government, or other radio operators knowin g about it.5892 However, Yeaten had ordered Sunlight to permit Jungle to come to his home from that point on.5893 Yeaten had also told Sunlight that his relationship with Sam Bockarie was a secret, and that neither the President, nor the government of knew about it.5894 Upon arriving to use the radio, Jungle gave Sunlight the RUF 's frequency or call signa1. 5895 Jungle then connected to Buedu, and 5896 communicated with Sellay, the RUF 's chief radio operator assigned to Bockarie, in KriO. The witness testified that Jungle came to Yeaten's house a few more times after that occasion to use Sunlight's radio to connect to Sellay in Buedu. 5897

2690. Following the first time Jungle came to use the radio, he returned with Sampson to use the radio again . Sellay, in Buedu , connected him to "the Brother", who was Sam Bockarie.5898 The men spoke in Krio, and Sunlight did not understand, but Jungl e told Sunlight that Bockarie had said that they were running out of food and that he, Jungle, should give the message to Yeaten and Musa Cisse in order for them to assist Bockarie with food.5899 Jungle came again a week after the second time and told Sunlight that Bockarie wanted to see him at the Young Women's Christian Association and subsequently, Sunlight, Sampson and Jungl e went there, where Jungle introduced Sunlight to Bockarie.59OO The witness testified that Jungle did not transmit any messages on behalf of Yeaten.590 1 On occasion in late 1998, Sellay radioed to Base I looking for Jungle when Jungle was not around. On one occasion, Sellay asked Sunlight to tell Jungle that Bockarie wanted Jungle to

5892 OCT-008, Transcript 24 August 20 10, pp. 47040-47041, 47048: Transcript 27 August 2010, p. 47374; Transcript 1 September 2010, pp. 47696, 47706; Transcript 2 September 2010, p. 47799; Transcript 7 September 2010, pp. 48 132, 48 136-48 139, 48 14 1-48 142, 48 149, 48161. 5893 OCT-008, Transcript 24 August 2010, p. 47049; Transcript 30 August 20 I0, p. 47416. 5894 OCT-008, Transcript 24 August 20 10, p. 47047 . 5895 OCT-008, Transcript 24 August 20 10, pp. 47036-47037,47042; Transcript 27 August 2010, p. 47379; 30 August 20 10, p. 47485; Transcript 7 September 20 10, pp. 48166-48167. 5896 OCT-008, Transcript 24 August 20 10, pp. 47042-47043, 47046 , 47048; Transcript 30 August 20 10, pp. 47485-47486; Transcript 3 September 20 10, p. 47906; Transcript 7 September 20 10, pp. 48146, 48148-48149, 48157-481 58,48161-48163. 5897 OCT-008, Transcript 24 August 20 10, p. 47048. 5898 OCT-008, Transcript 24 August 2010, p. 47048; Transcript 27 August 2010, pp. 47394-473 95,47397. 5899 OCT-008, Transcript 24 August 2010, p. 47049: Transcript 27 August 2010, pp. 47394-47395, 47397; Transcript 30 August 2010, p. 47409. 5900 OCT-008. Transcript 24 August 2010. pp. 47050-47052, 47054; Transcript 27 August 20 10. pp. 47370­ 47371. 5901 OCT-008, Transcript 27 August 2010. p. 47396.

Case No.: SCSL-03-0 1-T 18 May201 2 go to Pa Musa to inform him that they needed food. Sunlight gave Jungle the message and Jungle then 1eft.5902

2691. The witness knew that Jungle had been a member ofthe RUF since the beginning of the RUF, but did not know how he became a member.5903Jungle was not a senior security to Charles Taylor,5904 and the witness never saw or heard of any movement of Jungle into under Yeaten 's instruction or by himselfafter Bockarie's entry into Liberia.5905

2692. During cross-examination, the witness testified that he knew onl y one Daniel Tamba.5906 The witness said that Jungle was able to enter the Executi ve Mansi on under the "protective wings" of Sampson Wehyee and that it was common for SSS officers to bring other people.5907

Defence Witness John Vincent

2693. John Vincent, an RUF member,590s identified Dani el Tamba (a.k.a. Jungle) in exhibit P_045A.5909 In 1998, on the day of the Waterworks meeting near Buedu, the witness met Jungle for the first time in Buedu at Jungle's house, and Vincent was "made to understand that Jungle was always in and out" of Liberia and Sierra Leone.5910

Prosecution Exhibit P-045A-B

2694 . Exhibit P-045A is a photograph depicting three men. 59!! Exhibit P_045B59! 2 is a photocop y of the same photograph as P-045A with identifications ofthe man on the left-h ad side of the photo as Zigzag Marzah, the man in the middl e as "Daniel Jungle" and the man on the right as Abu Keita.

5902 DCT-008, Transcript 27 August 2010, p. 47397; Transcript 3 September 2010, pp. 47905-47906. 5903 DCT-008, Transcript 31 August 2010, p. 47575. 5904 DCT-008, Transcript 2 September 2010, p. 478 18 (PS). 5905 DCT-008, Transcript 31 August 2010, p. 47624. 5906 DCT-008, Transcript 6 September 2010, pp. 47949, 48028 (PS). 5907 DCT-008, Transcript 7 September 20 10, pp. 48137, 48139-48141. 5908 John Vincent, Transcript 26 March 2010, pp. 38107, 38114-38116,38118,38137, 38 145; Transcript 30 March 20 10, pp. 38226, 38239; Transcript 31 March 2010, p. 38390, 38408, 38460, 3846 1. 5909 Exhibit P-045A, "Photograph 38533"; John Vincent, Transcript 26 March 2010, pp. 38106, 38109 ; Transcript 30 March 20 10, p. 38260; Transcript 31 March 2010, pp. 38451-38452. 59 10 John Vincent, Transcript 26 March 20 10, p. 38110; Transcript 30 March 20 10, p. 38260. 59 11 Exhibit P-045A, "Photograph 38533". 59 12 Exhibit P-045B "Photograph 385 19".

915 Case No.: SCSL-03-0 1-T 18 May 2012 Prosecution Exhibit P-068

2695. Exhibit P-068 is a confidential photographic exhibit.5913

Prosecution Exhibit P-153 A

2696. Exhibit P-153A is a photograph of a man wearing a red t-shirt, camouflaged vest, a camouflaged hat and holding an automatic gun. There are several other men in the background of the photo.5914

Prosecution Exhibit P-153B

2697. Exhibit P-153B is a photograph depicting three men.5915

Prosecution Exhibit P-163

2698. Exhibit P-163 is a photograph of two men sitting on a sofa. The man on the left-hand side is identified as "Col. Jungle" and the man on the right-hand side is identified as "Gen. Issah Sesay".5916

Prosecution Exhibit P-069

591 2699. Exhibit P-069 is a confidential photographic exhibit. ?

Prosecution Exhibit P-600C

2700. Exhibit P-600C is a photograph marked, signed and dated by Sam Kolleh. The photo depicts three men, one of whom is labelled "", and a second man is labelled "bodyguard" .5918

Defence Exhibit 0-316

270 I. Exhibit 0-31 6 is entitled "Assignment Roster, Republic of Liberia, Special Security Service, Executive Mansion, , Liberia".591 9 It is dated 9 November 2001. The

59 13 Exhibit 1'-068 (confidential). 59 14 Exhibit P-153A,"Photograph 1'672". 59 15 Exhibit P-153B, "Photograph 1'772".

59 16 Exhibit 1'-163,"Photograph 29865 (Marked by TF l-388)". 5917 Exhibit 1'-069 (confidential).

59 18 Exhibit P-600C, "Photograph 3 Marked, Signed and Dated by DCT-I02".

916 Case No.: SCSL-03-01-T / 18 May 20 12 document is addressed to "U-50", who the Accused testified was Unit 50, meaning , the director of the SSS.5920 The document was submitted by the Deputy and Assistant Director's ofAdministration, the Deputy Director of Operations and the Chief ofProtective Services ofthe Liberian Government.V" and offers recommendations for "out­ station assignments" tor military personnel.592 2 The name Daniel Tamba appears once as a "2/Lt.", under the heading "Assignment, Presidential Advance Team".5923

Deliberations

2702. The parties generally agree, and the evidence clearly establishes, that Daniel Tamba (a.k.a. Jungle) was a Kissi-Liberian, who was a member ofthe NPFL until about 1992 when ULIMO pushed the NPFL from Lofa County. Jungle was part of a group of NPFL soldiers who then joined the RUF and remained with them until about 1994.5924 TFI-168 testified that Jungle was an NPFL member in 1993, and later became a "trusted member ofthe RUF". Although the parties dispute Tamba's whereabouts and activity from about 1994 to 1996,5925

5919 Exhibit 0-316, "Assignment Roster, Republic of Liberia, Special Security Service, Executive Mansion, Monrovia, Liberia, November 9 200 I". 5920 Exhibit 0-316,"Assignment Roster, Republic of Liberia, Special Security Service, Executive Mansion, Monrovia, Liberia, Novembe r 9 200 I", p.l ;Charles Ghankay Taylor, Transcript 31 August 2009, pp. 27979­ 27986. 592 1 Exhibit 0 -316, "Assignment Roster, Republic of Liberia, Special Security Service , Executive Mansion, Monrovia, Liberia, November 9 2001", p. 15. 592::! Exhibit 0-316, "Assignment Roster, Republ ic of Liberia, Special Security Service , Executive Mansion, Monrovia, Liberia, November 9 200 I", p. I. 5923 Exhibit 0-316,"Assignment Roster, Republic of Liberia, Special Security Service, Executive Mansion, Monrovia, Liberia, November 9 200 I", p. 4. 5924 Kannoh Kanneh, Transcript 8 May 2008, p. 9357; TFI-371, Transcript 28 January 2008, pp. 2372-2374 (CS); TFI-168, Transcript 21 January 2009, pp. 23243-23245 (CS); Transcript 22 January 2009, p. 23282 (CS); Transcript 26 January 2009, pp. 23534-23535 (CS); TFI -567, Transcript 2 July 2008, p. 12890; Suwandi Camara, Tran script II February 2008, pp. 3509-3512 , 3533-3536; Abu Keita, Transcript 23 January 2008, pp. 1991-1992; TF 1-585, Transcript 5 September 2008, pp. 15606-15607; Jabaty Jaward, Transcript 9 July 2008, pp. 13353-13354, 13357; Transcript 10 July 2008, pp. 13387- 13388; Transcript 14 July 2008, p. 13642; Transcript 15 July 2008, p. 13758; Transcript 16 July 2008, p. 13823-13825,13830-13831 ; TFI-367,Transcript 20 August 2008, pp. 14126-14129; Transcript I September 2008, p. 150II; Transcript 29 August 2008, p. 14987; Isaac Mongor, Transcript 10 March 2008, pp. 5682-5683, 5687; Transcript II March 2008, pp. 5782-5784; Transcript 2 April 2008, pp. 6486, 6504; Transcript 3 April 2008, p. 6508; TF 1-516, Transcript 8 April 2008, pp. 69 14­ 6915, 6951-6952; Transcript 9 April 2008, p. 7128; Transcript 16 April 2008, pp. 7780-7782; Mustapha Mansaray, Transcript 5 march 2008, pp. 5296-5298; John Vincent, Transcript 26 March 2010, pp. 38109, 38112; Transcript 31 March 20 I0, p. 38414; Sam Kolleh, Transcript 1 November 20 I0, pp. 48385, 48427, 48500 ; Transcript 4 November 2010, p. 48748; Issa Sesay, Transcript 6 July 2010, pp. 43799, 43802-43804, 43808; Transcript 8 July 2010, p. 44100 ; Transcript 27 July 20 10, pp. 44792, 44797-44798; Transcript 29 July 20 10, pp. 44966,45021 (PS); Transcript 2 August 2010, p. 45184 ;Transcript 4 August 2010, p. 45405 . 5925 The Defence alleges that in 1994-1995, Tamba fought with the RUF in Sierra Leone , and in May 1996 Bockarie sent him to Cote d'lvoire where he remained, apart from a detour to to request financial support for the Cote d'I voire delegation in 1997, until the Intervention in February 1998. In mid-1998 Tamba returned to Sierra Leone as a station commander in Kono. In July 1998 he returned to Bockarie, to whom he

Case No.:SCSL-03-0 1-T 18 May 20 12 59tJ/o the Trial Chamber considers a finding on that dispute to be unnecessary for purposes of the Prosecution's submissions.

2703. In considering Jungle's relationship to the Accused from 1997, the Trial Chamber notes the multiple characterisations and descriptions retlected in the witnesses's testimony about Jungle's role or position. Many Prosecution witnesses, including Fornie, Mallah, Mongor, TFI-371 and TFI-375, testified that Jungle was a liaison between the RUF and the NPFL. TF 1-579 even referred to Jungle as the "chief liaison" between the RUF and NPFL, although he characterised him as an RUF member. Witnesses Karmoh Kanneh and TF 1-539 characterised Jungle as a "representative" of the Accused or the Liberian government, and TF 1-579 testified that he was present in meetings with RUF commanders where Jungle was referred to before those congregated as the Accused's representative. Albert Saidu testified that at one meeting, Jungle sat at a "high table" and addressed the meeting, stating that he was there to tell them that the relationship between the RUF and AFRC was recognised by Charles Taylor.

2704. The Trial Chamber recalls its findings that Albert Saidu is a generally credible witness 5926 while the evidence of both TF 1-539 and TF 1-579 must be treated with caution and requires corroboration.5927 With regard to Karmoh Kanneh, the Trial Chamber considers that he provided generally clear, calm and well-organised evidence and openly admitted when he did not know the answer to questions. 5928 When confronted by prior inconsistent statements on cross-examination, the Trial Chamber found Kanneh's testimony to be largely consistent and observed that he was candid about failures on his part to provide corrections to his prior statements.5929 There were occasions on which the witness appeared to experience difficulty under cross-examination in answering Defence Counsel's questions but the Trial Chamber considers that this was as a result of confusion about the nature of what was being asked rather than an attempt by Kanneh to evade the question. 593o Similarly, the

reported henceforth. The Trial Chamber notes that the Defence challenges the evidence that Tamba was in Kenema during the Junta period (Defence Final Trial Brief. paras 1060-1061. 1093). Issa Sesay testified that Tamba did not enter Liberia from 1992 to 1996 (Issa Sesay, Transcript 6 July 2010, p. 43803) . 5926 Credibility Assessment. Albert Saidu, Pre-Indictment Period (1988- 1996), para. 2384.

5927 Credibility Assessment, TFI-539, paras 296-303; Credibility Assessment, TFI-579, paras 339-345. 5928 See for example Karmoh Kanneh, Transcript 8 May 2008, pp. 9351.9356-9357. 9379-9380,

5')29 See for example Karmoh Kanneh, Transcript 12 May 2008. pp. 9544-9547, 9587-9590 ; Transcript 13 May 2008, pp. 964 1-9645. 5930 See for example Karmoh Kanneh , Transcript 13 May 2008, pp. 967&-9679.

Case No.: SCSL-03-01-T 18May2012 390//

Trial Chamber does not find Kanneh's occasional confusion regarding specific dates5931 detrimental to his overall credibility. Moreover, the Trial Chamber notes that the majority of Kanneh 's evidence was corroborated by other witnesses. The Trial Chamber therefore finds Karmoh Kanneh to be generally credible and will consider further issues relating to his credibility in context as they may arise.

2705. The Trial Chamber notes that a number of witnesses testified that Jungle was an NPFL turned RUF member, or that he was at times both an NPFL or Special Security Services member and an RUF member. Mohamed Kabbah, whom the Trial Chamber has found to be a credible witness, 5932 testified that Jungle was an RUF member during the Intervention, not a liaison or an SSS member; however, the Trial Chamber notes that his basis for concluding that Jungle was an RUF member was Jungle's constant movement between the RUF and the Accused's mansion with "information and ammunition". TFl -539, who testified that Jungle was an SSS member, and a representative of the Liberian government, also referred to him has "one of Bockarie's men". TFI-579 testified that Jungle possessed an SSS identification card and that he received pay as an SSS; however he later testified that "Jungle was one of Mosquito's main men" and an RUF member. TFI-579 explained that around 1998 the RUF and NPFL were like "one". The Trial Chamber does not consider that witness testimony characterising Jungle as both RUF and later, or simultaneously, an SSS member to be contradictory, but rather a retlection ofthe perception that he was tied closely to both the RUF and the Accused. By virtually all accounts , Jungle was constantly back and forth from Sierra Leone to Liberia.

2706. Witnesses TFI-579, Fornie, Keita, TFI-585, Jaward, Mallah, TFI-539, Mongor and TFI-375 all testified explicitly that Jungle worked for the Special Security Services of the Accused, a Liberian governmental agency under the direction of Benjamin Yeaten. TF 1-367 testified that Jungle was "Taylor's bodyguard and a friend of the RUF", who later joined the "Special Security Unit" (SSU), and that Jungle wore the SSU's "special black uniform".5933 Kanneh testified that prior to being appointed as the Accused's representative, Jungle was an NPFL member,5934 and TFI-371 testified that Jungle was part of the Accused's "senior

593 1 See Karmoh Kanneh, Tran script 8 May 2008, p. 9393; Transcript 13 May 2008, pp. 9600-960 I, 9678 regarding the date of the meeting at which the Fitti-Fatta Operation was announced. 5932 Credibility Asse ssment, Mohamed Kabbah, paras 334-338 .

5933 TFI-367, Transcript 20 August 2008 , pp. 14126,14129-14130,14133.

59.14 Kannoh Kanneh, Transcript 13 May 2008 , pp. 966 1-9673.

9 19 Case No.: SCSL-03-0 1-T / 18 May 2012 security".5935 TFI-567 saw Jungle sometime after April 1998 wearing blue/black overalls with SOD written on them, and Jungle told him that SOD stood for "Special Operations Division".5936 TFI -516 referred to Jun gle as a " Liberian soldier". 5937 The Trial Chamber notes that TF1-371, TF1-567, TF 1-516 and TF 1-367 are all generally credible witnesses.5938

2707. Th e Trial Chamber notes the significant amount of testimony that Jungle worked und er Benjamin Yeaten and/or that he took orders from Yeaten. TFI-567 testifi ed that Jun gle took orders from the Accu sed and Yeaten, TFI-371 testifi ed that Jungle worked with the "SSS director", and Jabaty Jaward and Abu Keita both testifi ed that Jungle was one of Yeaten's bod yguards. Witness TFI-51 6 also testified that Jun gle worked under "50" ' s command, who in tum took commands from the Accused.

2708. Th e Trial Chamber recalls that Abu Keita is a generally credible witness. 5939 With regard to Jabaty Jaward , the Trial Chamber observed that he provided clear, comprehensive and measured testimony durin g which he showed a good recollection of events and patently endeavoured to ensure that his evidence was as accurate as possible,594o discerning carefully between his own first-hand and hearsay evidence. Jaward did not exaggerate his own role, admitting that he was a low level individual within the RUF with whom Bockarie would not have discussed import ant matters.5941Jaward ' s testimony remained consistent throughout his cross-examination although the Defenc e raised a number of inconsistencies with Jaward's prior statements. The Trial Chamber finds these to be generally minor5942 and is largely satisfied by the explanations Jaward provided. The witness openly confirme d that he had received around $USD 1,500 from the OTP as well as 32,68 5,000 leones (approx imately $US D 10,895)5943 from the Witness and Victims Service for hims elf and his famil l 944 and

5935 TF I-37 L Transcript 29 January 2008, pp. 2452-2453 (CS). 5936 TF I-567, Transcript 2 July 2008 . pp. 12903-12906. 5937 TF I-516, Transcript 9 April 2008, pp. 7000-7002 . 5938 Credibility Assess ment. TF I-371, paras 220-226; Credibility Assessment. TFI-567. paras 313-317; Credibility Assessment, TF I-516, paras 275-284. Credibility Assessment, TF I-367, Pre-Indictment period (1988- 1996), para. 2446 . 5939 Credibility Assess ment, Abu Keita, paras 213-219. 5940 See for example Jaba ty Jaward , Transcript 15 July 2008. p. 1380 I. 5'H I Jabaty Jaward, Transcript 15 July 2008, pp. 13797-1380 I. 5942 For example whether the witness lived in Sam Bockarie or lssa Sesay's house or both in Buedu in 1998-1999 (Jaba ty Jaward, Transcrip t 16 July 2008. pp. 13839-13843) 5943 Conversion based on the rate of approxi mately 3,000 Leones/US dollar. 5944 Jabaty Jaward, Transcript 14 July 2008. pp. 13674- 13675.

920 Case No.: SCSL-03-01-T L 18 May 20 12 that WVS continued to be his only source of income. 5945 The Trial Chamber accepts Jaward's testimony that he initially refused payment from the Prosecution and was motivated to testify against the Accused not by money but because he felt he had important information to give to the international community about the Accused's involvement in the Sierra Leonean war and to abide by the pledge he had made to do so.5946 In light of the foregoing, the Trial Chamber finds Jabaty Jaward to be generally credible and will consider further issues relating to his credibility in context as they arise.

2709. The Trial Chamber notes TFI-516's cross-examination testimony in which he was confronted with a prior statement to the Prosecution in which he said that Daniel Tamba "was a Liberian soldier in the ATU" but that he did not know Tamba by an alias . The witness testified that he made a correction to that statement to the effect that Daniel Tamba was the same person as Jungle,5947 although he could not explain why he had not made the correction earlier. 5948 TF 1-516 was also confronted with a prior statement that Jungle Jim and Jungle was the same person. The witness testified that the statement was not correct and that he changed the statement before giving his testimony, a change that was reflected in the 5949 witness's interview record. In spite of these inconsistencies, the Trial Chamber notes that TFI-516's prior statement was consistent on the point that Daniel Tamba (a.k.a. Jungle) reported to Yeaten (a.k.a. 50).5950 Furthermore, the witness maintained on cross-examination that he knew Jungle before 1998.5951Because the witness was forthright about his prior error and because he corrected it of his own accord, in addition to the Trial Chamber's finding that he is a credible witness, the Trial Chamber does not consider these inconsistencies to be detrimental to his credibility. Moreover, the Trial Chamber notes that TFI-516's testimony on this point is corroborated by the testimony ofTF 1-371, TF 1-567, Jabaty Jaward and Abu Keita, all of whom were consistent regarding their testimony of Jungle and were not successfully challenged on cross-examination.

5945 Jabaty Jaward, Transcript 15 July 2008. p. 13680.

5946 Jabaty Jaward. Transcript 14 July 2008, pp. 13673-13676 ; Transcript 15 July 2008, pp. 13678. 13681-13682, 13684. 13687. 5947 TFI -516, Transcript 16 April 2008. p. 7780. 5948 TFI -516, Transcript 16 April 2008, p. 7784.

5949 TF 1-516, Transcript 16 April 2008, pp. 7780-7784. 5950 TFI -516. Transcript 16 April 2008, p. 7780.

595 1 TFI -516. Transcript 16 April 2008. p. 7784 .

921 Case No.: SCSL-03-01-T ~ 18 May 2012 2710. The Trial Chamber has made findings elsewhere in the Judgement with regard to the role of Jungle in transporting arms to the RUF and diamonds to the Accused throughout the Indictment period, as well as messages back and forth. The Trial Chamber has elsewhere considered and rejected 5952 the Defence contention that the movement of arms and ammunitions, and diamonds, between Sierra Leone and Liberia was undertaken in the context ofa "private enterprise" under Benjamin Yeaten, unbeknownst to the Accused. 5953

27 11. In addition to testimony ofJungle's role as a member ofor liaison between the RUF, NPFL and/or SSS, as a subordinate of Benjamin Yeaten, the Trial Chamber notes the testimony ofseveral witnesses who connected Jungle directly to the Accused. For example, TF 1-579 testified that Jungle took orders directly from Yeaten and the Accused, while TF 1­ 516 testified that Jungle "worked under 50" but took "commands" from the Accused. TF 1­ 371 testified that Jungle, in his capacity as an SSS, delivered information to the Accused. Isaac Mongor testified that Jungle told him that he reported to the Accused, and Kanneh testified that he heard Bockarie tell Koroma that Jungle was the RUF's "link" to the Accused. Mongor's testimony that he was told by Jungle that Jungle directly reported to the Accused is corroborated by the evidence ofTFI-579, TFI-51 6, TFI-371 and Kanneh. The Trial Chamber notes that on cross-examination Isaac Mongor testified that he recalled that Jungle's last name was Tamba, but that he was familiar with calling him Jungle. Mongor was then confronted with a prior statement in which Mongor stated that he only knew Jungle as Jungle and that he did not know "Daniel Tamba or anything else". Based on this contradiction, the Defence submitted that Mongor did not know Jungle at all. In the Trial Chamber's view, this inconsistency, in light of the fact that the witness was consistent throughout that he knew "Jungle" in spite of whether he knew or had forgotten "Tamba", does not undermine Mongor 's credibility on this point.5954 It is clear from the context of Mongor's testimony about Jungle in comparison with the testimony of other witnesses about Jungle, that he is testifying about the same individual. Moreover, the Trial Chamber recalls its finding that Mongor is generally a credible witness.5955 Although TF 1-579's testimony should be considered with caution and requires corroboration, and did not contain a basis of knowledge for his assertion that Jungle took orders directly from the Accused, the Trial

5951 Anus and Ammunition: Allegations of Direct Supply by the Accused, During Sam Bockaries Leadership (February 1998-December 1999). SQ53 Defence Final Trial Brief. para. 1091. 5954 Isaac Mongor, Transcript 2 April 2008, pp. 6486, 6504-6506: Transcript 3 April 2008, p. 6508.

922 Case No.: SCSL-03-01-T 18 May 2012 390/S

Chamber considers that the corroboration of the other witnesses lends reliability to his testimony. Similarly, the Trial Chamber considers that the corroboration by other witnesses regarding Jungle's role corroborates the testimony of TF 1-539 to the extent that his testimony regarding Jungle in this context is reliable.

2712. The Trial Chamber notes the Accused's testimony that he knew a Daniel Tamba who was not the same as the Tamba known as Jungle, whom other witnesses testified about, and was not the same Daniel Tamba listed in 0-316, as well as Sesay's testimony that there were other individuals called Jungle. However, the Trial Chamber also notes that witnesses Jaward, Vincent and DCT-008 consistently identified Jungle in Exhibit P-045A and that witnesses Kanneh, TFI-585 and DCT-008 consistently identified Jungle in Exhibit P-068. Moreover, the Trial Chamber notes that Sesay's identification of Jungle in P-163 is consistent with the other witnesses' identification of Jungle in P-068. Based on these identifications and the context of the testimony of the identifying witnesses, together with the testimony of witnesses who did not identify Jungle in photographs, the Trial Chamber is satisfied that all of the relevant witnesses testified about the same Daniel Tamba (a.k.a. Jungle).

2713. The Defence denies that Jungle carried out his actions as the Accused's subordinate. The Accused himself also denied knowing the Daniel Tamba testified about by other witnesses as "Jungle", saying he first heard of him in these trial proceedings. He further stated that the Daniel Tamba, a Second Lieutenant appearing in the roster, Exhibit 0-316, could not have been a "runner" for him because he was not ranked highly enough. The Accused conceded that Jungle could have been an SSS member, but maintained that he never provided the Accused with personal security. The Accused also testified that he did not have, and had no need for, a liaison between himself and Sam Bockarie. The Trial Chamber does not find these arguments convincing, and in particular finds it telling that Tamba's name appears on the official assignment roster for the Executive Mansion security services, Exhibit 0-316. In the Trial Chamber's view the testimony of the Accused does not raise a doubt with regard to the overwhelming evidence of Prosecution witnesses, as well as the documentary evidence, that Daniel Tamba (a.k.a. Jungle) worked for the SSS and was a subordinate ofthe Accused.

5<)55 Credibility Assessment, Isaac Monger, paras 269-274.

923 Case No.: SCSL-03-01-T 4 18May2012 ,f}) 2714. TI1e Trial Chamber notes DCT-008's inconsistent testimony on cross-examination regarding' Jungl e's position, first stating that he did not know if Jungle was an SSS, and moments later stating that Jungle was not an SSS, without explanation.Y'" The Trial Chamber also recalls its finding that the testimony of DCT-008 must be treated with caution

and requireseuuicorro borationorati .'>957

2715 .Although the Trial Chamber notes that there is evidence to support the accusation that the Accused facilitated the murder of Tamba,5958 the Trial Chamber recalls its discussion of allegations pertaining to the suppression of evidence, elsewhere in the judgement.5959 Therefore, the Trial Chamber has not considered that evidence here.

2716. Finally the Trial Chamber notes that Defence witness Issa Sesay con tinned that the Tamba listed in Exhibit 0 -3 16, the offi cial roster of the Executive Mansion, is the same Tamba as Jungle and said he would not dispute the possibility that Jungle joined the SSS.5960 The Trial Chamber notes that 0 -3 I6 is a document created and issued by officials in the Accused's government, and that its authenticity has not been challenged by either party. In the Trial Chamber's view, the presence of Daniel Tamba's name on page 1I of the document, as well as Sesay's confirmation that that Daniel Tamba is the Jungle at issue, establishes that Daniel Tamba (a.k.a. Jungle) was a member of the SSS. The Tri al Chamber therefore rejects the Accused's evidence that the Daniel Tamba appearing in the document is not the same as the Daniel Tamba (a.k.a. Jungl e) at issue here.

2717. Based upon the eviden ce of the aforementioned witnesses, as well as the documentary evidence admitted as Exhibit 0-316, the Trial Chamber finds that Jungle was an SSS member who worked for Benjamin Yeaten and the Accused as a courier of arms, diamonds, and messages back and forth between the Accused and the AFRC/RUF throu ghout the Indictment period.

5956 DCT-008, Transcript 7 September 20 10. pp. 48141, 48149. 595 7 Credibility Assessment. DCT-008. paras 373-380. 5958 TFl-579, Transc ript 5 November 2008 . pp. 19989-19990; Transc ript 6 November 2008. pp. 19997-20001; TF l -375, Transcript 26 August 2008, pp. 14558-14559 (PS); Transcript 28 August 2008, p. 14844 (PS). But see, Charles Ghankay Taylor, Transcript 30 September 2009, pp. 29916, 29921; Transcript 27 October 2009, p. 30372: DCT-008, Transcript 30 August 2010, pp. 47509-47512; Transcript 6 September 2010, p. 47997; John Vincent, Transcript 31 March 2010, pp. 38368-38369 . 5959 Preliminary Issues: Supression of Evidence. 5960 Issa Sesay, Transcript 25 August 20 10, p. 47138.

Case No.: SCSL-03-0 1-T 18 May 2012 Findings

2718. The Trial Chamber finds the Prosecution has proved beyond reasonable doubt that Daniel Tamba (a.k.a. Jungle) worked for the SSS as a subordinate of Benjamin Yeaten and the Accused and served as a courier of arms, diamonds and message back and forth between the AFRC/RUF and the Accused throughout the Indictment period.

3. Ibrahim Bah

Submissions ofthe Parties

2719. The Prosecution refers to Ibrahim Bah as the Accused's "personal liaison", "representative", "long-time associate", "trusted subordinate", and "emissary".5961 It submits that Ibrahim Bah met Sam Bockarie and in Freetown and arranged the Magburaka shipment on the Accused's directive and under his instructions.5962 The Prosecution further submits that after the Intervention, Ibrahim Bah spoke on behalf of the Accused at a meeting regarding the preparation of an airstrip, convened by Bockarie with Daniel Tamba.5963 According to the Prosecution, when the AFRC and RUF were taking steps to preserve their hold on Kono in the post-Intervention period, there was a secret meeting in which Ibrahim Bah said that he was part of the Liberian government working for the Accused, and he spoke on the Accused's behalf, stating that the AFRC/RUF relationship was recognised and that they should work together to take hold of in order to 5964 obtain diamonds. The Prosecution submits that during Bockarie's and Sesay's leadership, Sesay gave Eddie Kanneh diamonds, and he in tum gave them to Ibrahim Bah, who would deliver them to the Accused.5965 Furthermore, the Prosecution submits that Bah reported to the Accused to keep him informed of the activities of the RUF and the AFRC/RUF. 5966

2720. The Prosecution states that when Liberian security closed the border throughout 1998 and 1999, Ibrahim Bah was the only person who was allowed to cross into Sierra Leone with trucks filled with mining equipment. 5967 According to the Prosecution, in 1999

596 1 Prosecution Final Trial Brief, paras 3, 18, 20, 154, 194, 227, 354, 367-368 , 381,428,612. 5% 2 Prosecution Final Trial Brief, paras 18,227-228,354,367-368. 5lJ63 Prosecution Final Trial Brief, para. 149. 5%4 Prosecution Final Trial Brief, para. 154. 5965 Prosecution Final Trial Brief, para. 381. 5966 Prosecution Final Trial Brief, para. 428. 5%7 Prosecution Final Trial Brief, paras 20, 368, 611, 1264; Alms and Ammunition: Preliminary Issues, Closure

925 Case No.: SCSL-03-01-T 18 May 2012 the Accused used Daniel Tamba (a.k.a. Jungle), his SSS subordinate, and Ibrahim Bah, his long-time associate, as personal liaisons to Sankoh during the Lome peace negotiations. The Accused also sent Ibrahim Bah and Memunatu Deen with $USD 20,000 for Sankoh's personal use. Prior to travelling to Lome, Ibrahim Bah and Omrie Golley met with the Accused in Monrovia and received instructions to pass on to Sankoh in relation to positions 5968 to take at Lome

2721. The Defence submits that Ibrahim Bah met the Accused in 1990, when he "was part of the Gambian force that entered Liberia during the NPFL invasion, but [they] had limited contact thereafter" and that the Accused was not in a position to issue orders to Ibrahim Bah after RUFINPFL cooperation disintegrated.V'" According to the Defence, Ibrahim Bah left the NPFL in 1993, remained in Sierra Leone, and began dealing directly with the RUF.5970 The Defence argues that he was not the Accused's emissary or agent, "Taylor did not communicate with the Junta through any subordinates or intermediaries such as Ibrahim Bah" and that Ibrahim Bah had an "independent relationship with the RUF, which even pre­ dated the Sierra Leonean war" .5971 Bah never fought for the RUF, but "became close friends with ", whom he met in Libya.5972 He was a "liaison who coordinated with the RUF 's affairs outside of Sierra Leone" and a key player throughout the 1990s in "arranging weapons and munitions transactions on behalf of the RUF and/or Junta", particularly from Burkina Faso and Libya.5973 According to the Defence, he provided the RUF with radio equipment, "vehicles, food, mining equipment, computers, telephones, and other items".5974 Ibrahim Bah also introduced various business partners to Bockarie and Sankoh.5975

2722. The Defence submits that Sankoh encouraged the Junta to work with Ibrahim Bah to purchase arms in Burkina Faso for the Magburaka shipment and that the "shipment was

of Border!Anus Embargo. 5968 Prosecution Final Trial Brief, paras 194-195.

596'1 Defence Final Trial Brief: para. 1044. 5970 Defence Final Trial Brief, para. 1044.

5971 Defence Final Trial Brief, paras 861, 935, 1079, 1088, 120 I. 5972 Defence Final Trial Brief, paras 861, 935, 1044.

5973 Defence Final Trial Brief, paras 458,619,864, 1044-1046, 1073, 1079. 5974 Defence Final Trial Brief, paras 996-997, 1002, 1079.

5975 Defence Final Trial Brief, paras 939,1002,1079-1080.

Case No.: SCSL-03-01-T 18 May 2012 390/Q based on a pre-arranged deal , funded by Sankoh, arranged by Bah, and renewed by JP Korom a".5976

2723. The Defence argues that Ibrahim Bah was a "businessman who operated throughout the sub-region and could have obtained mining equipment from any source in the diamond trade industry, other than Taylor".5977 The Defence agrees that the Accused saw Ibrahim Bah and Omrie Golley before they left Liberia for Lome.5978

Evidence

Prosecution Witness TFl-371

2724 . Witness TFl-371 , an RUF member,5979 testified that during the Junta, in 1997 , Sam Bockarie and Ibrahim Bah said that Mr Taylor sent Ibrahim Bah to Freetown, and he received diamonds and money from Sam Bockarie and Jolmny Paul Koroma in order to organise the Magburaka shipment to get arms and ammunition for the Junta; Ibrahim Bah came upon the instruction of and with the "directive from Mr Taylor".598o He testified that Ibrahim Bah fought with the NPFL, was an advisor and good friend to Foday Sankoh, that Ibrahim Bah doubled with Omrie Golley as a member of the External Delegation, and that both Ibrahim Bah and Mr Sankoh were "military advisors to Mr Taylor" at one point in time.598I TFl-371 added that "[Bah] stuck with Mr Taylor throughout".5982 The witness testified that he learned through an "interaction" with Ibrahim Bah, whom the witness called a middle man and conduit of Mr Taylor, that he came to Buedu in 1998 "u pon the instruction of Mr Taylor" to see Sam Bockarie and he was given diamonds to take to Mr

5976 Defence Final Trial Brief: para. 1052.

5977 Defence Final Trial Brief, paras 592-593, 862, 864, 936, 1046, 1052, 1162, 1555. 5978 Defence Final Trial Brief, paras 94, 571. 5979 TFI -371, Transcript 29 January 2008, pp. 2555-2556 (CS). 5980 TFI -371, Transcript 24 January 2008, pp. 2111-2113 ; Transcript 28 January 2008, pp. 2308-2310, 2313­ 2314, 2374 (CS); Transcript 30 January 2008, p. 2671 (CS); Transcript 31 January 2008, pp. 2682-2686, 270 1­ 2702,2704,2736, 2738 (CS); Transcript 4 February 2008, pp. 2955-2956, 2978-2979 (CS). 598 1 TFI -371, Transcript 25 January 2008, p. 2291 (CS); Transcript 28 January 2008, pp. 2437-2438 (CS); Transcript 31 January 2008, pp. 2736,2754 (CS). 5982 TF 1-371, Transcript 31 January 2008, p. 2736 (CS).

Case No.: SCSL-03-01-T 18 May 2012 3CJ02c

Tay lor to help Taylor get more arms and ammunition for the RUF.5983 According to TFl­ 5984 37 1, Sam Bockarie trusted Ibrah im Bah.

2725. The witness testified that before November or December 1998, Sam Bockarie told him that Ibrahim Bah would escort Sam Bockari e and others to Ouagadougou to get a shipment of ammunition for a major attack.5985 According to TFI-371, General Abraham is 5986 Ibrahim Bah. The witness stated that Ibrahim Bah was a liaison with Charles Taylor, and the witness was present in 1999 when Ibrah im Bah, who said he was sent by Mr Taylor, gave $USD 20,000 to Mr Sankoh in Lome.5987

Prosecution Witness TF 1-567

2726. Witness TFI-567, an RUF member,598 8 testified that Foday Sankoh said that Ibrahim Bah, from Burkina Faso, was his friend, that Ibrahim Bah was with the NPFL, and that he was helping the establishment of the RUF mo vement as an agent for the RUF.5989 Acco rding to the witness, any time Jungle went to see Charles Taylor, Ibrahim Bah would join him, and Sankoh told "us" that he often sent Ibrahim Bah on mission s to see Taylor.599o Issa Sesay told the witness that he gave diamonds to Ibrahim Bah, who said that he had business partners, and Ibrahim Bah provided satellite phones, computers, food, and $USD 50,000 for the RUF movement between 1999 and 2001.5991 The testified that he and others went to Hotel Boulevard with diamonds to meet General Ibrahim to make arrangements, and Benjamin Yeaten would take Issa Sesay and General Ibrahim to brin g the diam onds to Charles Taylor.5992

5983 TF l-371, Transcript 28 January 2008, pp. 2366-2368, 2370, 2374-2375, 2377, 2407-2408 (CS); Transc ript 3 1 January 2008, pp. 2705, 2754-2755 (CS). 5984 TFl-371, Transcript 3 1 January 2008, p. 2705 (CS). 5985 TFl -371, Transcript 28 January 2008, pp. 2402-2403 (CS). 5n6 TFl-371, Transcn. pt 28 January 2008; p. 2407 (CS). 5987 TF l-37 1, Transcript 28 January 2008, p. 2438 (CS); Transcript 29 January 2008, pp. 2442, 2510 (CS). 5988 TFl-567, Transcri pt 2 July 2008, p. 12833 (PS); Transcript 4 July 2008, pp. 12986-12988 (PS). 5989 TF l-567, Transcript 4 July 2008 , p. 12971; Transcrip t 7 July 2008, p. 13121. 5'190 TFl-567, Transcript 4 July 2008, p. 12972. 599 1 TF 1-567, Transcrip t 4 July 2008 , p. 13006 (PS); Transcript 7 July 2008, p. 13121. 5992 TIl- 567, Transcript 4 July 2008 , pp. 13004-13007 (PS); Transcript 7 July 2008, pp. 13020 (PS), 13121.

Case No.: SCSL-0 3-01-T 18 May 20 12 Prosecution Witness Isaac Mongor

2727 . Witness Isaac Mongor, an RUF senior commander.T" testified that in 1991 Ibrahim Bah was a general who was present at a meeting with Mr Taylor, General Dopoe, Francis Mewon, Foday Sankoh, Lamin and others.5994 Ibrahim Bah was a soldier of the Special 5995 Forces and of the foreign forces which were part of the NPFL. During the time that Mongor was a member of the Supreme Council,5996 Ibrahim Bah came to meet Mongor and other RUF authorities who had fought alongside him before in Sierra Leone, at Bockarie's house in Freetown.5997 Ibrahim Bah said that he was sent by Mr Taylor with a message "asking" that the AFRC and RUF work together.5998 He said that Ibrahim Bah was a liaison officer who had been with the RUF. 5999 After this meeting, the witness took Ibrahim Bah to Johnny Paul Koroma's house and Ibrahim Bah said again that Mr Taylor sent him with the 6ooo message that they should work together.

Prosecution Witness Foday Lansana

2728. Witness Foday Lansana, an RUF radio operator,bOOl testified that General Ibrahim was a businessman working with Sam Bockarie when Mr Sankoh was in prison in , and after the release of Mr Sankoh, he became finance controller of the RUF ; he gave money to people who needed it when they were in Liberia, under the instruction of Sam Bockarie.6oo2 Foday Lansana met Ibrahim Bah in December 1999 at Hotel Boulevard.6om Later, Ibrahim Bah said that he was instructed by Mr Sankoh to give $USD 500 to the witness for shopping; the money was given to the witness at the Congo Town guesthouse on 22 December.6oo4 Ibrahim Bah told Foday Lansana that he was an international businessman

5993 See for example: Isaac Mongor, Transcript II Mar ch 2008. pp. 5749-575 0, 5760-57 64; Transcript 31 March 2008 , pp. 6204-6206, 6224- 6225; Transcript 3 April 2008 , pp. 6512-65 13, 6551-6556, 6613-6615. 59Q.j Isaac Mongor, Transcript 10 March 200 8, pp. 5672, 5706; Transcript II March 2008, p. 5712. 5995 Isaac Mongor, Transcript 10 March 200 8, pp . 5672 , 5705-5706. 5996 Isaac Mongor testified that the Supreme Council was where "authorities" including Johnny Paul Kororna, Tamba Brima, SO Williams, Issa Sesay, Gullit, and Mosquito, would discuss and plan "things" during the war , in order to continue the war (Isaac Mongor, Transcript 10 March 2008, p. 5704) . 5997 Isaac Monger, Transcript 10 March 2008, p. 5705; Transcript II March 2008, p. 5712. 5998 Isaac Mongor, Transcript 10 March 2008 , p. 5705; Transcript II March 2008, pp. 5712-5717. 5999 Isaac Monger, Transcript 11 March 2008 , p. 5713. 6000 Isaac Mongor , Transcript 11 March 2008, pp . 5713-5 714 . 600 1 Foday Lansana, T. 20 February 2008, pp. 4361-4362. 6002 Foday Lansana , Transcript 21 February 2008, pp. 4473-44 74. 60(H Foday Lansana , Transcript 21 February 2008, p. 4473

6004 Foda y Lansana, Transcript 2 1 Febru ary 200 8, pp. 4473-44 74.

929 Case No.: SCSL-03-01-T 18 May 20 12 who purchased diamonds and gold and that he and Sam Bockarie were friends and business partners.6005

Prosecution Witness Albert Saidu

2729. Witness Albert Saidu, an RUF adjutant from 1991 to 2001,6006 testified that during a meeting in 1998 or 1999, after Issa Sesay had diamonds that went missing, Sam Bockarie introduced General Ibrahim as a guest. 6007 The witness thought he was a Liberian general.6008 General lbrahim was sitting at the high table and introduced himself as part of the Liberian government working under Charl es Taylor and said that he was sent directly by the Accused, that the Accused was still with the AFRC/RUF and they should not worry, that he was trying to get more materi als for them to capture more places like Kono.6009

Prosecution Witness Abu Keita

2730. Witness Abu Keita, a former deput y chiefof staff and conunander ofULIMO-K who later became commander of the Scorpion Unit,601 0 testified that others told him that Ibrahim Bah was a former fighter of the NPFL and Ibrahim Bah said that he would find a buyer for RUF diamonds in order to help the RUF get radio cornmunication .P"" In 2000, the witness was present when Ibrahim Bah showed Sam Bockarie diamonds at the Boulevard Hotel and the witness also saw lbrahim Bah in Kono with Eddie Kanneh and four Lebanese in order to get RUF diamonds.6012

Prosecution Witness Suwandi Camara

273 1. Witness Suwandi Camara, an SSS mernber.Y' :' testified that his nephew, Mustapha Jallow, who was close to lbrah im Bah, told the witness in 2002 that Ibrahim Bah was a

6005 Foday Lansana, Transcript 2 1 February 2008, pp. 4473-44 74. 6006 Albert Saidu, Transcript 4 June 2008 , p. 10895. 6007 Albert Said u, Transcript 5 June 2008 , pp. 11055, 11059, 11 068, 11135. 6008 Albert Saidu, Transcript 5 June 2008, p. 11055. 6009 Albert Said u, Transcript 5 June 2008, pp. 11 059-11 060. 60 10 Abu Keita, Transcript 22 January 2008 , pp. 1953 -1954; 23 January 2008 , pp. 1970, 2000; 24 January 2008 , pp. 2110, 2145. (>01 1 Abu Keita, Transcript 23 January 2008 , pp. 1974-1975. iJO I2 Abu Kei ta, Transcript 23 January 2008 , pp. 1974-1976, 2025-2026. 60 13 Suwandi Camara , Transcript 8 February 2008 , pp. 3458-3459 , 3472 , 3477-3 479 ; 11 February 2008 , pp. 3523 ,3525.

Case No .: SCSL-03-0 1-T 18 May 20 12 3 9023

liaison officer between the NPFL and RUF, and that he was engaged III the diamond 6014 business between the RUF and Charles Taylor.

Prosecution Witness TF1-168

2732. Witness TFI-168, an RUF member,601 5 testified that Ibrahim Bah was one of the Gambian Special Forces attached to Dr Manneh and that he was involved in setting up business deals for Sankoh.6016 Ibrahim Bah knew members of the Burkina government and he went to Libya with Pa Sankoh.6017

The Accused

2733 . The Accused testified that he met Ibrahim Bah, a member of the NPFL, in 1990 when Bah went into Liberia with Kukoi Samba Sanyan (a.k.a. Dr Manneh) , but Ibrahim Bah left in 1993 or 1994.6018 The Accused said that Ibrahim Bah was Senegalese and that he "was one of the regular security personnel and was not assigned directly with [him]" when he met him in 1990.6019 The Accused testified that Ibrahim Bah was an "ordinary officer", but not his associate, friend, special bodyguard , agent, or military advisor, and that he never had a business relationship with Ibrahim Bah, nor did Ibrahim Bah ever work for him, the Accused, after he left Liberia.602o The Accused testified that General Abdulai Bah was "the most senior Gambian military officer" and is not the same person as Ibrahim Bah.602\ He maintained that Ibrahim Bah was not a Liberian genera1.6022 The Accused heard that after 1994 and after he became president, Bah came to Liberia a few times as a businessman.Y''

60 14 Suwandi Camara, Tran script 11 February 2008, pp. 3572-3574, 3577-3578. 6015 TFI -168, Transcript 22 January 2009, pp. 23275-23282 (CS). 60 16 TFI-168, Transcript 23 January 2009, pp. 23461-23462 (CS). 60 17 TFI -168, Transcript 23 January 2009, p. 23462 (CS). 60 18 Charles Ghankay Taylor, Transcript 5 August 2009, p. 26039; Transcript 11 August 2009, p. 26516; Transcript 25 August 2009, pp. 27563-27564; Transcript 14 September 2009, pp. 28743-28744; Transcript 17 September 2009, p. 29263; Transcript 23 September 2009, pp. 29551 (PS), 29562 (PS); Transcript 27 October 2009, p. 30360. 60 19 Charles Ghank ay Taylor, Transcript 25 August 2009, pp. 27563, 27662, 27664; Transcript 17 Septemb er 2009,pp. 29264-29265. 6020 Charles Ghankay Taylor, Transcript 5 August 2009, p. 26039; Transcript 25 August 2009, p. 27564 ; Transcript 9 Septemb er 2009, p. 28479; Transcript 14 September 2009, p. 288 13 (PS); Transcript 15 September 2009, pp. 289 10-28911; Transcript 23 September 2009, pp. 29539, 29551 (PS), 29562 (PS); Transcript 29 September 2009, p. 29785; Transcript 27 October 2009, pp. 30359-30361 ; Transcript 5 November 2009, pp. 31275,31315; Transcript 9 November 2009, pp. 31449, 31453, 31456. 602 1 Charles Ghankay Taylor, Transcript 9 September 2009, pp. 28476-28479. 6022 Charles Ghankay Taylor, Transcript 26 October 2009, p. 30234. 6023 Charles Ghankay Taylor, Transcript 25 August 2009, pp. 27563-27564.

931 Case No.: SCSL-03- 01-T ~ 18May 2012 j) He testified that Ibrahim Bah "is now fully with Foday Sankoh, based on even evidence before this court" and that he had no reason to doubt that Ibrahim Bah helped Foday Sankoh coordinate RUF affairs outside of Sierra Leone between 1996 and 1999.6024

2734. The Accused testified that he never connived with Ibrahim Bah in diamond trading, never received diamonds from Ibrahim Bah and did not organise a Magburaka shipment through Ibrahim Bah.6025 He testified that he had no knowledge of Ibrahim Bah purchasing satellite phones and computers for the RUF.6026 He also testified that he had no knowledge of Ibrahim Bah being in Monrovia in early October 1997 but that it would not be unusual as Ibrahim Bah was a businessman.6027 He said he did not know that Ibrahim Bah and senior members of the RUF were dealing in diamonds in Monrovia.602s He also said that Ibrahim Bah was not a liaison officer between the NPFL and RUF.6029 The Accused testified that he never sent Ibrahim Bah to Freetown to meet Johnny Paul Koroma or to Buedu to meet Sam Bockarie or anywhere else.6030

2735. According to the Accused, Ibrahim Bah was a "senior individual" and "official of the RUF" delegation; he was "working for and with Foday Sankoh;" and he was a "special guest" who was representing the RUF at Lome; the Accused said that he saw Ibrahim Bah tor the last time before he left for Lome in April 1999.6031 The Accused testified that he did not give Ibrahim Bah $USD 20,000 to give to Sankoh in Lome.6032

0024 Charles Ghankay Taylor, Transcript II August 2009, p. 265 16; Transcript 17 September 2009, pp. 29262­ 29264 ; Transcript 26 October 2009, p. 30235; Transcript 27 October 2009, pp. 30359, 304 13. 0025 Charles Ghankay Tay lor, Transcript 18 August 2009, p. 27 106; Transcript 25 August 2009, pp. 27562, 27565,27596; Transcript 9 September 2009, p. 28529 ; Transcript 14 September 2009, pp. 288 10-2881 1 (PS); Transcript 15 September 2009, pp. 28910-289 11; Transcript 23 September 2009, pp. 29564-29565 (PS); Transcript 29 Septembe r 2009, pp. 29781, 29787-29788 ; Transcript 27 Octobe r 2009, p. 30361; Transcript 5 November 2009, pp. 31276, 31278. 6026 Charles Ghankay Taylor, Transcript 14 September 2009, p. 288 12 (PS); Transcript 22 September 2009, p. 29350 ; Transcript 24 September 2009, pp. 29669-29 670. 6027 Charles Ghankay Taylor, Transcript 22 September 2009, pp. 29349-29350; Transcript 23 September 2009, p. 2954 1. 6028 Charles Ghankay Taylor, Transcript 25 August 2009, p. 27565. 6029 Charles Ghankay Taylor, Transcript 9 September 2009, p. 28525 . 6030 Charles Ghankay Taylor, Transcript 23 September 2009, pp. 29550-29551 (PS); Transcript 29 September 2009, pp. 29765-29766 , 29768 ; Transcript 26 October 2009, p. 30235; Transcript 27 October 2009, pp. 3036 1, 304 13-304 14. 603 1 Charles Ghankay Taylor, Transcript I I August 2009, pp. 26503-26504, 26509, 265 16, 26534-26535; Transcript 13 August 2009, p. 26787; Transcript 25 August 2009, pp. 27575-27576; Transcript 9 September 2009, pp. 28524, 28530; Transcript 14 September 2009, p. 28742; Transcript 17 September 2009, pp. 29262­ 29263; Transcript 22 September 2009, p. 29302; Transcript 23 September 2009, pp. 2955 1-29552 (PS); Transcript 24 September 2009, pp. 29609-296 10,29737; Transcript II November 2009, p. 31611; Transcript 28

Case No.: SCSL-03-0 1-T 18 May 20 12 iJ Defence Witness Issa Sesay

2736. Witness Issa Sesay, senior RUF commander.Y':' and interim leader of the RUF from 2000 until disarmament in 2002 ,6034 testified that Ibrahim Bah was not an advisor, but instead was an agent and "a runner to Mr Sankoh" and the RUF.6035 He explained that Ibrahim Bah brought business partners for Mr Sankoh and diamond dealers to Sam Bockarie and himsel ( 6036 In July or August 1997, Johnny Paul Koroma gave Ibrahim Bah $USD 90,000 to hire a flight to transport arms and ammunition from Burkina Faso for the AFRC and RUF.6037 Ibrahim Bah was based in Ouagadougou and would take the RUF delegation to Burkin a Faso, as he was working with Mr Sankoh and he was his friend.6038 Issa Sesay testified that Johnny Paul Koroma only sent people whom he trusted with Ibrahim Bah and Bah arrived on the plane with the ammunition.Y'" The witness went to Burkina Faso with 604o General Ibrahim Bah to get ammunition in April. According to Issa Sesay, Ibrahim Bah introduced Michel and Louis, "two white men" from Belgium, to Issa Sesay and Bockarie in Buedu in June of July of 1999 and introduced them to Sankoh in Monrovia.Y" Issa Sesay heard from the commander in Buedu that the Liberian border was closed between mid­ December 1999 to May 2000 and the only person who crossed was Ibrahim Bah in December 1999.6042

Prosecution Exhibit P-018

2737.Exhibit P-O 18 is a report of the Panel of Experts from 20 December 2000, which was sent to the President of the Security Council. According to this report, internal RUF reports show that Bah took diamonds to the Accused late in 1998.6043 Bah is "said to be a Burkinabe

January 20 I0, pp. 34333-34334. 6032 Charles Ghankay Taylor, Transcript 24 September 2009, p. 29610. 6033 Issa Sesay, Transcript 26 July 2010, pp. 44590-44591,44596, and 6034 Issa Sesay, Transcript 5 July 20 I0, pp. 43588-43589; Transcript 23 August 20 10, p. 46883. 6035 Issa Sesay, Transc ript 29 July 2010, p. 44980 (PS). 6036 Issa Sesay, Transcript 29 July 2010, p. 44980 (PS). 6037 Issa Sesay, Transcript 7 July 20 10, pp. 43857, 43859-43862, 43872 . 6038 Issa Sesay, Transcript 7 July 20 10, pp. 43860,439 11-43912. 6039 Issa Sesay, Transcript 7 July 20 I0, pp. 43869-43870. 6040 Issa Sesay, Transcript 7 July 20 I0, p. 43981. 604 1 Issa Sesay, Transcript 14 July 20 10, pp. 44476-44479, 4448 1. 6042 Issa Sesay, Transcript 14 July 20 10, pp. 44464-44465, 44476-44479, 44482, 44485, 44490 ; Arms and Ammunition: Preliminary Issues. Closure of Border/Arms Embargo. 6043 Exhibit P-O18,"Report of the Panel of Experts Established by Resolution 1306, S/2000/ 1195, Adopted on 20 December 2000", p. 17,ERN 4387 .

Case No.: SCSL-03-01-T 18 May 2012 military officer" and is also known as "Ibrahima Balde and Balde Ibrahima", a key player in the AFRC/RUFaxis, and "instrumental in the movement of RUF diamonds from Sierra Leone into Liberia and from there to Burkina Faso".6044 According to the report, Ibrahim Bah helped make arrangements for the procurement of military equipment.6045 It also states that Ibrahim Bah is said to handle much of the "financial, diamond and weapons transa ctions between the RUF, Liberia and Burkina Faso", shuttling regularly between Monrovia and Ouagadougou and he is a "senior logistics expert in the movement of weapons and diamonds between Burkina Faso, Liberia and Sierra Leone".6046

Prosecution Exhibit P-067

2738 . Exhibit P-067 is a situation report to Foday Sankoh from the Black Guard Commander. According to this report, a large quantity of diamonds was taken from Johnn y Paul Koroma and given to "Mr Ibrahim (General) [...] to travel with the parcels directly to President Taylor" and "to this development, the High Command was able to receive the first satellite phone,,.6047 This exhibit also states that Ibrahim Bah had important contacts for "materials" such as ammunition and arrns.6048

Prosecution Exhibit P-063

2739. Exhibit P-063, dated 2 December 1998, is the minutes of a forum with the external delegates led by the RUF Defence Staff, which was held at the RUF Defence Headquarters. According to this document, Eddie Kanneh asked those present at the forum to "remember outstanding external friends of his movement like General Abraham", and the CDS (Sam Bockarie)6049congratulated General Abraham for his "sincerity and honesty in delivering the parcels that were given to [him] for our father across".6050

6044 Exhibit P-O18, "Report of the Panel of Experts Established by Resolution 1306, S/2000/ 1195, Adopted on 20 December 2000", p. 17, ERN 4387. 6045 Exhibit P-O18, "Report of the Panel of Experts Established by Resolution 1306. S/2000/1195, Adopted on 20 December 2000", pp. 17, 20, ERN 4387. 4390 . 6046 Exhibit P-O18,"Report of the Panel of Expert" Established by Resolution 1306, S/2000/ 1195, Adopted on 20 December 2000", pp. 35, 60, ERN 4405 , 4430. 6047 Exhibit P-067, "RUF People's Ann, Situation Report to Foday Sankoh from the Black Guard Commander", ERN 9675. 6048 Exhibit P-067, "RUF People's Ann. Situation Report to Foday Sankoh from the Black Guard Conunander", ERN 9675-9676. 6049 Exhibit P-063 begins with "T he Chairman CDS-Brigadier Sam Bockarie welcomed [...]" which indicates that CDS is Sam Bockarie. CDS stands for Chief of Defence Staff (see TF I-37 I, Transcript 28 January 2008, p.

934 Case No.: SCSL-03-0 I-T ~ 18 May 20 12 Prosecution Exhibit 0-003

2740. Exhibit 0-003 is a radio log book. According to this log book, on 12 January 2000, General Ibrahim informed "Smile" that he was leaving for Monrovia that day as all their provisions were finished and "the longer we delay for now, the more we accumulate losses". He wrote that he had identified all the problems and knew the needs in order to "speed up the process". He wrote that he would give "excellent info" when he had access to communication and he pleaded to "info Monrovia" to pick him up at the border that same day or the following day.6osl

Defence Exhibit 0-030

2741. Exhibit 0-030 1S Volume Two of a report of the Sierra Leone Truth and Reconciliation Commission. According to this report, Ibrahim Bah was classified as one of the prominent leaders within the AFRC Faction under the heading "Miscellaneous AFRC

"Special Envoys".,,60S2

Defence Exhibit 0-393

2742. Exhibit 0-393 is a summary report ofa Belgian criminal investigation. According to this investigation, various notes by Ossaily Samih, a Belgian diamond dealer, indicate that he had extensive contacts with Ibrahim Bah in Hotel Boulevard in Monrovia.6os3

Deliberations

2743. The Trial Chamber notes that there is a broad range of evidence in the record regarding the role of Ibrahim Bah. There is evidence that Bah was part of the Liberian Government and represented the Accused. There is also evidence that he was working for the RUF. Other evidence indicates that Ibrahim Bah was an independent businessman, working as an intermediary between the RUF and the Accused and/or as an agent involved

2326 (CS». 6050 Exhibit P-063, "'RUF Defence Headquarters, Forum with the External Delegates Led by the RUF Defence Staff, 2nd December 1998", p. 3, ERN 15489. 6051 Exhibit 0 -003, "Radio Log Book Three", ERN 8779; Anus and Ammunition: Preliminary Issues, Closure of BorderlAnus Embargo. 6052 Exhibit 0-030, "Witness to the Truth: Report of the Sierra Leone TRC, VOL 2, Names of the AFRC Leadership, 2004", p. 65. 6053 Exhibit 0 -393, "Belgian Investigati on made at the Reques t of Fonner Prosecutor for the Special Court for Sierra Leone, David Crane, November 2002", pp. 10, 18, ERN 102 I52, 102I60.

Case No.: SCSL-03-01-T 18 May 2012 in certain transactions for the RUF and other transactions for the Accused. With regard to specific events, the Trial Chamber has reviewed the evidence in the context of its consideration of those events. More generally, the Trial Chamber has reviewed the evidence in an effort to come to preliminary general conclusions with regard to Ibrahim Bah 's alleged role and affiliation with the Accused and/or the RUF.

2744. It is not contested that in the early 1990s Ibrahim Bah was a member of the NPFL and there is some evidence that he came to the NPFL with the Gambian Special Forces of Dr Manneh. Isaac Mongor testified that in 1991, Bah was a soldier of the Special Forces and foreign forces, which were part of the NPFL, and TFI-1 68 also testified that before he met him, Ibrahim Bah was a fighter for the Gambian Special Forces, attached to Dr Manneh.6054 TFI-371 testified that Bah fought with the NPFL, 6055 The Accused testified that Bah was a member of the NPFL in 1990 but that he left the NPFL in 1993 or 1994.6056 Abu Keita testified that he heard Bah was a form er NPFL fighter.6057 TFI-567 testified that Foday Sankoh told him that Ibrahim Bah was from Burkina Faso, and that he was with the NPFL,6058 The Trial Chamber recalls its findin gs that Isaac Mongor, TFI-168, TFI-371, Abu Keita and TFI-567 are generally credible witnesses 6059.

2745. Ibrahim Bah was referred to as Gen eral Ibrahim by a numb er of witnesses ,606o and TF 1-371 testified that General Abraham was Ibrahim Bah.6061 The Accused testified that Bah was an "ordinary officer" and distingui shed him from General Abdulai Bah, a senior Gambian military officer who was not the same person.6062 However, the evidence does not

6054 Isaac Mongor, Transcript 10 March 2008, pp. 5672, 5705-5706; TF I-168, Transcript 23 January 2009, pp. 23461-23462 (CS). 6055 TF I-37 1, Transcript 25 January 2008, p. 229 1 (CS). 0056 Charles Ghankay Taylor, Transcript 5 August 2009, p. 26039; Transcript II August 2009, p. 265 16; Transcript 25 August 2009, pp. 27563-27564; Transcript 14 September 2009, pp. 28743-2 8744; Transcript 17 September 2009, p. 29263; Transcript 23 September 2009, pp. 2955 1 (PS), 29562 (PS); Transcript 27 October 2009, p. 30360. 6057 Abu Keita, Transcript 23 January 2008, pp. 1974-1975. 6058 TF I-567, Transcript 4 July 2008, p. 12971. 6059 Credibility Assessment, Isaac Mongor, paras 269-274; Credibility Assessment, TF I-37 1, paras 220-226; Credibility Assessment, Abu Keita, paras 213-219; Credibility Assessment, TFl-567, paras 313-317. Credibility Assessment, TF 1-168, Pre-Indictment Period ( 1988-1996), para. 2328. 6060 TFl -567, Transcript 4 July 2008, pp. 12971, 13004-13007 (PS); Transcript 7 July 2008, pp. 13020 (PS), 13029 (PS), 13121- 13122; Foday Lansana, Transcript, 21 February 2008, pp. 4473-4474; Albert Saidu, Transcript 5 June 2008, pp. 11 055, 11059-1 1060, 11083, 11085, 11 087; Issa Sesay, Transcript 7 July 2010, pp. 43856,43981. 606 1 TFI-371, Transcript 28 January 2008, p. 2407 (CS). 6062 Charles Ghankay Taylo r, Transc ript 9 September 2009, pp. 28476-28479.

Case No.: SCSL-03-0 I-T 18 May 20 12 .11 suggest any confusion between these two men, as Ibrahim Bah was not referred to as General Bah but rather as General Ibrahim. There is little evidence other than this title that Ibrahim Bah was a general for the NPFL. Mongor testified that he was a general in 1991.6063 Albert Saidu testified that he thought Bah was a Liberian general because at a meeting he introduced himself as part of the Liberian Government working under Charles Taylor. 6064 The Accused denied that Bah was a Liberian genera1.6065 While it is clear that Bah was a part ofthe NPFL at some time in the early 1990s, the Trial Chamber cannot conclude, in the light of such divergent evidence regarding his role, that he was in fact a Liberian government official or military officer during the Indictment period.

2746. A number of witnesses testified that Ibrahim Bah worked for the Accused or repres ented the Accused during the Indictment period. TFl-371 testified that Bah "stuck with Mr Taylor throughout" and mentioned a number of specific incidents in which the Accused sent Bah on his behalf - to Buedu in 1998 and to give Sankoh SUSD 20,000 in 1999.6066 Several witnesses, including TF1-371, testified that Bah was sent by Taylor to arrange for the Magburaka arms shipment.6067

2747. However, the Trial Chamber notes that a number of witnesses who testified that Bah worked for the Accused testified that he also worked for the RUF. Mongor, for example, testified that the Accused sent a message with Bah that the AFRC and RUF should work togeth er, but he also testified that Bah was a liaison officer who had been with the RUF.6068 Suwandi Camara testified that he was told in 2002 that Bah was a liaison officer between the NPFL and RUF, and engaged in the diamond business between the RUF and Taylor. 6069 The Trial Chamber recalls its finding that Suwandi Camara is a generally credible witness.607o

6063Isaac Mongor, Transcript 10 March 2008, pp. 5672, 5706. 6064 Albert Saidu, Transcript 5 June 2008, pp. 11059-11060. 6065 Charles Ghankay Tay lor, Transcript 26 October 2009, p. 30234. 6066 TFI-37L Transcript 28 January 2008, pp. 2366-23 68, 2370, 2374-2375, 2377, 2407-2408, 2438 (CS); Transcript 29 January 2008, pp. 2442,2510 (CS); Transcript 31 January 2008, pp. 2736, 2754-2755 (CS). 6067 Arms and Ammunition: Allegations that the Accused Facilitated Supplies, Magburaka Shipment; TFI-371, Transcript 24 January 2008, pp. 2111-2113; Transcript 28 January 2008, pp. 2308-23 10,2313-23 14,2374 (CS); Transcript 30 January 2008, p. 267 1 (CS);Transcript 31 January 2008, pp. 2682-2686, 270 1-2702, 2704, 2736, 2738 (CS); Transcript 4 February 2008, pp. 2955-2956,2978-2979 (CS). 6068 Isaac Mongor, Transcript IO March 2008, p. 5705; Transcript II March 2008, pp. 5712-5717. 6069Suwandi Camara, Transcript 11 February 2008, pp. 3572-3574, 3577-3578. 1>070 Credibility Assessment, Suwand i Camara, Pre-Indictment Period (1988-1996), para. 2222.

Case No.: SCSL-03-01-T 18 May 20 12 2748. The Trial Chamber notes that evidence from TFl-371 , TFl-567, Suwandi Camara, as well as Exhibits P-OI8, P-063, and P-067, all indicate that Ibrahim Bah deli vered 6071 diamonds to the Accused. Witness TFI-371 testified that the Ibrahim Bah was the Accused's middle man and conduit.6072 However, much of the evidence does not clearly indicate any affiliation for Bah to a particular person or group; it shows that he acted as an intermediary. The report of the Panel of Experts, for example, states that Bah handled financial , diamond and weapons transactions "between the RUF, Liberia and Burkina Faso".6073 Similarly, Exhibits P-067 and P-063 both indicate that diamonds were giv en to Ibrahim Bah to deliver to Taylor, without expressly stating his role other than as an interm. ediiary.6074

2749. The Trial Chamber notes that Issa Sesay testified that Bah brought business partners 6 and diamond dealers to himself, Bockarie and Sankoh. (J75 Foday Lansana described Ibrahim Bah as a businessman and business partner of Bockarie, but also as a finan ce controller for the RUF.6076 TFl-567 testified that Bah was an agent for the RUF, whom Sankoh often sent 60n on missi ons to the Accused. Abu Keita testified that Bah said he would find the RUF a buyer for diamonds to help them get radio communication.Y 'f TFl-168 testified that Bah set 6079 up business deals for Sankoh. However, Exhibit P-063, the minutes of an RUF meeting, indicates that Eddie Kanneh referred in the meeting to General Abraham as an "external

6071 TFI-371. Transcript 24 January 2008, pp. 2111-2113; Transcript 28 January 2008, pp. 2308-23 10,2313­ 2314, 2366-2368, 2370 , 2374-2375, 2377, 2407-2408 (CS); Transcript 30 January 2008, p. 2671 (CS); Transcript 3 1 January 2008, pp. 2682-2686, 270 1-2702, 2704-2705, 2736, 2738, 2754-2755 (CS); Transcript 4 February 2008, pp. 2955-2956 , 2978-2979 (CS); TFI-567, Transcript 4 July 2008, pp. 13004-13007 (PS); Transcript 7 July 2008, pp. 13020 (PS), 13121; Suwandi Camara, Transcript 11 February 2008, pp. 3572-3574, 3577-3578; Exhibit P-018, "Report of the Panel of Experts Establ ished by Resolution 1306, S/2000/1195, Adopted on 20 December 2000", pp. 17, 35, 60, ERl'1 4387, 4405, 4430; Exhibit P-063, "RUF Defence Headquarters, Forum with the External Delegates Led by the RUF Defence Staff, 2nd December 1998", p. 3, ERN 15489; Exhibit P-067, " RUF People's Ann, Situation Report to Foday Sankoh from the Black Guard Commander", ERN 9675. 6072 TFI -371, Transcript 31 January 2008, pp. 2705, 2754-2755 (CS); Transcript 1 February 2008, p. 2851 (CS). 6073 Exhibit P-018, "Report of the Panel of Experts Established by Resolution 1306, SI2000/l 195, Adopted on 20 December 2000", pp. 35, 60, ERN 4405,4430. 6074 Exhibit P-063, "RUF Defence Headquarters, Forum with the External Delegates Led by the RUF Defence Staff, 2nd December 1998", p. 3, ERN 15489; Exhibit P-067, "RUF People's Arm , Situation Report to Foday Sankoh from the Black Guard Commander", ERN 9675. 6075 Issa Sesay, Transcript 14 July 20 I0, pp. 444 76-44479,44481; Transcript 29 July 2010, p. 44980 (PS). 6076 Foday Lansana, Transcript 21 February 2008, pp. 4473-4474. 6077 TFI-567, Transcript 4 July 2008, pp. 12971-12972; Tran script 7 July 2008, p. 13121. 6078 Abu Keita, Transcript 23 January 2008, pp. 1974-1976, 2025-2026. 6079 TF I-168, Transcript 23 January 2009, pp. 2346 1-23462 (CS).

Case No.: SCSL-03-0 1-T 18 May 20 12 friend".60S0 The Trial Chamber notes that TFI-371, TFI-567, and Issa Sesay all testified that Ibrahim Bah was a good friend of Foday Sankoh .6os1 TFI-371 testified that Sam Bockarie trusted Ibrahim Bah and Foday Lansana testified that Bah was a best friend of Sam Bockarie.60S2

2750. Although none of the witnesses suggested that Bah was an agent of the AFRC, the report of the Sierra Leone Truth and Reconciliation Commission classified Bah as a miscellaneous AFRC "Special Envoy". 6083

2751. The Trial Chamber notes that the Accused testified that he never sent Ibrahim Bah anywhere and that he never received diamonds from him.6084 In light of the overwhelming evidence to the contrary, the Trial Chamber finds the testimony ofthe Accused in this regard lacking in credibility.

2752. In light of all the evidence indicating that Ibrahim Bah was perceived by various witnesses as working for the RUF, or the Accused, or both the RUF and the Accused, the Trial Chamber concludes that Ibrahim Bah was a trusted emissary who represented the RUF at times and the Accused at times, and served as a liaison between them at times. He was a businessman who helped arrange arms and diamond transactions, and did not maintain an ongoing affiliation as a subordinate or agent with either the RUF or the Accused. At times, however, he did represent the RUF and the Accused in specific transactions or on specific missions. With regard to particular events, the Trial Chamber considers that his status and relationship to the parties involved is to be determined on the basis of relevant evidence in the context ofthose particular events.

6080 Exhibit P-063, "RUF Defence Headquarters, Forum with the External Delegates Led by the RUF Defence Staff, 2nd December 1998", p. 3, ERN 15489. 608 1 TFI-371 , Transcript 31 January 2008, pp. 2736 (CS); TFI-567, Transcript 4 July 2008, p. 12971; Issa Sesay, Transcript 7 July 2010, pp. 43911-43912. 6082 TFI-371, Transcript 31 January 2008, p. 2705 (CS); Foday Lansana, Transcript 21 February 2008, pp. 4473­ 4474 . 6083 Exhibit D-030, "Witness to the Truth: Report of the Sierra Leone TRC, VOL 2, Names of RUF Leadership, 2004" , p. 65. 6084 Charles Ghankay Taylor, Transcript 18 August 2009, p. 27106 ; Transcript 25 August 2009, pp. 27562, 27565,27596; Transcript 9 September 2009, p. 28529 ; Tran script 14 September 2009, pp. 28810-28811 (PS); Transcript 15 September 2009, pp. 28910-28911 ; Transcript 23 September 2009, pp. 29550-29551, 29564-29565 (PS); Transcript 29 September 2009, pp. 29765-29766, 29768, 29781, 29787-29788; Transcript 26 October 2009, p. 30235; Transcript 27 October 2009, pp. 30361, 30413-30414; Transcript 5 November 2009, pp. 31276, 31278 .

939 Case No.: SCSL-03-01-T 18 May 2012 59032

Findings

2753. The Trial Chamber finds beyond reasonable doubt that Ibrahim Bah was an independent businessman who worked , at various times and tor particular purposes, for both the RUF and the Accused. He also served as a liaison between the RUF and the Accused but had no permanent affiliation with either the RUF or the Accused.

94 ~ Case No.: SCSL-03-01-T 18 May 201 2 / 39033

c. Military Operations

I. Alleged Message from Base 1 to Troops Retreating from Kono

Submissions ofthe Parties

2754. The Prosecution alleges that during the Intervention, while the forces in Kono were communicating with Buedu, they received a message from Base I, Yeaten 's radio station in Monrovia, to the AFRC/RUF forces asking why they were pulling out of Kono while other AFRC/RUF were still in Makeni and other areas toward Freetown. 6085

2755. The Defence submits that TFI-516's evidence regarding the radio message from Base 1 is "suspicious" and should be approached with caution for six reasons . First, the allegation is unsupported. Second, on TFI-516's evidence, this communication is the first from Base 1 to the RUF, "yet the witness seems to treat such communication as standard" rather than the RUF expressing outrage or surprise that they were being monitored by a radio station in Monrovia. Third, there is evidence that Base 1 had not been established at this time. Fourth, Prosecution evidence suggests that Base 1 was not then in possession of the RUF radio codes . Fifth, there is evidence that the Liberian codes are different from the RUF codes. Finally, "this account seems to be contradicted" by Mohamed Kabbah 's evidence that he did not see or hear any message from Taylor ordering the RUF to hold Kono.6086 The Defence submits that "although Kabbah referred to Taylor in this context, Kabbah's treatment of Sunlight is as an extension of Taylor, so if he knew of Sunlight sending such a message, he is likely to have mentioned this".6087

Evidence

Prosecution Witness TF 1-516

2756. Witness TFI-516, an RUF radio operator,6088 testified that during the Junta rule, while he was in Buedu, Mohamed Kabbah commanded him to go to Kono to collect battery acid from the station commander CO Nya. When he arrived, Perry Kamara (a.k.a. King Perry) assigned him to the mining site at where he remained engaged in overseeing

6085 Prosecution Final Trial Brief, para. 151. 6086 Defence Final Trial Brief para. 1497. 6087 Defence Final Trial Brief, para. 1497, footnote 4063. 6088 TFI-516, Transcript 8 April 2008, p. 6845.

Case No.: SCSL-03-01-T 18 May 2012 mining in a designated RUF pit and a private mining pit, and undertaking some radio work until 1998 after the ECOMOG Intervention when Alex Tamba Brima (a.k.a. Gullit), the overall commander in Kono, ordered everyone back to Buedu.6089 The witness testified that while he was in Kono, he went to the radio room in the moming to transmit any messages berorec. gomg. to the e mirmmng site. ,6090

2757. The witness testified that while he was communicating with the station in Buedu to inform them that the AFRC/R UF forces were about to pull out from Kono, he recei ved a call from "across the other side", meaning it was from Liberia;609 1 it was from Sunlight at Base 1, enquiring why they were pulling out from Kono. The witness indicated that Base 1 had ascertained that the troops were withdrawing by Sunlight monitoring AFRC/R UF radio communications and intercepting their cal1. 6092 Gullit ordered the witness to communicate the response to Base 1 that "he had something very much important to discuss with Sam Bockarie' and accordingly he was insisting that the fighters pull out from Kono down to Kailahun.6093TFI-516 identified Base 1 as a radio set assigned to Benjamin Yeaten, the SSS 6094 director of Liberia situated in Congo Town.

2758 . On re-examination the witness explained that during his time in Kono, he did not transmit any messages for the AFRC with the exception of the message he sent to Buedu on Gullit's behalf when it was time for them to retreat.6095

Prosecution Witness Mohamed Kabbah

2759. Witness Mohamed Kabbah (a.k .a. Tourist), an RUF radio operator,6096 testified that he did not see or hear any message from Charles Taylor ordering the RUF to hold Kono after the AFRC/RUF retreat from Freetown in early 1998, nor did he recall hearing or seeing any radio message that would have come from Charles Taylor whereby orders were given about operations in Kono or any other aspect ofthe retreat from Freetown.6097

6089 TF 1-516, Transcript 8 April 2008, pp. 6846, 6848-6852; Transcript 14 April 2008, pp. 7512-7513. 6090 TFI-51 6, Transcript 14 April 2008, p. 7517. 609 1 TFI-516, Transcript 8 April 2008, p. 6853. 6092 TFI-516, Transcript 8 April 2008, p. 6940.

609.\ TFI-516, Transcript 8 April 2008, p. 6852; Transcript 14 April 2008, pp. 7518-7519. 6094 TFI-51 6, Transcript 8 April 2008, p. 6853.

6095 TFI-516, Transcript 16 April 2008, p. 7827. 6096 Mohamed Kabbah , Transcript 12 September 2008, p. 16100. (,1)97 Mohamed Kabbah , Transcript 16 September 1998, pp. 16338-16339.

Case No.: SCSL-03-01-1' 18 May 20 12 Defence Witness DCT-008

2760 . When TFl-516's evidence about the February 1998 communication was put to Defence Witness DCT-008, a Liberian radio operator,6098 who was in a position to know the activities of the radio operator Sunlight, he denied that Sunlight intercepted Gullit's communication about the retreat from Kono to Kailahun in February 1998. In February 1998, Sunlight was not under the direct supervision of Benjamin Yeaten; he was a radio operator at the Executive Mansion where he did not intercept any radio communications from Sierra Leone and to the best of his knowledge, the Executive Mansion or Government of Liberia was not communicating with the RUF. Further, there was no radio in Liberia in February 1998 with the call sign Base 1.6099 He stated that Base 1 was not establi shed until after the Camp Johnson Road incident in mid-September 1998 when Sunlight also became the radio operator there.6100

Deliberations

276 1. The Trial Chamber notes that TF 1-516's evidence on the alleged radio message from Base 1 is uncorroborated, and contradicted by DCT-008. DCT-008 denied that a radio message was sent and denied further that Base 1 was operational at the time the radio message allegedly was sent, having only been established at Yeaten 's house in September 1998.6101

2762 . With regard to the Defence's submission that Base 1 was not in operation at the time TF 1-516 allegedl y received the radio message from Sunlight, the Trial Chamber recalls its finding that Base 1 was operational at the time ofthe Intervention.6 102

2763. TIle Defence has given a number of other reasons why, in its submission, it has not been proven beyond reasonable doubt that TFl-516's evidence is true. The Trial Chamber will address these in tum.

2764. The Defence submits that TF 1-516's evidence should not be believed because he seemed "to treat such communication as standard" when, in its submission, the RUF is more

6098 DCT-008, Transcript 24 August 20 10, pp. 46948-46951 (PS). 6099 DCT-008, Transcript 31 August 20 10, pp. 47600-47601. 6 100 DCT-008, Transcript 24 August 20 10, pp. 47026-4 7030. 6 101 DCT-008, Transcript 24 August 20 10, pp. 47026-47030; Transcript 31 August 20 I0, pp. 47600-47601. 6 102 Operational Support: Communications, RUF and NPFL Radio Codes and Communications.

Case No.: SCSL-03-01-T 18 May 2012 likely to have expressed surprise or outrage at the first call received from Base 1 which would have alerted them to its monitoring of RUF communications. The Trial Chamber is unable to draw conclusions based on speculation as to how a radio operator should or would respond to such a communication and therefore places no weight on such considerations. Moreover, the Trial Chamber notes its finding that RUF radio codes were shared with the NPFL 6103 and that NPFL radio operators were therefore able to monitor transmissions.Y'" It is therefore not surprising that the transmissions were monitored.

2765. The Defence maintains that the Liberian and RUF codes differed and that the radio operators in Liberia were not in possession of the RUF radio codes in February 1998, citing the evidence of Dauda Aruna Fornie.6 105 The Defence submits that Fornie testified that "the Liberians were only given the RUF radio code when he took the code to them on Bockarie's second visit, later in 1998". The Trial Chamber has reviewed the evidence cited and notes that the witness testified that he brought new radio codes to Base 1 during this visit to Monrovia in mid-1998 because they, together with the frequencies, were changed every two or three months. 6 106 This evidence does not in itself preclude the possibility that the Liberians had the radio codes in February 1998. It is therefore irrelevant that the Liberian codes were different. Furthermore, the Trial Chamber recalls its finding that the codes were necessary for purposes of security and confidentiality, but that the codes were not necessary for communication to take place.6107

2766. The Trial Chamber notes that communications were restricted between the Liberian and Sierra Leonean radio stations. 6108 However, the evidence shows that this was a matter of protocol rather than a technical barrier. 6 l09 Nevertheless, the Trial Chamber notes that a communication from Base 1 to Gullit's forces in Kono rather than RUF headquarters would not have been in accordance with the protocol. In light ofthe circumstances suggested by the message, namely concern over the imminent withdrawal from Kono by Gullit, the Trial Chamber is ofthe view that a direct communication might well have been undertaken due to

6 103 Operational Support: Communications, RUF and NPFL Radio Codes and Communications.

6 104 Operational Support : Communications, RUF and NPFL Radio Codes and Communications.

6 105 Defence Final Trial Brief, para. 1497. in which it refers to the testimony of Dauda Arona Fornie. Transcript 2 December 1998, p. 21516.

6 106 Dauda Arona Fernie. Transcript 2 December 2008. pp. 21516-2151 9.

6 107 Operational Support: Communications, RUF and NPFL Radio Codes and Communications.

6 108 Operational Support : Communications, RUF and NPFL Radio Codes and Communications.

6 10'1 Operational Support: Communications. RUF and NPFL Radio Codes and Communications,

Case No.: SCSL-03-01-T 18 May 2012 390.27

the urgenc y of the situation and does not find that this breach ofprotocol raises a doubt as to the credibility ofthe allegation.

2767. The Trial Chamber does not find dispositive Mohamed Kabbah's evidence that he did not see or hear any message from Charles Taylor ordering the RUF to hold Kono or any radio message that could have come from Charles Taylor whereby orders were given about operations in Kono or the retreat from Freetown . First, the communication in question, asking why the troops were retreating from Kono, does not fall into any of the categories of message he was cross-examined on, even if it had clearly emanated from the Accused. Second, the message was said to have come from Sunlight, and the Trial Chamber does not agree with the Defence 's assertion that Kabbah treated Sunlight as an extension of Taylor. There are instances in Kabbah 's testimony where he makes a clear distinction between messages emanating from Sunlight and from Taylor. 61l o Finally, notwithstanding the foregoing, the evidence of one radio operator that he never saw a particular message is not conclusive of the fact that it was not transmitted, particularly in view of the fact that it was allegedly sent to a radio station in Kono, not Buedu or Kailahun where Kabbah was based during this period.

2768. While the testimony ofTF 1-516 with regard to the message received from Base 1 IS uncorroborated, the Trial Chamber notes its finding that TFI-516 is a generally credible witness ."!" In light of the foregoing considerations, the Trial Chamber does not find that the arguments of the Defence raise doubts as to the credibility of his testimony with regard to this message.

Findings

2769. In light of the foregoing, the Trial Chamber finds that the Prosecution has proved beyond reasonable doubt that when the AFRC/RUF forces were pulling out of Kono during the Intervention, the radio station of Benjamin Yeaten in Monrovia, intercepted a radio transmission between AFRC/RUF radio stations about the withdrawal and intervened to ask why the forces were withdrawing.

6 110 See for example Mohamed Kabbah, Transcript 16 September 2008. p. 16365.

0 111 Credibilit y Assessment, TFI-516, paras 275-284.

Case No.: SCSL-03-01-T 18 May201 2 2. Operations in Konoo112 (Early 1998)

Submissions ofthe Parties

2770. The Prosecution alleges that when Johnny Paul Koroma was retreating from Freetown after the Intervention, the Accused told him to secure Kono, following which Koroma gave orders to all the fighters and commanders to go and capture Kono. After the initial attempt was unsuccessful, the Accused again instructed Koroma to try to capture Kono, which the forces then did.6113 The Prosecution submits that the instruction was given in order to enable the Accused to send a helicopter from Monrovia to pick up Koroma and his family.611 4 The Prosecution alleges that , con sistent with the earlier instruction from the Accused, Koroma held a meeting after he arrived in Koidu Town and talked about the necessity to hold the ground in Kono.6115

277 1. The Prosecution also submits that the Accused instructed Bockarie to hold Kono because it was one of the prominent diamond mining areas of the country. Bockarie passed this message on repeatedly, making it clear that securing Kono would enable the RUF to obtain materiel and other supplies from Taylor. Finally, the Prosecution alleges that the instruction to hold Kono was reiterated by the Accused at a secret meeting of AFRC/RUF fighters through his representatives Ibrahim Bah and Daniel Tamba (a.k.a. Jungle).611 6

2772. The Defence challenges the allegation that the Accused instructed Johnny Paul Koroma to attack on Koidu Town based on the fact that the key witness to the alleged conversation, Samuel Kargbo, admitted that he did not actually hear the con versation between Taylor and Koroma and on Mohamed Kabbah's evidence that he did not hear or see any message from Taylor telling the RUF to hold Kono.6117 The Defence denies that the

6112 The Trial Chamber notes that witnesses also refer to Koidu Town, the principal town in Kana District as (most frequently) Kana and (occasionally) Sefadu. See for example Perry Kamara, Transcript 5 February 2008, pp. 3102 , 3163 where he explains that although people use all the names, Kana is more frequent. See also Alice Pyne, 19 June 2008 , p. 12238; TF l-263, Transcript 8 October 2008, p. 18054. 6 113 Prosecuti on Final Tri al Brief, paras 145. 151,359.

6 114 Prosecution Final Trial Brief, paras 145,151,359. 6 115 Prosecution Final Trial Brief. paras 152. (, l i b Prosecution Final Trial Brie f, paras 153-154,359.

61 17 Defence Response to Prosecution Final Trial Brie f, para. 29.

Case No.: SCSL-03-0 I-T 18 May 20 12 Accused communicated with Johnny Paul Koroma VIa satellite phone at any time until 1999.6113

6ll9 2773 . The Defence also denies that Taylor instructed Bockarie to hold Kono .

Evidence

Prosecution Witness Samuel Kargbo

2774. Witness Samuel Kargbo, an AFRC Supreme Council member,6l20 testified that during the Intervention, he travelled fr om Kono and drove Johnny Paul Koroma, his family members, radio man, Banjah Marrah, and his bodyguards from Fogbo to Masiaka, where 612l they stayed part ofthe night, and then to Magbonkineh via Makeni. Upon their arrival in Magbonkineh, Koroma used a satellite phone to make two calls. The first call was to the BBC, telling them that he was "up the hills" in Freetown and would soon return to the city. 6l22 Kargbo stated that Koroma did not mention Operation Pay Yourself in this cal1. The second calI was to Taylor requesting him to send a helicopter to pick them Up. 6l23 Taylor told Koroma that a helicopter could not land in Magbonkineh on account of ECOMOG jet raids , and so Koroma decided that the group should move to Kabala. The witness explained that he could hear Koroma speaking but not Ta ylor.6124

2775. Kargbo then travelled with Koroma and his group to a village close to the Guinean border near Kabala, but Koroma's wife was recognised and so the group returned to the outskirts of Magbonkineh in order to avoid detection.6125 At that point, Koroma told the

1i118 Defence Final Trial Brief: para. 860.

6 119 Defence Response to Prosecution Final Trial Brief, paras 29-30.

6 120 Samuel Kargbo, Transcript 21 May 2008, pp. 10439, 10448, 10450; Exhibit P-058, "Excerpts from the Sierra Leone Gazette No. 52,4 September 1997", ERN 7703-7704. 6121 Samuel Kargbo, Transcript 21 May 2008, pp, 10484-10486.

6 122 Samuel Kargbo, Transcript 21 May 2008, pp. 10486-10487; Transcript 3 June 2008, p. 10793.

6 123 Samuel Kargbo, Transcript 21 May 2008, p. 10487.

6 124 Samuel Kargbo, Transcript 21 May 2008, pp. 10486-10487, 10491. In the witness's first account of this call he testified that afterwards, Koroma told them they were going to wait for the helicopt er (Samuel Kargbo, Transcript 21 May 2008, p. 10487). In the second account, Kargbo testified that Taylor told Koroma that it was not possible for the helicopter to come to Magbonkineh because of the Alpha Jet raids by ECOMOG and that Johnny Paul Koroma therefore decided to move to Kabala (Samuel Kargbo, Transcript 21 May 2008. p. 10491). On cross-examination, Kargbo stated that after this phone call with Taylor, Koroma told him that the helicopter would not be possible and they. Koroma and Kargbo, then decided to go to the Liberian bord er through Kailahun (Samuel Kargbo, Transcript 2 June 2008, p. 10753).

6125 Samuel Kargbo, Transcript 21 May 2008, pp. 10491-10494.

Case No.: SCS L-03-01-T 18 May 2012 witnes s that he had spoken to Taylor again who had instructed him to capture Kon0 6 126 as it would be easier to collect them via a helicopter from there. 6 127 Kargbo testified that on Koroma's orders he, Akim , Rambo and Superman then went back to Kabala to call all the RUF and AFRC commanders in the villages there to a meeting in Kabala Town. At the meeting they made arrangements tor the attack on Kono and thereafter "everyone" headed tor Makeni, where they joined other AFRC and RUF fighters and assembled as a team to advance on Kono. 6 12S Superman, Akim Turay and Hassan Papa Bangura were in the advance team. Koroma was in the middle group with the witness and SAJ Musa and Issa Sesay's group was at the back. 6 129

2776. Kargbo testified that after the initial attack on Kono failed because they had met resistance at the Mamudu checkpoint, he returned with Koroma and others to Makeni, where Koroma contacted Taylor via satellite phone. Taylor reiterated the instruction to capture Kono and said that if Koroma did so, Taylor would send a helicopter for Koroma and his family. Kargbo said that he knew about this conversation because he was close to Koroma although he did not hear what Taylor was saying. At that point, the credit in Koroma's 6 130 satellite phone ran OUt. Kargbo gave evidence that following this phone call, Koroma told inter alia Superman and the witness to go talk to the AFRC/RUF troops to convince them to advance again on Kono. They did so and this time the Junta fighters were successfu1.6 131 The witness noted that Johnny Paul Koroma did not disclose to the troops that a helicopter would be pic. ki mg h' im up.6 132

2777. One or two weeks after Koidu Town was captured, Koroma decided to travel to Kailahun when Superman delivered a radio message from Bockarie in Buedu to the effect that Bockarie had spoken with Taylor, who had instructed that Koroma and his group should travel to Kailahun, since it would not be possible to land a helicopter in Koidu Town on

6 126 The Trial Chamber notes that Kargbo tends to use Kono and Koidu interchangeably. When asked directly what he means by Kono, he refers to the whole District but when then asked where the fighters recaptured, he says Koidu Town despite having referred to it as Kono (Samuel Kargbo, Transcript 21 May 2008, pp. 10499­ 10500). 6 127 The witness gave contradictory testimony as to whether the Accused called Korom a (Samuel Kargbo, Transcript 21 May 2008, p. 10492) or vice versa (Samuel Kargbo, Transcript 21 May 2008, p. 10494) on this occasion. 6 128 Samuel Kargbo, Transcript 21 May 2008, pp. 10494-10496. 6 12q Samuel Kargbo, Transcript 21 May 2008, pp. 10496, 10499. 6 130 Samuel Kargbo, Transcript 21 May 2008. pp. 10496-10497. 6 131 Samuel Kargbo, Transcript 21 May 2008, pp. 10497-10498. 6132 Samuel Kargbo, Transcript 21 May 2008, pp. 10497; Transcript 22 May 2008, pp. 10511-10512.

Case No.: SCSL-03-0 1-T 18 May 2012 account of the jet raids. Kargbo testified that Koroma could not contact Taylor himself using his satellite phone since he had no credit after the last call with Taylor and he did not possess a radi 0 set.6133

2778. Koroma accordingly convened a meeting of the AFRC and RUF high command at which he announced that he was going to meet Taylor in Monrovia but would be back. He ordered the fighters to "hold the ground" in his absence.6 134 The witness testified that he and Rambo were appointed to accompany Koroma to Kailahun together with Issa Sesay and Mike Lamin.6 135

2779. Kargbo testified that they arrived in Buedu in the last week of February or early March. The next day, Sam Bockarie met Koroma in the witness's presence and told him that Charles Taylor had told him that he would send vehicles to pick Koroma up. About one or two weeks into March, four or five white Land Rovers arrived without registration plates. The witness saw Colonel Jungle and a few SS men in blue combat uniforms as well as some men in civilian clothes. These men were subsequently introduced to him by Bockarie as Jungle, General Ibrahim, Mohamed Sekou Toure and Abu Keita. As they were preparing to leave, the witness then described an attack by the RUF commanders on Koroma's party, including himself: during which he testified that he was flogged . They told Koroma to hand over the diamonds he was planning to take to Liberia. Following the attack, Kargbo testified that he was put into a dungeon with Koroma's entire family, with the exception of Koroma himself, and Moses Kabia and his family, and their diamonds were taken from them.6 136 Issa Sesay later told Kargbo that the attack had been provoked when Moses Kabia (a.k.a. Rambo) had started complaining that Koroma's party was planning to escape to Liberia with 6 13 diamonds. ? Upon his subsequent release, Kargbo was told that the vehicles and men had returned to Liberia and that Bockarie had accompanied them.6 138

6 133 Samuel Kargbo, Transcript 2 1 May 2008, pp. 10500-1050 I. On cross-examination, the witness explained that although they had two radio handsets with them, one belonging to Johnny Paul Koroma's radio operator Banjah Marrah and Kargbos own, they stopped functioning as they reached Masiaka/Makeni because Nigerian forces had tampered with the receiver (Samuel Kargbo,Transcript 3 June 2008, pp. 10791- 10792). 6 134 Samuel Kargbo, Transcript 21 May 2008, p. 1050I. 6135 Samuel Kargbo, Transcript 21 May 2008, pp. 1050 1-10504. 6 136 Samuel Kargbo, Transcript 22 May 2008, pp. 10520, 10523-10540. 6137 Samuel Kargbo, Transcript 22 May 2008, pp. 10530-10531. 6138 Samuel Kargbo, Transcript 22 May 2008, pp. 10542-10543, 10618-10619.

Case No.: SCSl -03-01-T 18 May 20 12 Prosecution Witness TF 1-371

2780. Witn ess TFl-37l , a senior RUF member, testifi ed that he retreated from Freetown with Johnny Paul Korom a and the Junta leaders after the Intervention.Y'" After a meet ing in Masiaka to discuss, inter alia, the location of a new AFRC command post the group proceeded to Makeni. Koroma had already moved to his home village on the Mak eni-Kabala highway.61 40 In Makeni, a second meeting was convened at Teko barracks at which Kailahun Town in Kailahun Distri ct was chosen as the new AFRC headquarters. A convoy was then organised to head for Kailahun via Kono Distri Ct.6141The witness testified that he stayed in both Masiaka and Makeni for a couple ofdays.61 42

278 1. When the first attack on Koidu Town failed due to heavy resistance on the outskirts of Koidu, a number of the Junta commanders, including the witness and Issa Sesay, decided to retreat but others, one of whom was Koroma's Chief Security Offi cer Ramb o and "one called Papa", rem ained in the outskirts of Koidu and reorganized for a second attack.6143 During the retreat from Koidu, but "halfway to Makeni", someo ne from the frontline came and inform ed the retreating commanders that Koidu Town had been captured. Johnny Paul Korom a was with the witness when he entered Koidu.6144

2782 . After a short time in Koidu, the witness moved with Johnny Paul Koroma, his securities, Moses Kabia (a.k.a CSORamb o), Issa Sesay, Morris Kallon and most of the AFRC ministers to Kailahun, arriving some time in mid-March.P!" The witness testified that the order to take Johnny Paul Koroma to Kailahun Town came from Sam Bockari e.6146 Throughout the journey from Kono to Kailahun, they had a VHF radio on which they we re communicating with Bockarie.6147

6139 TF I-37 1,Transcript 28 January 2008, pp. 2348-2349 (CS). 6140 TF I-371, Transcript 28 January 2008, pp. 2350-2352 (CS). 6 14 1 TF 1-371, Transcript 28 January 2008, pp. 2354-2356 (CS). 6W TF I-37 1, Transcript 28 January 2008, pp. 2352; 2354 (CS). 6 14.1 TF I-37 1, Transcript 28 January 2008, pp. 2357-2358 (CS). 6 144 TF I-37 1, Transcript 28 January 2008, pp. 2358-2359, 236 1 (CS). 6 145 TFI -37 1, Transcript 28 January 2008, pp. 236 1-2363 (CS). 6 146 TFI-371, Transcript 28 January 2008, p. 236 1 (CS). 6 147 TF I-371, Transcript 28 January 2008, p. 2363 (CS).

Case No.: SCSL-03-0 1-T 18 May 2012 2783 . Shortly after they arrived in Buedu, the witness saw Ibrahim Bah who told him that he was there on Taylor's orders.6148 The witness described how, while Bah was in Buedu, there was a disagreement between Moses Kabia and Johnny Paul Koroma's wife, as a result of which Kabia told the witness, Issa Sesay and Morris Kallon that Johnny Paul Koroma 6149 was intending to escape with diamonds. Sam Bockarie ordered that the diamonds be taken from from Koroma.6150 Bockarie then travelled with Ibrahim Bah back to Monrovia to take the diamonds to Taylor.6151 When Bockarie returned from Monrovia, Daniel Tamba (a.k.a. Jungl e)61 52 was accompanying him.6153

2784. When Exhibit 0 -008 was put to the witness on cross-examination, TF 1-371 confirmed that "Big Brother,,61 54 is Charles Taylor but he did not know who "Benjamin,,61 55 was.6156 "Bra,,615 7 is Sam Bockarie.6158 TFI-371 then testified that the Adjutant General, Rashid Sandi , who was with Bockarie at the time, was trying to explain about the meeting that they had with Benjamin Yeateri at Koindu. The reference to an instruction "to sneak with J.P.Koroma to Monrovia to avoid suspicion",6159 comes from Rashid Sandi's report about the meeting with Benjamin Yeaten in Koindu and was to be done to avoid the alarm of ECOMOG who were still in the axis on the "Lofa, Gbarnga and Monrovia" highway.61 6o TFl-371 agreed'i'"' that they later decided to send Issa Sesay on the mission to Burkina Faso for "logistical materials".

6 148 TFI-371, Transcript 28 January 2008, pp. 2366-2367 (CS). 6 149 TFI-371, Transcript 28 January 2008, p. 2367 (CS). 6 150 TFI-371, Transcript 28 January 2008, p. 2368 (CS). 6 151 TFI-371, Transcript 28 January 2008, pp. 2370-237 1 (CS). 6152 The witness called this person "Denis Tamba" but given the similarity of this name to Daniel Tamba and the witness's use of the pseudonym "Jungle", the Trial Chamber is satisfied that the witness is referring to Daniel Tamba. 6 153 TFI-371, Transcript 28 January 2008 , p. 2372 (CS).

6 154 With reference to Exhibit D-008, "Unofficial Translation - Verbatim Report on a Recorded Discussion between Cpl. Foday Sankoh and his Cohorts on his Return from Detention", ERN 12959 and ERN 12960. 6 155 With reference to Exhibit D-008," Unofficial Translation - Verbatim Report on a Recorded Discussion between Cpl. Foday Sankoh and his Cohorts on his Return from Detention", ERN 12959. The witness was read the passage "this.. .coincided with Benjamin leaving for Monrovia also". 6156 TFI-371, Transcript I February 2008, pp. 2940, 2942, 2944 (CS). 6157 With reference to Exhibit 0-008, " Unofficial Translation - Verbatim Report on a Recorded Discussion between Cpl. Foday Sankoh and his Cohorts on his Return from Detention" , ERN 12959 and ERN 12960. 6 158 TFI-371, Transcript IFebruary 2008, pp. 2940, 2943 (CS).

6 159 With reference to Exhibit 0-008, " Unofficial Translation - Verbatim Report on a Recorded Discussion between Cpl. Foday Sankoh and his Cohorts on his Return from Detention", ERN 12959. 6 160 TFI-371, Transcript IFebruary 2008, p. 294 1 (CS).

6 161 With reference to Exhibit D-008, " Unofficial Translation - Verbatim Report on a Recorded Discussion

95 1 Case No.: SCSL-03-0 1-T / 18 May 2012 2785 . TFl-371 also testified that after one of the trips to Monro via in 1998, Bockarie came back excited because he had made contact with Taylor and confirmed that the diamonds that had been taken from Johnny Paul Koroma were in Taylor's possession.6162 At a meeting attend ed by the witness after Bockarie's return, Bockarie mentioned that he had received a "specific instruction" from Taylor that the RUF should "ensure that we maintain Kono". The witnes s explained that, after that, Bockarie intensified the mining in Kono and Tongo Fields "so as to enable [him] to pay for those materials". He stated that Kono had always been the "bread basket" for the Junta - the only source of sustaining the armed rebell ion through the diamond products.6163

Prosecution Witnes s Isaac Mongor

2786. Witness Isaac Mongor, an RUF senior commander.Y'" testified that he was amongst those who fled Freeto wn during the Intervention.6165 The witness testified to a pre-existing plan made in Freetown during the Junta period for Johnny Paul Koroma to visit Taylor in Monrovia.6 166 During the retreat from Freetown, he received a radio message from Johnny Paul Koroma to go to Makeni . Upon his arrival, he met a numb er of the AFRC/RUF commanders like Superman, Gullit , Issa Sesay and Five-Five. Koroma was not there, however, as he was in his village, Magbonkineh, which is situated around 1.5 miles from Binkol o.6 167

2787. While in Makeni , Mongor recei ved an instruction from Sam Bockarie, telling him to bring Johnny Paul Koroma to Kailahun and to stay with him in the meantime to ensure that nothing happens to him. When the witness met with Koroma in his village, he explained Bockarie 's order and they agreed that it was time to execute the plan to visit Taylor; Koroma told the witness that he would move to Buedu in order to enable him to cross over into

between Cpl. Foday Sankoh and his Cohorts on his Return from Detention", ERN 12957. 6 162 TFI-371, Transcript 28 January 2008, p. 2384 (CS). 6 163 TFI -371, Transcript 28 January 2008. pp. 2384-238 5 (CS).

6 164 See for example: Isaac Monger, Transcript 11 March 2008. pp. 5749-5750, 5760-5764; Transcript 31 March 2008, pp. 6204-6206, 6224-6225; Transcript 3 April 2008. pp. 6512-65 13, 6551-6556. 6613-66 15. 6 165 Isaac Mongor, Transcript 11 March 2008, pp. 5733-5735.

6 166 Isaac Mongor, Transcript 11 March 2008, pp. 5717-5718, 5725-5726. 6 167 Isaac Mongor,Transcript II March 2008, pp. 5735-5736.

Case No.: SCSL-03-0 1-T 18 May 20 12 ,~ Liberia easily because it was so close. The witness then returned to Makeni to organise the

attack on Koid01 u T own wit . h Supennan.6168

2788. Mongor was one of those at the front of the convoy heading to Koidu Town. He testified that he told Superman that it would be better for him to stay with "the Pa", Koroma, while the witness led the advance. DUling the advance, the AFRC/RUF fighters were ambushed, which forced some ofthem to retreat with Johnny Paul Koroma to Makeni. Mongor was one of those who did not retreat, but continued fighting and managed to successfully enter Koidu Town. He stated that he was later told that Johnny Paul Koroma had retreated so he went back to Makeni and brought Koroma to Koidu Town.6169 A while after they anived in Koidu Town, the BBC announced that Koroma was there so they decided to send him to Kailahun straightaway. The witness testified that he therefore cleared the road to Gandorhun before sending for Koroma who then advanced with Issa Sesay, Akim Turay, Leatherboot and some other commanders to Kailahun.6170 Prior to leaving for Buedu, Johnny Paul Koroma restructured the AFRC/RUF troops in Koidu Town and informed the commanders that he had spoken to Taylor and was going to meet him in Monrovia.6171

2789. Mongor said that Sam Bockarie gave the order to hold Kono . He thought that the order was given "because it was in Kono we did our mining. It was there we got our diamonds from". 6172

Prosecution Witness Perry Kamara

2790. Witness Perry Kamara, an RUF radio operator,61 73 who was in Makeni in February 1998,6174 testified that after the Intervention, the main RUF commanders, including Johnny Paul Koroma, escaped Freetown and came to Makeni.6175 Kamara attended the Junta meeting in the Flamingo area at which the Kono attack was organised. The meeting had

6168 Isaac Mongor, Transcript 11 March 2008, pp. 5735-5737. 6169 Isaac Mongor, Transcript 11 March 2008, pp. 5737-5738. 6 170 Isaac Mongor, Transcript 11 March 2008, p. 5738. 6 171 Isaac Mongor, Transcript 11 March 2008, pp. 5740-5742. 6172 Isaac Mongor, Transcript 11 March 2008, pp. 5744-5745. 6 173 Perry Kamara, Transcript 4 February 2008, p. 3039. 6 174 Perry Kamara, Transcript 5 February 2008, p. 3094. 6 175 Perry Kamara, Transcript 5 February 2008, pp. 3094-3095.

953 Case No.: SCSL-03-01-1' 18 May 20 12