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Sent the Accused Kanu Along to Support Them.716 Musa Referred to the Accused Brima As the Commander Ofthis Advance Team.717 V. G

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Sent the Accused Kanu Along to Support Them.716 Musa Referred to the Accused Brima As the Commander Ofthis Advance Team.717 V. G sent the Accused Kanu along to support them.716 Musa referred to the Accused Brima as the commander ofthis advance team.717 v. George Johnson 370. The Trial Chamber has considered the objections raised by the Defence on the credibility and reliability of George Johnson. 718 The Trial Chamber observes that the witness provided consistent and detailed evidence during his examination in chief and that he was not shaken on cross-examination. The Trial Chamber further found that his overall demeanor on the stand indicated candour. Thus, it concludes that the witness was generally credible and reliable. 371. George Johnson was present throughout the journey from Mansofinia to Rosos and he described the Accused Brima as overall commander ofthe advance team. 719 b. Defence Witnesses 723 724 372. DBK-13l,720 DAB-012, 721 DAB-033,722 DAB-09S and DAB-lS6 all testified that the top commanders leading the advance team were FAT Sesay, 'Major Eddie', George Johnson and/or 'O-Five' and 'Captain King'. However, none ofthese witnesses were part ofthe advance group and thus their evidence on the command structure during this period constitutes hearsay. 373. Two Defence witnesses - DBK-l13 and DBK-037 - were present during the journey from Mansofinia to 'Colonel Eddie Town'. 374. Witnesses DBK-l13 testified that FAT Sesay was the senior AFRC soldier at Mansofinia and that he was the overall commander of the AFRC troops during the journey to Rosos.725 At 716 TFl-153, Transcript 22 September 2005, p. 57. 717 TFl-153, Transcript 22 September 2005, p. 57. 718 Brima Final Brief, paras 198-200. 719 George Johnson, Transcript 15 September 2005, pp. 50, 59. 720 DBK-131, Transcript 26 October 2006, p. 41-44. The witness said that FAT Sesay was the overall commander, and that King, Eddie, George Johnson and Tito were part of the group. 721 DBK-012, Transcript 5 October 2006, pp. 105-106. The witness testified that FAT was the overall commander of the advance team, that Col. Eddie was his adjutant and that Captain King was the third in command. 722 DAB-033, Transcript 25 September 2006, pp. 55-56. The witness testified that FAT Sesay, George Johnson, and Eddie were the overall commanders ofthe advance team. 723 DAB-095, Transcript 20 September 2006, pp. 56-58. The witness testified that Eddie was the overall commander of the advance team, and that he left with George Johnson and O-Five. 724 DAB-156, Transcript 29 September 2006, pp. 78-79. The witness testified that George Johnson 'vas the overall commander ofthe advance team. 725 DBK-l13, Transcript 13 October 2006, 28-29. Case No. SCSL-2004-16-T 125 20 June 2007 Rosos, FAT remained the overall commander and Col. Eddie was his Deputy.726 However, the witness said that the troops were split up into several groups. The first group, the 'fighting force', was followed by a second group ofpersons carrying supplies. The witness was part ofa third group that was made up of civilians and followed the 'fighting force' at a distance. Thus, by the time his group reached villages the population had already fled, meaning that any crimes would have been committed by the first or second groups.727 375. In addition, the evidence of witness DBK-l13 regarding the journey is much less detailed than that of Prosecution witnesses TFl-334 and George Johnson. The Trial Chamber also has concerns about the witness's credibility because he testified that no child soldiers were abducted between Mansofinia and Rosos, that he did not see child soldiers at Rosos728 and that he did not hear of rapes or 'bush wives.,729 The Trial Chamber observes that both Prosecution and Defence witnesses described crimes committed by troops as they advanced from Mansofinia to Rosos. Thus, the Trial Chamber concludes that Witness DBK-l13's testimony on the command structure of the advance team is unreliable. 376. Defence witness DBK-037 also testified that the overall commander of the advance team was FAT Sesay. Sesay was deputised by 'Col. Eddie', a man named 'King', and Prosecution witness George Johnson.730 Although the witness was a member of the advance team, apart from providing this information about the command structure and insisting that the Accused Kamara was not present at Camp Rosos, he provided very little detail about the journey from Mansofinia to 'Colonel Eddie Town'.731 The witness also testified that he saw no children or civilians at Camp Rosos,732 although on cross-examination he stated that he saw the children of the fighting forces there.733 The Trial Chamber therefore concludes that the evidence of witness DBK-037 with regard to the command structure ofthe advance team is unreliable. 377. The parties have submitted conflicting evidence on the command structure of the advance team, an issue fundamental to both the Prosecution and Defence cases. The Trial Chamber finds the evidence of the Prosecution witnesses who placed the Accused in Koinadugu and Bombali Districts 726 DBK-113, Transcript 13 October 2006, pp. 25-27, 103. The witness testified that he was at Mandaha with Joseph Tamba, Bioh, FAT, Junior Lion and Arthur. 727 DBK-1l3, Transcript 13 October, pp. 20-21. 728 DBK-113, Transcript 13 October 2006, p. 77. 729 DBK-113, Transcript 13 October 2006, pp. 78, 84. 730 DBK-037, Transcript 3 October 2006, pp. 94-96. 73\ DBK-037, Transcript 3 October 2006, pp. 95-97. 732 DBK-037, Transcript 4 October 2006, p. 57. 733 DBK-037, Transcript 5 October 2006. p. 26. Case No. SCSL-2004-16-T 126 / 20 Juno 2007 during the relevant Indictment period significantly more reliable, consistent and compelling, and thus more persuasive, than that ofthe Defence witnesses. (c) Findings 378. The Trial Chamber finds that the Prosecution has proven beyond reasonable doubt its case that the Accused Brima was overall commander of the AFRC advance team that travelled from Mansofinia in Koinadugu District to Camp Rosos in Bombali District. 379. The Trial Chamber is satisfied that upon arrival in Koinadugu District, a number of AFRC commanders including the Accused Brima and Kamara went to meet with SAl Musa,734 who had remained in Koinadugu District in the period following the February 1998 intervention. While the witnesses are inconsistent regarding the precise location of the meeting,735 all agree that it was decided at the meeting that Brima would lead an advance team north east to establish an AFRC base in Bombali District and that SAl Musa and his troops would follow later.736 Musa informed Brima that Kanu would accompany the advance team.737 Numerous witnesses, both for the Prosecution and for the Defence, testified that SAl Musa's stated purpose in regrouping his forces and planning a new attack on Freetown was to reinstate the Army which had been reorganised by President Kabbah.738 380. Following this meeting, the Accused Brima called a muster parade at which he reorganised the troops and promoted individual officers.739 The promotions were based on the ability of the commanders to control their men.740 Brima promoted himself and the Accused Kamara to the rank of Brigadier.741 He also appointed the Accused Kanu as Chief of Staff, and promoted him to the 742 rank ofCoione1. The Accused Kamara remained Brima's second in command.Y 734TFI_334, Transcript 20 May 2005, pp. 83-84; George Johnson, Transcript IS September 2005, pp. 47-48; TFI-184, Transcript 27 September 2005, p. 20; TFI-153, Transcript 22 September, p. 57. 735 TFI-334 stated that the meeting took place at Mongor Bendu: Transcript 20 May 2005, pp. 86-87. Witnesses George Johnson and TFI-184 recalled the meeting being at Krubola/Kurubonla: George Johnson, Transcript IS September 2005, pp. 47-48, TFI-184, Transcript 29 September 2005, p. 20; TFI-153 was not present at the time. He testified that SAJ Musa told him that he met 'Gullit' and 'Bazzy' at Krubola but organised to meet them subsequently at Yiraia: Transcript 22 September 2005, p. 57. 736 TFI-184, Transcript 27 September 2005, pp. 19-21; TFI-334, Transcript 20 May 2005, pp. 86-87. 737 TFI-334, Transcript 20 May 2005, pp. 86-87; TFI-153, Transcript 22 September 2005, p. 57. 738 TFI-334, Transcript 13 June 2005, pp. 26-27, 49; TFI-184, Transcript September 2005, p. 8; George Johnson, Transcript 19 September 2005, p. 128; DBK-I13, Transcript 13 October 2006, p. 128; DBK-037, Transcript 3 October 2006, p.104; DAB-095, Transcript 20 September 2006, p. 51; DAB-033, Transcript 25 September 2006, p. 89; DBK­ 012, Transcript 6 October 2006, p.4; DBK-131, Transcript 10 October 2006, p. 43. 739 TFI-334, Transcript 20 May 2005, pp. 88-99; George Johnson, Transcript IS September 2005, p. 48. 740 George Johnson, Transcript 19 September 2005, p. 65. 74\ TFI-334, Transcript 20 May 2005, p. 88. 742 TFI-334, Transcript 20 May 2005, pp. 92,100-102. Case No. SCSL-2004-16-T 127 / 20 June 2007 381. Approximately three days after the meeting with Musa, Brima and the troops under his command left Mansofinia and headed south back into Kono District before heading north-west towards a region in Bombali district bordering Port Loko and Kambia districts.744 In Kono District, the troops passed through Tombodu, Peyama, Kayima, Kondea, Worodu and Yarya. From Yarya, the 'hometown' of Brima, the troops went back into Koinadugu District to Yifin and from there moved eastwards, passing Kumala and Bendugu towards the area near Bumbuna (Tonkolili district). The troops then headed further north east into Bombali district, passing through Kamagbengbeh.I'" Bomoya, Karina, Pendembu746 and Mateboi before arriving at Rosos.
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