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Case No. SCSL-2004-16-T the PROSECUTOR of the SPECIAL COURT V

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Case No. SCSL-2004-16-T the PROSECUTOR of the SPECIAL COURT V Case No. SCSL-2004-16-T THE PROSECUTOR OF THE SPECIAL COURT V. ALEX TAMBA BRIMA BRIMA BAZZY KAMARA SANTIGIE BORBOR KANU TUESDAY, 19 SEPTEMBER 2006 9.17 A.M. TRIAL TRIAL CHAMBER II Before the Judges: Richard Lussick, Presiding Teresa Doherty Julia Sebutinde For Chambers: Ms Carolyn Buff For the Registry: Mr Thomas George For the Prosecution: Mr Karim Agha Mr Charles Hardaway Mr Vincent Wagona Ms Maja Dimitrova (Case Manager) For the accused Alex Tamba Ms Glenna Thompson Brima: Mr Ibrahim Foday Mansaray (legal assistant) For the accused Brima Bazzy Mr Mohamed Pa-Momo Fofanah Kamara: For the accused Santigie Borbor Mr Geert-Jan Alexander Knoops Kanu: BRIMA ET AL Page 2 19 SEPTEMBER 2006 OPEN SESSION 1 [AFRC19SEP06 - MD] 2 Tuesday, 19 September 2006 3 [Open session] 4 [The accused present] 09:12:38 5 [The witness entered court] 6 [Upon commencing at 9.17 a.m.] 7 PRESIDING JUDGE: Well, welcome back, Mr Knoops. 8 MR KNOOPS: Thank you, Your Honour. 9 PRESIDING JUDGE: Now, which witness is this, that is now 09:19:07 10 in the box? 11 MR FOFANAH: Good morning, Your Honours. The witness is 12 DAB-142. And she will be testifying -- just a moment. Your 13 Honours, I have here on record, I don't know if the witness has 14 changed, but I have Krio. I will confirm that with the 09:19:33 15 interpreters because, normally, they change. Mr Interpreters, 16 can you kindly indicate whether Krio is still the language the 17 witness will be testifying in? 18 THE INTERPRETER: Yes, it's still Krio. 19 PRESIDING JUDGE: Mr Court Attendant, will you swear the 09:20:02 20 witness? 21 WITNESS: DAB-142 [Sworn] 22 [The witness answered through interpreter] 23 EXAMINED BY MR FOFANAH: 24 MR FOFANAH: Your Honours, she is number 50, on the 09:20:47 25 summaries, list of summaries. 26 Q. Good morning, Madam Witness -- 27 MR AGHA: Your Honours, before we proceed, if I may ask my 28 learned friends on the other side for a clarification whether 29 this, in fact, is a common witness or a witness for the first SCSL - TRIAL CHAMBER II BRIMA ET AL Page 3 19 SEPTEMBER 2006 OPEN SESSION 1 accused, because he is listed as a witness in the common list and 2 for the first accused, in his individual list. So just for some 3 clarification on that. 4 MR FOFANAH: Respectfully, Your Honours, she is a common 09:21:14 5 witness. 6 PRESIDING JUDGE: I see. All right. Thank you, 7 Mr Fofanah. 8 MR FOFANAH: 9 Q. Good morning, Madam Witness. 09:21:25 10 A. Yes. How is the morning? 11 Q. Fine, thank you. Madam Witness, listen carefully. I will 12 be asking you questions and then listen to the interpreters 13 before you give your answers and try to be as precise as you can. 14 A. Okay. 09:21:45 15 Q. So that we don't waste time. And after I have finished 16 asking you questions, my colleagues on the other side will also 17 ask you, if they so choose, questions about your testimony. 18 Madam Witness -- 19 A. Yes. 09:22:06 20 Q. You are at -- 21 A. Yes. 22 Q. -- the Kulula section of Kailahun Town. 23 MR FOFANAH: Kulula, Your Honours, is spelt, K-U-L-U-L-A. 24 A. Yes. 09:22:21 25 Q. You are married? 26 A. Yes. 27 Q. You are a Mende by tribe? 28 A. Yes. Yes, sir. 29 Q. You are a Christian? SCSL - TRIAL CHAMBER II BRIMA ET AL Page 4 19 SEPTEMBER 2006 OPEN SESSION 1 A. Yes. 2 Q. You are a trained nurse but at the moment -- 3 A. Yes. 4 Q. -- you are engaged -- 09:22:41 5 A. Yes. 6 Q. -- in trading? 7 A. Yes. 8 Q. Madam Witness, please listen carefully before you answer 9 the questions so that -- 09:22:51 10 PRESIDING JUDGE: I just missed the last bit -- 11 MR FOFANAH: Okay. 12 PRESIDING JUDGE: -- of that answer. 13 THE WITNESS: Okay. 14 PRESIDING JUDGE: Mr Fofanah. You started off asking her 09:22:58 15 if she is a trained nurse but, at the moment -- 16 MR FOFANAH: Yes, she is -- 17 PRESIDING JUDGE: -- but I didn't hear the rest of that. 18 MR FOFANAH: That is why I'm cautioning the witness to 19 listen to the questions before she can answer. 09:23:12 20 Q. Madam Witness, you are a trained nurse, but at the moment 21 you are engaged in trading? 22 A. Yes, man. 23 Q. You were born in October 1965? 24 A. Of course, yes. 09:23:29 25 Q. And you have six children? 26 A. Yes. 27 Q. Madam Witness, do you recall the year 1997, precisely the 28 month of May? 29 A. Yes. I recall that year and the month. SCSL - TRIAL CHAMBER II BRIMA ET AL Page 5 19 SEPTEMBER 2006 OPEN SESSION 1 Q. What do you recall of that month and year? 2 A. That month and year I was in Kailahun. I was with the 3 paramount chief. 4 THE INTERPRETER: Your Honours, I didn't get that name. 09:24:14 5 MR FOFANAH: 6 Q. You don't have to mention names. I mean, for your safety 7 you don't have to mention names. You said you were with the 8 paramount chief; as what? 9 A. As -- as a housewife. 09:24:30 10 Q. And did anything happen in that month and year, which you 11 can recall? 12 A. Yes, I can recall some of it. 13 Q. Please tell the Court what you can recall? 14 A. Yes. I was in Kailahun 1987 so, one particular day I was 09:25:02 15 at home and I saw people -- 16 Q. Hold it there, Madam Witness. The question I asked of you 17 was about May 1997. What you have given testimony on, is it 1997 18 or 1987? 19 A. 1987. 1987. 09:25:27 20 Q. So what happened in 1987? 21 A. I was at home. I saw people coming with joy, and I heard 22 that they had overthrown in Freetown. 23 Q. Who was overthrown, in Freetown? 24 A. I heard it was the president, President Tejan Kabbah, that 09:25:58 25 was overthrown in Freetown. 26 Q. Madam Witness, are you conversant with months, with dates? 27 A. I was thinking about May but, actually, it escaped me. I 28 think it's that time. 29 Q. Okay. So having heard about the overthrow of President SCSL - TRIAL CHAMBER II BRIMA ET AL Page 6 19 SEPTEMBER 2006 OPEN SESSION 1 Tejan Kabbah, did you know who overthrew President Kabbah? 2 A. I don't really know the person that overthrew Tejan Kabbah. 3 I only heard people and I saw them dancing and I heard it through 4 the radio. It was later that I heard, through the radio, that 09:26:53 5 there was an overthrow, but I didn't actually know the person 6 that was overthrown, or the person who overthrew Tejan Kabbah. I 7 didn't know their names. 8 Q. Do you know if any government was formed after the 9 overthrow of President Kabbah? 09:27:10 10 A. That question, please go over that question once more. 11 Q. Do you know if any government was formed after the 12 overthrow of President Kabbah? 13 A. I heard, but I didn't come to town. I was in Kailahun. 14 All I knew was when Mosquito sent. 09:27:51 15 Q. Yes. Go on. Sent what? 16 A. When he came, he sent a message to the paramount chief - 17 sorry - that he was coming and he was going on a patrol. 18 Q. Now, who is Mosquito? 19 A. Mosquito was one of the rebel leaders. 09:28:15 20 Q. What do you mean rebel leaders? Who are the rebels you are 21 referring to? 22 A. Mosquito. He was the head, when we were in Kailahun area. 23 He was the head that I knew. 24 Q. Did the rebels have any name, that you know? 09:28:38 25 A. Name? It had a name. There was a name. People had names. 26 Q. Were they formed into group or organisation, that you know? 27 A. Who are you referring to? 28 Q. The rebels, the rebels of which Mosquito was in charge? 29 A. Yes. They were in groups. SCSL - TRIAL CHAMBER II BRIMA ET AL Page 7 19 SEPTEMBER 2006 OPEN SESSION 1 Q. So what was the name of that group, if you know, or 2 organisation? 3 A. What I knew was that they referred to themselves as rebels. 4 That was all I knew. When they would go about, they would say 09:29:29 5 they were rebels. 6 Q. Okay. So now you said the only thing -- what you can 7 recall, was Mosquito went to the chief and said he was coming to 8 Freetown. Do you know -- 9 MR AGHA: Objection, Your Honour. I don't think that he 09:29:47 10 went to the chief and said that he was going to Freetown. 11 PRESIDING JUDGE: We didn't hear any evidence like that, 12 Mr Fofanah. All I have noted is that he sent a message to the 13 paramount chief that he was coming and going on patrol.
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