, I will be referring to tab 2 6, if it please the Court, and this is from the bundle of 3 documents that we tendered yesterday. The ERN number of the page 4 to which I will be referring is 00034391. It is otherwise 09:35:46 5 paginated as page 6 at the bottom right-hand corner and I will be 6 reading from the middle of the page where it starts out saying 7 "Paragraph 2 of 13 04 05": 8 Q. Mr Koker, you spoke - your Honour, may I proceed? 9 PRESIDING JUDGE: Yes, please. 09:36:26 10 MR ANYAH: Thank you, your Honour: 11 Q. Mr Koker, you spoke with the Prosecution on May, 21 2007 12 and they took notes of their conversation with you and I want to 13 read you some of that conversation. It says in the relevant 14 part: 09:36:46 15 "The witness said he saw civilians being captured by both 16 the RUF and AFRC soldiers. These civilians include men, women 17 and children. The ages of children were between 12 and 15 years 18 old. The witness states that the capturing of civilians took 19 place in Kono District; these incidents took place in the areas 09:37:17 20 occupied by the RUF and AFRC soldiers. This was the first week 21 of February 1998. The witness said these civilians were captured 22 to be used as labour to transport on their heads looted 23 properties of RUF and AFRC soldiers. The witness states that the 24 capturing of civilians was not an order he heard being given by 09:37:49 25 commanders. But it was a common practice by every fighter, 26 junior and senior commanders to capture civilians". 27 Mr Koker, that is what you said on 21 May 2007 to the 28 Prosecution, isn't it? 29 A. Yes, that is true and that is what happened. SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 1345 16 JANUARY 2008 OPEN SESSION 1 Q. Thank you. 2 A. Yes, thank you too. 3 Q. Yesterday we spoke about events in Masiaka. Do you 4 remember that? 09:38:28 5 A. Yes. 6 Q. And in Masiaka as well yesterday you said civilians were 7 forcefully captured, is that true? 8 A. Yes. 9 Q. And you also said in respect of Kailahun District yesterday 09:38:45 10 that civilians were also forcefully captured, true? 11 A. Yes. 12 Q. For the record Masiaka is in Bombali District of Sierra 13 Leone, is it not? 14 A. Masiaka is not in the Bombali District. It is in the 09:39:10 15 Tokolili District. 16 Q. In which district of Sierra Leone is Makeni? 17 A. Makeni is Bombali. 18 Q. How far is Masiaka from Bombali? I am sorry, from Makeni? 19 A. I am not a driver. I cannot give you the distance. 09:39:36 20 Q. So, you do not know the distance. Is that your evidence? 21 A. Yes, sir. 22 Q. Thank you. I put it to you, Mr Koker, that with respect to 23 Kailahun District the capturing of civilians was also not 24 precipitated or caused by any order from any top commander. Do 09:39:56 25 you agree? 26 A. No, I don't. 27 Q. I will come back to that. Yesterday you spoke of being an 28 overseer of prisoners of war, did you not? 29 A. Yes. SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 1346 16 JANUARY 2008 OPEN SESSION 1 Q. And this was when you were in Kailahun District in Buedu, 2 true? 3 A. Yes. 4 Q. And at a particular point in time there came to be some 09:40:49 5 Nigerian soldiers in your custody, correct? 6 A.
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