ARMS AND AMMUNITION one on its return to Monrovia . The trucks co ntained food, used clothing, ar ms and ammunition.10740

Prosecut ion Witness Daud a Aruna Fomie

4862 . Witness Dauda Aruna Forni e, a radi o operator, worked III Buedu from early 1998 unt il late April 1999 when he left to attend the peace talks in Lom e.10741 Fornie testi fied that thr oughout thi s peri od, Bockarie, through his radi o opera tors, would contact Benj amin Yeaten or Taylor to request military supplies. 1074 2 Yeaten's radi o operator, Sunlight. wo uld then respond that Bockarie should wa it whi le Yeat en consulted w ith "Zero-Four-S even", which Fornie understood to refer to Taylor. ,074 3 Sunlight wo uld then ca ll back and tell Bockari e that he co uld co me to Mon rovia or Bockarie sho uld send a tea m to recei ve the supplies.10m Other times, Sunlight would inform Bockarie that Yeaten wo uld despatch Jun gle, Zigzag Marzah or Liberian Mosquito with materials to Sierra Leone, 10745 and these men wo uld bring ammunition, fuel or food. 10746 Fornie knew the se individuals to be working under Yeaten in the SSS .I0747 Forn ie testified that visits from Jun gle and Zigzag Marzah in 10 748 1998 were very frequcnt.

Prosecuti on Witn ess TF 1-567

4863. Witness T F 1-567, an RUF mem ber, testifi ed that when he was based in Balahun (from after the Intervention to around Sept em ber 1998),10749 on one occasion he travell ed to Buedu, where he enco untered Bockarie, Jun gle, Zigzag Marzah, Junior Vandi and others.10750 Bockarie intro duced these men as "the Liberi an broth ers sent by Cha rles

1U140 TF 1-585. Transcri pt 8 Septem ber 2008. pp. 15663. 15778-15 782; Transcri pt 9 September 2008, pp. 15778 ­ 15782.

10 14 1 Dauda Aruna Fornie . Transc ript 2 Decem ber 2008. pp. 2 1457-2 1458. 2 16 15.

1U14 2 Dauda Aruna Fornie. Transcript 2 December 2008. p. 2 1479.

10143 The Accu sed has testified that "Zero -Fo ur-Se ven" or "041" was one of the code name s used fo r him by radio operators. Accu sed . Tran scri pt 16 September 2009. p. 28992. 10144 Dauda Ar una Fornie , Transcript 2 December 200 8, pp. 2 1527, 2 1489-2 1492.

1U14; Dauda Aruna Fomie, Transcript 2 December 2008. pp, 2 1489-2 1492 .

1014" Dauda Ar una Fernie. Transcript 2 Dece mber 2008 , p. 2 1492.

1<1 141 Dauda Aruna Fornie. Tra nscript 2 December 2008 . p. 2 149 1. IUm Dauda Aru na Fe rnie, Transcr ipt 2 December 2008. p. 2 1492.

1014" TF I-567. Transcri pt 2 July 2008, pp. 12894-1 2895.

I ON ) TF I-567. Tran scri pt 2 July 2008 . p. 12903.

1696 Case No.: SCSIAl3-0 1-T 18 May 20 12

.-:;V ~ 42~3° ARMS AND AMMUNITION

Taylor".I0751 TF 1-567 testified that the men were wearing "blue/black" overalls with the words "SOD police" written near the pocket. He was subsequently told by Jungle that "SOD" referred to the Special Operations Division, and that this Division was a police branch that served directly under Taylor.10752

4864. The witness heard Bockarie order men under his command to unload ammunition from the vehicle in which the Liberians had arrived.10753 TF 1-567 observed "RPG boxes and AK rounds" in the truck. Bockarie advised the Liberians to return that same night so as to avoid civilians becoming aware of their presence. 1 0 7 5~

4865. TF 1-567 testified that this incident occurred at the same time that Bockarie returned from Monrovia after he had been given Koroma's diamonds by Sesay.10755 However, the witness did not explicitly link Bockarie' s trip with the arrival of the ammunition.

4866. TF 1-567 testified that on subsequent trips to Buedu, he saw Sampson, Jungle and others. These men told him that they came to Bucdu bringing arms, ammunition, food and other items and that the goods had been provided by Taylor.lo756 On one occasion TF 1-567 saw the truck used to transport the goods and it was a "ten-tyred", "military" truck.1 0757

4867. TF1-567 further testified that while he was stationed in Buedu before thc Lome peace talks in July 1999, he used to see Mike Lama, Zigzag Marzah and Jungle bringing weapons to Buedu. He explained that when Jungle and others came with this ammunition "they used to say that it was the Pa, Charles Taylor, who sent the ammunition. he said because when it is time for peace he should prepare for war". He explained that meant that, as the peace talks were going on, the ammunition should be kept underground.1075&

Prosecution Witness Abu Keita

1075 1 TF I-567. Tra nscri pt 2 July 2008, p. 12903.

I Il152 TFI-567. Transcript 2 Ju ly 2008. pp. 12904- 12905. 10 753 TF 1-567. Transcript 2 July 2008, pp. 12903-12904.

IIl7 5. TF I-567. Transcript 2 July 2008. p. 12903.

1'1155 TF l-567. Tran script 2 July 2008. p. 12905.

111 750 TF 1-567. Transcript 2J uly 2008. p. 12906.

1075 7 TFI-567. Transcript 2 July 2008. p. 12906.

1075X TF 1-567. Tra nscript 4 July 2008, p. 12966.

1697 Case No.: SCSL-03-0 1-T 18 May 20 12 ARMS AND AMMUNITION

4868 . Witn ess Abu Keit a, a former member o f ULl MO-K assigned by Yeaten to Sierra Leone,10759 testifi ed that when he first moved to Buedu, so me tim e in Septembe r or October 1998,10760 Yeaten provided him with an A K-47 , a pistol, ten boxes of ammunition , a Yaesu radi o, and three forme r NPFL10761 Liberian bodyguards armed with rifles, all of which he took with him to Bucdu. I0762

4869, Keita test ified that Cha rles Taylor se nt him to Buedu, and that Taylor was in charge of the RUF. However, Keit a furthe r testified that when he arrived in Buedu, Bockarie told him that there wo uld be only one co mma nde r, and that this was not co ns istent with what Keita had been told in Monrov ia. In addition, the men Kei ta believed would be under his co mmand were taken from him. T hus the witness agreed that it would be fair to say that Bockarie disre garded the commands or directiv es of Benjamin Yeaten and that th ose co mmands and di recti ves were ultimately th ose of Char les Taylor.10 763

4870. Keit a was abl e to identify Marzah and Jungle from a photo graph'F''" and testified that he saw the two men return and bring furt her supplies of ammunition, fue l and medi cines10765 "o ften" during his time with the RUF in Sierra Leo ne, "when there was any probl em,,10.766 HI e never saw t iern "J'JIl umr orm on tIi eir" VIS ItS. to S'ierra Leo ne .10767 Ke'rta testifi ed that these men were sent to Sierra Leone by Benjamin Yeaten .1 076R

Prosecution Witn ess TF 1-516

1<17 50 Abu Keita, Transc ript 23 January 20 ll8, p. 1970.

1<17 (,/1 Ab u Keita, Transc ript 24 Janu ary 2008. p. 2 117. It is not clear whe n Kei ta left Buedu. The witness testified that he was in Bued u dur ing Janu ary 199 9. but on cross examination sa id that he was travellin g back and forth between 13 ued u and Maken i at tha t time: Transcript 23 Janu ary 2008, p. 2020 ; Transcr ipt 24 January 2008, pp. 2 140-2 142. He wa s not in Bued u by August 1999, as he was ta king part in O pera tion Mosquito Spra y in August 1999. Transcri pt 23 January 2008, pp. 2045 -2048.

IU7(, 1 Abu Keita, Transcript 23 January 2008, p. 1982.

10762 Ab u Keita. Transc ript 23 January 2008, pp. 1982-1984 .

11I7(.} Abu Keita, Transcript 24 Janu ary 2008. pp. 2 136-2137.

1117(.4 Exhibit P-04 5A, " Photograph - 000385 33", p. 38533; Exhibit 1'-0458, " Photograph - 000385 19". p. 385 19; Ab u Keita, Transcript 23 January 2008. p. 1989 . 1<17 (.< Abu Keita, T ranscript 23 Jan uary 2008, pp. 1991 - 1992.

107(,' Abu Keita, T ranscript 23 Janu ary 2008, p. 1992.

107, 7 Abu Keita, Transcript 23 January 2008. pp. 1991-1 992.

111 M Abu Keita. T ranscript 23 Jan uary 2008 , p. 1991 . Keita also testified that within the first few weeks o f his arrival in Buedu, Marzah. Sampson and Jungle arrived w ith fuel. medici ne and ammunition, which they gave to Sesay. and afte r this, Bockarie return ed to Buedu, arriving wi th two tru ck s, 300 boxes of ammunition. and 150 men who were both Liber ian and S ierra Leon ean : Abu Keit a. Tran script 23 January 2008, pp. 1988, 1993- 1995. The Trial Chamber consid e rs that the timing of thi s ship me nt may co inci de w ith and refer to the Bur kina Faso shipme nt. and has conside red it in that context.

1698 Case No.: SC SL -03-0 I-T 18 May 20 12 ARMS AND AMMUNITION

487 1. Witness TF 1-516, a radio operator stationed in Buedu from the ECOMOG Intervention to mid-1 999,«)769 testified that Zigzag Marzah. Jungle and Dopoe Menkarzon commenced bringing arms and ammunition into Sierra Leone shortly after the Intervention in 1998 to Bockarie in Buedu. According to the witness, until then, ULiMO-K had blocked the supply line between the RUF and Liberia.1077o The witness was not able to be precise about how often these men brought materiel; he testified that it happened regularly and when materiel was needed for operations.1077I He testified that requests for ammunition from Liberia were never denied, but that on some occasions Bockarie was told to wait.10772

4872. According to TF1-516, Bockarie would make a request for ammunition via radio, usually to "Base One" . Base One would then respond "[tjhe iron bird will come with your food", which the witness understood to mean that a helicopter would bring a shipment of ammunition.I077 } The request would then be transmitted to 020, the radio at the Executive Mansion, which would then notify Buedu when the helicopter would be arriving at Foya and instruct Bockarie to collect it from there. 10m Sometimes, the instruction would be to expect either Zigzag and Colonel Jungle, or General Dopoe who were en route with materiel to his location in Buedu.I077 5 The communications of requests for materiel and notification of its arrival were recorded in encoded form.I0776

4873. According to the witness, Bockarie went to Monrovia "quite often" and returned with ammunitions. He had a ten-tyred truck he used for this purpose.I077 7 Other times Jungle, Dopoe and Zigzag or other Liberians would deliver supplies to Buedu.1om The Liberian escorts would not remain in Sierra Leone after delivering the materials, and even while they were there, their movement was "restricted".l o779

1117(,Q TF1-516. Transcript 8 April 2008. pp. 6858 -6860 (The witness stated that in the rainy season of 1999 (roughly June and July) Issa Sesay ordered the witness to move to Liberia to work lo r Benjamin Yeaten). 107711 TF I-5 16. Tra nscript 8 Apr il 2008. pp. 6952-6953. 111 771 TF I-5 16. Transcri pt 8 April 2008. pp. 6954. 6965 . 111 772 TF 1-516. Transcript 8 April 2008. p. 696 5.

10773 TF I-5 16. Tra nscrip t 8 Apri l 2008 . p. 6949 . 111m TF I-5 16. Tra nscript 9 April 2008. pp. 6949 -695 1. 111 m TF I-516, Transc ript 9 April 2008. p. 6951.

1017(, TF I-5 16. Tra nscrip t 9 April 2008. p. 6954 . 111777 TF I-5 16. Transcript 8 Apri l 2008 , p. 6955 . 111 m TF 1-516. Transcript 8 April 2008. p. 6957. 111779 TF 1-516. Tra nscript 8 April 2008 . p. 695 8.

1699 Case No.: SCSL-03-0 1-T 18 May 20 12 J. ARMS AND AMM UNITION

4874 . On cross-examinatio n, TF 1-516 ex plained that he was ab le to deduce when instructions were co ming from Yeaten wh en they originated from the ca ll sig n "B ase One", locate d at Yeaten' s resid ence in Mo nrovia, and when instructions were coming from "the President" because they originated from the ca ll sign "020", located at the Exec utive I0780 Mansion in Mo nrov ia. Further, a ltho ugh he knew that some of th e men brin ging supplies, such as Dopoe, took orde rs from Yeaten, he understood that Yea ten, whom he referred to as "S O",lOnJ took orde rs from Tay lor because Yeaten had previously made re ference in the co ntext of the military operation in Voi nja ma that the President was his chie f. lo782

487S. TF 1-516 testifi ed that the tlyin g of ammunition to Foya via helicopter only co mme nce d in 1999 when insurgents began attacks on Lofa Co unty. Prior to this, materials 10783 we re transported by land. He also stated that the RU F had a "special group of arm ed men " assigned in Foya to keep security at the airfie ld,10784 and that Foya was a strateg ic point wherein to coordinate meetings with those who were se nt from Mo nrovia and those to I078 5 be taken to Monrovia from Sierra Leo ne. Regardless of how material arrived in Foya, they wo uld be taken into Buedu by road and then turn ed over to the G-4 Comma nde r. lo786 Bockar ie wo uld sign docu men ts ack no wledgi ng rece ipt of the shipme nts.

4876 . TF I- S 16 was insisten t that the rad io requests for materiel we re only for I07R7 ammunitions, not arnls.

4877. TF I-S 16 also attested to bei ng person ally involved in arms and ammunitions shipme nts du ring the peri od June 1999 to December 200 I when he was assigned to wo rk for Benjamin Yeaten . O n cross-examination, TF l -51 6 was asked how many tim es he crossed between Liberia and Sierra Leon e dur ing this period. The witness stated that there we re " so many instances, so many times I crossed bac k into Sierra Leo ne and so me of the times they

lu 7KO TF I-5 16. Tra nscrip t 9 April 2008 . p. 700 1; Trans cript 8 April 2008. pp. 6860 -686 1. 6921 : Transcript 9 April 2008, p. 7021. 1IJ7KI TF I-5 16, Transcript 8 Apri l 2008 . pp. 6858-6860.

10 7K2 TF I-516, Tra nscript 9 April 2008, pp. 700 1-7002.

1IJ7K; TF I-5 16, Transcri pt 8 Apri l 2008, p. 6955 . 10m TF I-5 16, Transcript 8 Apri l 2008, p. 6955: corroborated by TF I-338, Tra nscript 4 Septemb er 2008, pp. 15552-15553. IU7K; TF1-5 16, Transcript 8 April 2008. p. 6956.

I0 7U, TF I-5 16, Transcript 8 Apri l 2008. pp. 6957 -6958. lu 7K7 TFI -5 16, Transcript 8 Apri l 2008, pp. 6949, 6965 .

1700 C [L~ e No.: SCSL-0 3-0 1-T 18 May 20 12 ARMS AND AMMUNITION were moving w ith materials,,1 0788 but ga ve no spec ific information of dates, quantities, types of weapons and ammunition and persons involved in the transfer. T he witness menti oned that on one unspecified occasi on , when he was under attack in Foya from LURD insurgents, he we nt to the ferry cross ing point with Benjamin Yeaten wh ere they met Issa Sesay. The witness testifi ed that Yeaten left Sesay with so me boxes of ammunition whi ch were " drowned" in the river.10789

Prosecution Witn ess Augustine Mallah

4878. Witn ess Augustine Mallah , an RUF security officer, test ified that he saw Jun gle in Bued u up to three times in 1998 .1 0790 Mall ah travell ed to Bued u during the retreat from Freetow n after the Interventi on and stayed there for two months before being stationed at 10 791 Baiima. In his examination-in -chief. he testifi ed that the first two occasion s were prior to his ass ignmen t to Baiima.lo792 Ma llah testified that on the fi rst occasion, Jungle brought arms and ammunition. He told the witn ess these supplies came from Gbamga and that he had been instru cted by Taylor to bring them .lo793 On the second occasion, Jun gle came in a Hilu x vehicle. Mallah was present when boxes of ammunition, including " RPG boxes, AK boxes" and "G PMG rounds" and AK-47s we re unloaded from und er a tarpaulin in the ve hicle and placed in Bockari e's storeroo m. I0794 The third occasion was later in the year. I0795 Jun gle told the witness that he had brought ammunition but Mall ah did not see it. However. on cross-examination, Mallah stated that he "was ac tually more sure" of seeing Jun gle on the second and third occasion. 10796

lll7Xx TF I-5 16. Tran scri pt 10 Apri l 2008. p. 7271. I0 7x9 TFI-516. Transcri pt 10 April 2008. pp. 7270 -727 1.

107<)11 Augustine Mallah, Transcript 13 No vember 2008. p. 20214. 111 79 1 Augustine Mallah. Transcript 13 November 2008. pp. 20 176-20 177. 20203-20204. 20208-20209. 10 m Aug ustine Mall ah. Transcript 13 Novembe r 2008. pp. 2021 4-202 15.

1ll7?) Augustine Mallah, Transc ript 13 Novembe r 2008 . p. 202 15. l u7'Q Augustine Mallah. Tra nscript 13 Novembe r 2008. pp. 202 15-202 16; Transcript 17 Nove mbe r 2008 , pp.20424-20425. l u70; Augustine Mallah, Transcript 13 November 2008. p. 20216.

1tJ7'!6 Augustine Mallah. Transcript 17 November 2008. p, 20433. see also pp. 20423. 20428 . 20430.

1701 Case No.: SCS L-03-0 1-T 18 May 2012 ARMS AND AMMUNITION

4879. Although the witness referred to seein g Jungle in 1999 in examination-in-chief, in cross-examination, he ac knowledged that he did not know the movem ents of Jungle in 1999 because he was not frequentl y in Buedu during that year. 107?7

488 0. Mallah testified that it was only some time in 1999 or 2000 that he first heard abo ut "Zigzag" Marzah. He noted that at the tim e Marzah mad e trip s to Sierra Leone. not all RUF fighters knew of him or saw him , as Marzah was "only co nce rne d abo ut the High Co mma nd like Mosquito, his securities or the radio o perators who we re wi th them" .lo798 Mallah also stated that Bockari e wo uld not discuss his so urces of ammunition openly with the fighters because an enemy might catch a fighter and discover from him w here the RUF so urce d its supply. I0 7?'J

Prosecuti on Witness Denni s Kok er

488 1. Witness Dennis Koker, wh o was stationed in Buedu during 1998 as a member ofthe RUF Military Police.lo8oo testified that during the ra iny season in 1998, there we re severa l incidents in w hich he saw person s speaking Liberian dialect bringing ammunition to Bockarie in Buedu . Wh en describing the first incident w hich took place in Jul y 1998, he stated that thes e men were wearing camouflage fatigue, black caps, and so me wore yellow polo shirts w ith the words "NPFL Navy Ran gers" .I0801 According to Kok er. there we re more than seve n peopl e w ho arrived. and they arrived in a truck. a car and ajee p.10802

488 2. When they o pened the tru ck , Koker was able to observe wh at was inside; he record ed the co ntents and then they put the boxes into the ammunition dump, in an " unde r­ ce llar" hou se on Godu ku Road .10803 T he container of the truck was roug hly 20 feet by 7 feet. without the driver's cabin.lo804 Koker recalls that o ff-loaded were propelled grenades. jet­ tracer (anti-a ircraft) guns, min es the size o f a dinner plate which wo uld bum a ta nk. man y

' 07'>7 Augustine Malla h, Tran script 17 Nove mber 2008 . p. 20430.

10M Augustine Mallah, Transcr ipt 17 Nove mber 2008 . pp. 20449-20450. 107,,') Augustine Mal lah. Transcript 17 Nove mbe r 2008. p. 20450. ",xoo Dennis Koker. Transcript 15 January 2008 . p. 1260.

JOXOJ Denn is Koker. Tra nscript 15 January 2008. pp. 1280-1281 . IfIx02 Denni s Koker. Transcript 15 January 2008 . p. 1282.

"'XO J Denni s Koker. Tra nscr ipt 15 January 2008 . p. 1283.

10XO' Dennis Koker . Transcript 15 Jan uary 2008. p. 1282.

1702 Case No.: SCSL -03-01-T 18 May 2012 ARMS AND AMMUNITION sardine ca ns of 50 calibre AA ammunition for shooting jets, rocket propelled bombs and TN T, a type of bomb which co uld be fixed free-style on the nozzle of the AK.I0805

488 3. Koker recalled three other occasions when visitors ca me to Buedu brin ging mat eriel, although on two of these occasions Koker did not directly witness the visits him self. Rather, he knew that people had arri ved becau se he was working at the Military Police C'"MP") Office and the guard posts brought documents to the office whi ch detailed the visitors' arrival. The MP Office acted like "immigration" and provided for clearance for per sons contmumg.. ontoB ue d u.10806

4884. In the second deli very of materiel that Koker witnessed, also in Jul y 1998, Bockarie himself arrived at night with the materiel, accompa nied by Liberians led by General Fay ia, co mma nde r at Foya.1 0807 The w itness spo ke with Fay ia, who told him his nam e. 10808 He saw them arrive with two large trucks, tw o mini vans and a Range Rover jeep. Wh en the trucks arrived, others spent about four hours off-loading the trucks whil e Kok er listed the 1080 items. ? Koker rem embers seeing and listing the follow ing materiel: many sardine tins of AK ammunition s, G3 guns and ammunitions, many RPGs and mortar bombs, heavy machime guns an d ammumti. .on. as weII as many min. es.10810

48 85. The witness stated that he believed the arms and ammunitions from these shipme nts came from Charles Tay lor.10&1 I His ex planation for this belief was that he was told by his " men' that the "arms came from Ch arles Taylor's men,,;I0812 the Liberians told him that the materiel deli vered was from Charles Tay lor;10&\3 and that the Liberians "came from his co untry to our co untry , and [Tayl or] was the head of that co untry and so nothing co uld co me from that country without his knowledge because he had sec urities too" .10814

Prosecuti on Witn ess Perry Kamara

lU Xu, Denni s Koker, Transcri pt 15 Ja nuary 2008 , pp. 1284-1 286.

III W6 Dennis Koker, Transcript 15 Jan uary 2008, pp. 1286-1287, 1293-1294 . IOX" 7 Denni s Koker, Tra nsc ript 15 January 2008 . pp. 1287. 1365-1 367.

10 XOX Denn is Koker. Transcript 15 Ja nuary 2008 . p. 1288.

I" XO'I Dennis Koke r, Transc ript 15 Ja nuary 2008 . pp. 1288-1289.

10 XI0 Denni s Koker. Transcript 15 Ja nuary 2008 , pp. 1290-1 291. lU XI I Den nis Kok er. Transcript 15 January 2008. p. 1374. I" XI2 Denn is Koker. Tra nscr ipt 15 Ja nuary 2008, p. 1374.

10X13 Denni s Koker. Transc ript 15 Ja nua ry 2008 . p. 1375.

10 XI . Denni s Koke r. Transcript 15 January 2008 . p. 1374.

1703 Case No.: SCSL -03- 0 1-T 18May 20 12 j, ARMS AND AMM UNITION

48 86. Witness Perry Kam ara, a seni or radi o operator working for Denis Min go (a.k.a. Superman) at Superman Ground10w during 199 8,1 081 6 test ified that he was aware through the co mmunications network that Bockarie recei ved ammunition. Bockarie would send messages by radio that Jungle was bringing arms and ammunitions from Monrovia to Foya in Liberia by helicopter.1 081 7 Bockar ie would then send vehicles to coll ect the supplies and bring them to Buedu.1 081 8 Bockarie wo uld message his co mmande rs, including Superman, stating "that he had brought ammunitions from Mr Charles Tay lor" and ask his commanders to send men to co llect the arms and ammunition s. Superman sent men to receive the lo81 ammunitions. '1

Prosecution Witness Mohamed Kabbah

4887. Witness Moham ed Kab bah test ified that in the peri od after the Intervention unt il the attack on Kono in December 1998, the RUF surv ived on "bits and pieces" of ammunition which Jungle brought in a pickup tru ck .l o820Jungle ca me frequently to Buedu, too frequently to est imate.I08 21

488 8. Under susta ined questioning from the Defence, Kabbah cons istently main tained that lom he was told by Jungle that the amm unition came from Taylor. Kabbah testified that he was personall y present when Jungle reported to Bockarie that he came from the man sion in Monrovia and in con versation s betwe en Bockarie and Jun gle where Bockarie wo uld say that he was sending Jungle to Taylor. lom Kabbah stated that Jungle " was alw ays with US",I0824 but denied that he was an RUF member because "[h]e was not trained by the RUF".I0825 He testified that Jungle was well known as one ofTaylor's "strong men ".

IIIXI5 Perl)' Kamara testified that Superman Gro und was on the highway from Ko idu Town to Guinea: Transc ript 5 February 2008. p. 3 112. IOxI6 Perry Kamara, Transcript 5 Feb ruary 2008 . p. 3 I 15. luxI 7 Perry Kamara. Transc ript 5 Feb ruary 2008, pp. 3 118-3 119. IIIXl x Perry Kamara. Tra nscri pt 5 February 2008 . p. 3 119. IIIRI" Perry Kamara. Transcript 5 February 2008 . pp, 3 117-3 118. IOX2U Moh amed Kabbah, Tra nsc ript 17 Se ptembe r 2008. pp. 16422-164 24. IUX21 Mohamed Kabbah. Transcri pt 12 Septem ber 2008 . pp. 16 140-161 42. ItIX22 Mohamed Kabbah, Transcr ipt 15 Se ptembe r 2008. pp. 16-1 28-1 6-1 31. IUm Mohamed Kab bah. Transcript 15 September 2008. p. 16165; Transcript 17 September 2008. pp. 16428­ 16431; see also p. 16452 . IOXl-l Mohamed Kabbah. Transc ript 15 Se ptember 2008 . p. 161 65: Transc ript 16 Se ptember 2008 . pp. 16381­ 16382. IUX2; Mohamed Kabbah. Transcript 15 September 2008. p, 16428.

1704 Case No.: SCSL-03-0 1-'1' 18 May 20 12 ARM S AND AMMUNITION

4889. Kabbah explained that he was able to distingui sh ammunition brought by Jun gle fro m ammunition purchased fro m ULi MO (which had been buried and needed to be cleaned in die sel) or ammunition traded through G uinea . Ammunition brought by Jun gle was in boxes.10826

4890.Kabbah testifi ed at some length as to the quantity of ammunition received from Jun gle . Kabbah stated that Jun gle " never used to brin g enough ammunition" and he typi cally came with between three and five boxes. 10827 Kabbah te stitied that in 1998, until the time they recap tured Kono, the RUF was in a "stiff' situatio n with resp ect to ammunition, and all they accessed was the "one or tw o boxes fro m Jung le that he used to brin g" .10828 Kabbah also repeatedly affirmed that the supplies which the RUF received fro m Lib eria in this peri od co mprised ammunition and not arms; he testified that the RUF had sufficie nt arms in 1998 to 1999.10829

48 91. According to Kabbah, Bockarie an nounced that the operations to retake Kono were necessary because " the struggle had reac hed a point when thes e bits and pieces of amrnumuon. . that we were gettm. g from LiIberiena was dwiWill dli1I1g.,, 108-\0 Kabb a t1 ex pIa'rnedt tiat the RUF needed to begin mining diamonds since the support it had been receiving fro m Taylor was insu fficient:

[W]h at I mean is that yo u want - you wanted a hundred boxes [o f ammunition] and when you go there somebody gives yo u ten. you will take it because yo u had no option. So the hundred that we wa nted. if we had our diamonds. when we take them we will get our hundred . 10") 1

Prosecuti on Witn ess TF 1-37 1

4892. Witness T F1-371 testified that the RUF received mat eriel delivered by escorts including Zigzag Marzah, Jun gle and Sa mpso n. Eac h of these men had their ow n house in Buedu and Marzah also had a girlfriend there.10832

IOX!6 Mo hamed Kabbah, Transcri pt 17 Se ptember 2008, pp. 164 25.

IOK27 Mo ham ed Kab bah. Transcript 12 Septem ber 2008 . pp. 16141.

IIlK2" Mo hamed Kabbah. Transcript 16 September 2008 . pp. 16396. Kabbah also testified that by " bits and pieces ". he meant two or three boxes of ammunition. Transcript 17 September 2008. p. 16423. IO"2Y Moh amed Kabbah, Transcript 16 September 200 8, p. 16417-1641 8.

1Il" ) () Mo hame d Kabbah. Transcript 12 Septembe r 2008. pp. 1614 9. 10<31 Mo hamed Kabbah. Transcript 12 Septem ber 2008. pp. 161 50. 10m TF I-371. Transcript 28 Janua ry 2008. pp. 2379-2380 (CS ). That the men had separate houses in Buedu is

1705 Case No .: SC SL-03-0 1-T 18 May 20 12 ARM S AND AMMUNITION

4893. As to the quantity of materiel supplied, in cross-examination the witness ag reed that from mid-1997 when Bockarie became leader of the RUF, he compl ain ed abo ut a lack of IOS ass istance from Liberia. ] ] Defence counse l raised with him a prior sta tement in which he had agreed that Bockarie was complaining because the assistance from Taylor was "somewhat less than substantia l" and where the witness had descri bed it as co mprising a 10834 "s mall quant ity" prior to November 1998.

4894. The witness disagreed with the propositi on put to him that Taylor did not really provide any ass istance to the RUF fro m 1993 until Novem ber or Dece mbe r 1998, w ith the shipme nt from Burkina Faso. He sta ted that Taylor's lack of ass istance was rem edied after 10 835 Bockarie mad e a trip to Liberia in 1998. He testified that:

There were a series of trips made [to Monroviaj. ..and initially in June mater ial came in 111 small quantity and ... the sup plies increased gradually up to the end of that year 1998. ' 36

4895. However, he agreed that the "maj or substantial amount" ca me around November or December 1998.1 0837 Accordi ng to the witness, between the three large shipments he recalled in October 1997 (the Magburaka Shipment), November/ Dece mber 1998 (the Bur kina Faso shipment) and March 1999, " Bockarie took reg ular trip s to Monr ov ia, arms were coming, but they were not reall y as large, in huge quantities as those three sh ipments [...]".10838

Prosecuti on Witnes s Ja baty Jaward

4896. Witness Jabaty Jaward testifi ed that from early March 1998, he was Bock ar ie's "store kee per" with respons ibility for RUF supplies, including arms and ammunition and 10839 food and fuel su pplies. Jaward testifi ed that he believed the supplies in the RUF store 10 840 ca me fro m Liberi a. The basis for Jawards bel ie f was that the supplies were escorted by men with nam es such as Co lone l Jun gle, Sampson, Mike, Senegalese, Juni or, Zigzag also corroborated by Jabaty Jawa rd. Transcript 10 July 2008 . p. 13392 . 10m TF I-37 1, Tra nscript 30 Jan uary 2008, p. 2669 (CS). 10' 34 TFI-371, Transcript 30 Janua ry 2008. p. 2670 (CS). 1f>'35 T F1-37 1, Transcript 30 Ja nuary 2008 . p. 2669 (CS).

III . } " TF I-371. Transcri pt 30 Jan uary 2008. pp. 2670-267 1 (CS).

1".37 TF I-37 1. Tran script 30 January 2008, p. 267 1 (CS).

111 . 38 TF I-37 1. Tran script 3 1 January 2008 . p. 2700 (CS).

IU839 Jab aty Jaward. Tra nscript 10 July 2008, pp. 13378- 13383. Jaward was in Daru at the time of the Intervent ion and arrived in Buedu several weeks thereafter. at the end of February or beginni ng of March in 1998.

11I'4! 1 Jabaty Jawar d, Transcript 10 JUly 2008. p. 13384.

1706 Case No.: SCSL-03-0 1-T 18 May 20 12 4230 0 ARMS AND AMMUNITION

Marza h and Pa S he k u .1 0 8~ I Jaward was also aware that these men were Liberian, with the exception of Pa Sheku , who was from Guinea. lo842 Jaward also learnt from these escorts the rout e they typically used to enter Sierra Leone. They used to comp lain about the condition of the roads, and at times vehicles would break down and Jaward wo uld send tra nsport to pick up the supplies.10843 The esco rts mentioned towns in Liberia through which they passed, .me Iu di mgM onrov ia.. I 0 8~~

4897 . According to Jaw ard, the Liberian escorts worked for Taylor. 10 845 He knew this because: first, Jungle was we ll-know n as one of Taylor's SSS; second, Sampson and Junior we re also SSS men (a fact the witness came to know subsequently whi le in Liber ia); third, Senegalese dressed in a uniform of Taylor's Special Operationa l Division; and fourth, the escorts also told the witness that they wo rked for Tay lo r.10 8~ 6 However, Jaward testi fied that the escorts told him that their instructions in relation to the tran sport of arms and amm umt.. ion. into S·terraL eone camef rom B'enja rnm.Yeaten. 1 0 8 ~ 7

4898. Jaward stated that the supplies rec eived from the Liberian escorts included "amm unition of AK and these anti-a ircraft weapon ammunition [.. .] RPG rockets, the weapons th em s el v e s ". 1 0 8 ~ 8

4899.Jaward remained storekeeper for Bock arie until Bockarie depart ed the RUF in December 1999.1 0 8~ '1 He testified that during this period, these supplies arrived from Liberi a "once in a wh ile" and that they were "not that much frequent" and it was "not something regul ar".'0850 The witn ess testified that there was "no specific schedule" for the arrival of supplies; at times he was informed by Bockarie that Bockarie had made a request "to Monrovia" for supplies on acco unt of pressing needs on the ground.1085 1

10", [ Jabaty Jaward, Transcript 10 July 2008. p. 13386.

111 ' 4 2 Jabaty Jaward, Tra nscript 10 July 2008. p. 13388.

1I>X4) Jabaty Jaward. Tran script 10 July 2008 . p. 13385.

I IIX44 Jabaty Jaward, Tra nscript 10 Ju ly 2008. p. 13385. " "4; Jab aty Jaward, Transcript 10 July 2008. p. 13387.

10846 Jabaty Jaward. Tra nscript 10 July 2008. pp. 13387-13388. '''''7Jabaty Jaward. Transcript 10 Ju ly 2008. pp. 13389-1 3390. I OX48 Jabaty Ja ward. Transcript 10 July 2008. p. 13392. ""4"Jabaty Jaward, Transcript 10 July 2008. p. 13390. 10' 50 Jabaty Jawa rd. Transcript 10 July 2008. p. 13390. ' "X; [ Jabaty Jaward, Transcript 10 July 2008. pp. 13390-13391.

1707 Case No.: SCSL-03-0 1-T 18 May 2012 423 0~ ARM S AND AMMUNITION

4900. Jaward testified in respect of one particular incident in " late 1998" when the RUF was engaged in co mbat with G uinea n troops who were cross ing into Sierra Leo ne near Koindu.When RUF co mmande rs ca me to Buedu for supplies, the sto re was em pty. According to the witness, Bockarie stated that he had call ed to "the Papay in Liberia" and that he ex pected men to arrive shortly with arms and amrnunitio n. 10852 By "the Papay in Liberia". the witness understood Bockarie to re fer to Tay lor.1 0853 Jaward test ified that subsequently, Sampson. Jun gle, Mik e and Senegalese arr ived with arms and ammunition.10854

490 l. Jaward would make an inve ntory of received items and distribu te them to the fro nt lines according to Bockari es instructions, with quantities being distributed ac cording to the rm'1r'tary needsof the co rnman ders.10855

Prosecu tion Witness Isaac Mongor

4902. Witne ss Isaa c Mongor, an RUF senior co mma nde r, also test ified that while in Kono und er the co mma nd of Superma n,10856 he was under orders from Bockarie not to let go of Kono because that was where they got thei r diam onds from . There was no ammunition in Kono so Mongor requested ammunition from Buedu. Bockarie told him to be patient because Jun gle had gone to Liberia to T ay lor to ge t so me. 10857

4903. Mongor test ified that he later rece ived ammunition from Bockarie which was part of a delivery mad e by Jun gle to Buedu. Bockari e sent men to Mongor with ten boxes of AK rounds. but because the men foug ht the Kam ajors along the way . only half that amount reached Mongor.10858 According to Mon ger. each box co ntai ned two "sardine tins", each of which co ntained 35 packets o f ammunition of 20 ro unds each, totalling 1400 rounds per box .10859

IOXS2 Jabaty Jaw ard , Transcript 10 July 2008. pp. 1339 1-13392.

10XS, Ja baty Jaward, Transc ript 10 Ju ly 2008. p. 13391.

10 XS. Jabaty Ja ward, Tran scrip t 10 July 2008. p. 13392.

10XSS Jabaty Jaward. Tra nscript 10 July 2008. pp . 13392- 13393.

10 ' S(, Isaac Monger , Tra nscript II March 2008. pp. 5742-5744.

10, S7 Isaac Mo nger, Tra nscri pt II March 2008. pp. 5744-5745.

10XS' Mongor testifies that this was shortly after the Intervention. Isaac Monger, Tra nscript II March 2008. pp. 5745-5746.

IOXS9 Isaac Monge r, Transcript I IMarch 2008. pp. 5746-5747. The term "sa rdine tins" was commonly used by

1708 Case No.: SCSL-03-0 I-T 18 May 20 12 42302 ARMS AND AMMUNITION

4904. Mongor also testified that after the meeting in Buedu at whi ch the Fitti- Fatta operation was ordered, Superma n ca me to Ga ndo rhun with a qu antity of ammunition for the attac k. Mongor subseq uently spoke with Bockar ie who confirmed that Taylor had sent Jungle with a "s mall quantity" of ammunition whi ch Bockarie had given to Sup erman for tIi e F·tttr-· Fatta operation.. IOS60

Prosecut ion Witn ess Joseph Marzah

4905 . Witness Joseph (a.k.a. Zigzag) Marzah stated that when ULIMO was disarmed, during "the time Mosquito was there up to Issa Sesay's administration", he made 20 to 40 trips to Sierra Leo ne transporting anns. ammunitions and artillery pieces. Marzah testified that these supplies were brought by Taylor'S friend , a white man , and were kept at Taylor's residence at White Flowe r.IOS61 Marzah stated that he unde rtoo k the se trips "on the dir ect instruct ions of Charles Tay lor" and that " ...it was a government that had a co nstitutio n that go verned the country led by him, Charles Taylor. So, anything we did was by his ord ers". Marzah testified that while he wo uld at tim es transport materiel oftloaded from the airpo rt to White Flowe r. he was so metimes ordered by Tay lor to tran sport it directly to Sierra Leo ne. IO S62

Prosecution Witn ess TF 1-579

4906. Witness T F 1-579 testifi ed to taking materiel to Bockarie in Buedu twi ce in 1998. The first time was in Se ptember around the time of the Roosevelt Johnson incid ent. 10863 The witness , acco mpanied by Jun gle and Sampson Weah, took ammunitio n to Bockarie in IOSM Buedu using a Toyota pick-up truck, includ ing grenades, rockets, A K rounds and RPG S.

witnesses to refer to the metal boxes in wh ich ammunition was stored, which apparently had a lid that rolled back similar to a tin ofsardines: see ex planation of lssa Sesay, Tra nscript 8 July 20 IO. p. 44 110. 10''''' Isaac Monger. Transcript I I March 2008. p. 5748. The Prosecution brief also cites Isaac Mongors testimony at Transcr ipt II Marc h 2008. pp. 578 1-5783. but the Trial Chamber is of the o pinion that Mongor is there testifying about the lead up to the Decem ber 1998 offensives. lOKI>! Joseph Marzah. Transcri pt 12 March 2008. p. 5875. 1"'''2 Joseph Marzah. Transcrip t 12 March 2008 . pp. 5876 -5877 . l OKI.; TF I-579. Transcript 5 November 2008, pp. 19830·1 9831. Il,'''. TF 1-579, Transcript 5 November 2008. pp. 19831·1 9834.

1709 Case No.: SCSL ·0 3· 01-T 18 May 20 12 42303 ARMS AND AMMUNITION

4907. The witness testified that although he would ordinarily wear his SS S uniform in Monrovia, none of the three men were wear ing uniform s on the trip to Buedu .1 0865 He ex plained this as follows:

Q. Fro m what yo u've told us. whe n people were invo lved in shipping ammunitio n to Sierra Leone they wou ldn't wea r their unifor ms. would they? A. Yes , you wou ldn't wear yo ur uniform to go to Sierra Leone to prevent people from knowing that Mr Tay lor was invo lved with the RUF movement .l'"?"

4908. Althoug h the men were not wearing their uniforms, there was no difficulty passing through the chec kpoints at the border because "all those who were assigned at that checkpoint knew exactly what was go ing on and they knew the various co mma nders like Sampson and Jungle and they had the ord er there that any time that car arrived there they should allow it to pass throu gh".10867

4909. At Buedu , the witness, Sa mpso n and Jungle offloaded the ammunition into a store room in Bockaries house. Bockarie told the witness that he was pleased with the delivery as he was "under se rious attack". The w itness spent two days in Buedu on this occasion.l0868

4910. The witn ess's second trip to Buedu too k place approx imat ely two mon ths after the first, with Zigzag Marzah , Sampson Weah and Jun gle. Yeaten provided the ammunition they took to Buedu fro m a warehouse on the left side of Taylor's house. Accord ing to the witness, Yeaten had a list of items which he presented to the G4 Co mma nder Moses Duoh at that warehouse. 10869 When the group arrived in Buedu, Bockarie met them and sa id that he was under "very serious attack" and was "already out of ammunition. The witness spent almos t a we ek in Buedu on this occas ion.1 0870

49 11. TF 1-579 also stated that he saw Sampson, Jungle and Marzah at other times leaving to take supplies to Buedu, a lthough he was not present on those journeys.10871 He knew this because Sampson was his "bes t friend " and they, togeth er with Jungle and Zigzag Marzah , all lived at the YWCA, so he was aware when they were leavin g for Buedu in Sierra Leo ne.

I U ~ ';; TF I-579. Tra nscript 5 Novem ber 2008. pp. 19834-1 9835. I"'" TF I-5 79. Tra nscri pt 5 No vember 2008. pp. 2 1122. 19834-1 9835. 1" " ,7 TFl -579. Tra nscript 5 November 2008. p. 19835. IO ,"~ TF 1-579 . Transcript 5 November 2008, pp, 19836-1983 7.

I" W J TF I-579. Transcript 5 Nove m ber 2008. pp. 19837-19839.

1" ' 70 TF 1-579. Transcript 5 November 2008. pp. 19839-19842.

I

1710 Case No.: SCS L-03 -0 1-T 18 May 20 12 42304 ARMS AND AMMUNITION

Also, sometimes before such trips, the witness, Sampson and Marzah would go to a club for a drink. and Sa mpso n and Marza h wo uld take along to the cl ub a pick-up truck loaded aIready W.ith t he amrnurunon... 1087?-

4912. TF 1-579 stated that as far as he was aware. only ammunition was carri ed on these trips, not arms.HIS73 He testi fied that ge nera lly. the group travell ed in pick-up trucks in which the ammunition was ca rried. So meti mes the intermediar ies wo uld travel in an indi vidual "car" and some times in a convoy. The largest convoy TF 1-579 witnessed leaving consisted oftwo pick-up tr ucks. lOm

Prosecut ion Witness Varmuyan Sherif

49 13. Witness Vannuyan Sherif testifi ed that du ring 1998, Taylor had given him a temporary ass ignment to go to Lofa Co unty and co llec t arms and ammunitions hidden by former ULIMO-K fighters wh o resisted disarm am ent.10875 Sherif was shown where these arms were hidden by the former fight ers. Sher if saw abo ut four pickup-truckloads of arms and amrnurntr..on In. goodcon dimon, 10876 Shernenif too'ktr h ee 0f these truck kloa d s bacx k to Mo nrovia before Taylor informed him that he should supply the last load di rectly to 10877 Bockarie.

49 14. Sheri f met Bockarie in Foya and together they moved to the border where Sherif gave Bockarie the pick-up full ofarms co mprising AK-47, RPG and other g uns. T he witness stated that so me of the arms were in bags coated with mud. 10878

4915. Sherif test ified that he had to change out of his uniform when travelling to the Sierra Leo nean border, ex plaining:

In case Ihc civi lians arou nd see the uniform , you can see the badges here that identity it as executive management. So. 1 had to ehange into anot her clothing so on my way back to Monrovia I had my uniform on a gai n . IO~ 7 9

10m TF I-579. Transcript 5 November 2008. pp. 19847-19848. 111 m TF I-579. T ranscript 25 November 2008 . p. 2 I 142. IOk7. TF I-5 79. Transcript 25 No ve mber 2008. pp. 2 1138- 2 1141. I O ~ 7 ; Vannuyan Sherif Tran script 9 January 2008 . p. 820 . I O ~7 6 Var muyan Sherif, Transcript 9 January 200 8. p. 821 . 10m Vannuyan Sherif Tran script 9 January 2008 . pp. 85 1-852. 111 m Varmuyan Sherif. Tran scrip t 14 January 2008 . pp. 1142-1 144. 10.79 Varmuya n Sherif, Tran scri pt 9 January 2008. p. 856 : See also Varrn uyan She rif Tran script 9 Janu ary 2008 .

171 I Case No.: SCSL-03-0 1-T 18 May 20 12 423 05 ARMS AND AMMUNITION

Prosecution Witn ess Albert Saidu

4916. Witness A lbert Sa idu ex plains that whenever Jun gle came to the RUF territory, there was a ge neral understanding am ongst the RUF that he brought "materials", arms , ammunitions, food and dru gs to the RUF fighters which the y used to fight and that those "materials" we re sent by Charles Taylor. IOS80

Prosecution Witness TF 1-362

49 17. Witn ess TF 1-362 'stated that at so me point in 1998 or 1999, 10881 she received weapons and ammunition from the ammunitio n dump that was located at Sa m Bock arie' s house in Buedu. She testifi ed that Bockarie "used to coll ect arm s and ammunition from Charles Taylor".10882

Prosecuti on Witn ess Komba Sumana

49 18. Witness Kom ba Suma na testifi ed that in 1998 three so ldiers with red hats deli vered arms at pass out parade.10883 He was told by a fellow member of the rebel force s th at these men , who sp oke Liberian Eng lish, were " Charles Tay lor' s soldi ers". 10884 Sumana furth er added that after the weapons were distributed, Bockarie stated that they were go ing to "clear" Ko no.The troops, including the witness , le ft the next day. En route, Ge neral Issa told the troop s that as part of 'O peration No Living Th ing ', they wo uld attack Ko idu Tow n. The attack was not success ful.10885 The witness did not ultimately participate in the attack.10886

Prosecution Witn ess TF 1-590

p.1 143. 10",0 Albert Saidu, Transcript 4 June 2008. pp. 11027-1 1029.

IOXXI TFI-362, Transcript 27 February 2008. pp. 4868. 49 16 (CS).

I lI XR2 TFI-362, Transcri pt 27 February 2008, p. 4909 . The exact wordi ng used by the witness in response to the question of whether Bockarie told her about the source of supp lies: " He was not spec ific. He said he can collect - he used to collect arms and ammunition from Charles Taylor".

I" XR) Kornba Sumana, Transcript 6 October 2008. pp. 17937-17939: Tra nscr ipt 7 Octobe r 2008. pp. 1803 1­ 18033. IOXX4 Kornba Sumana, Tra nscript 6 October 2008 . p. 17938: Transcript 7 Octo ber 2008. pp. 18041-1804 2. IIIXX; Kornba Sumana, Tran scrip t 6 October 2008. pp. 17940-1 7943.

!URX(, Kornba Sumana, Transcript 6 Oc tober 2008. pp. 17941-1 7943.

1712 Case No.: SCSL-03-01-T 18 May 20 12 423 0 C; ARMS AND AMMUNITION

49 19. Witness TF 1-590 , a Sierra Leonean refugee who fled to Liberia after the ECOMOG Interventi on . test ified that in 1998 , shipments of arms and ammunitio ns and othe r supplies wo uld arrive via a plane at an airfie ld at Voinj am a. Members of the Liberi an security and the RUF would take the supplies from this airfield.1 0887 On one occasion, the witness saw persons with tru cks unloading ammunition boxes from an airp lane into RUF ve hicles and then dri ve those vehicles tow ard s Sierra Leone. 10888 It was not a secret when planes arrived and the witness knew of these shipments because those transporting the supplies would frequent his kiosk and talk about the shipments. 10889

Prosec ution Witn ess A lima my Bob son Sesay

492 0. Witness Alima my Bobson Sesay testified that in ea rly August 1999, a group of AF RC men, including Johnny Paul Korom a, " Bazzy", Jun ior Lion, Bomb Blast, Major Bonk olonk eh , and the witness him self met with Tay lor, Mom oh Gibbah and Defen ce 10 890 Minister Daniel Chea at the President's Mansion in Monrovia. At the me eting, Taylor urged the A FRC and RUF to cooperate, and threatened arrest for fai lure to do so. Taylor confirmed to them that he supplied food, arms and ammunitions to AF RC/RU F troops so they could ove rthrow the governme nt of President Ahmad Tejan Kabbah and that he arranged Jo hnny Paul Korom a 's departure fro m Kailahun to Liberia and also arranged for the delegati on to meet him in Liberia.1 089 1 Taylor also gave Jo hnny Paul $USD 15,000 to spend i111 Monrov.ia.10892

Prosecuti on Witness TF [-375

4921. Witn ess TF 1-375, an RUF fighter,1 089) testifi ed that about three weeks afte r they retreated from Koidu Town, Bockarie contacted Superman via radio to advise that he was send ing "guests" from Buedu who had co me from Liberia. Superman se nt peo ple to receive the m at the Moa River, and they ret urned accompanied by up to eight Liberia ns. The men had Liberian acc ents and brought arms and ammunition. TF I-37 5 testified that one of the

10m TFI -590. Transcript 13 June 2008. p. 1177 1. " '~~~ TF I-590. Transcript 13 Ju ne 2008 . p. 11 772. 1 " ~. 9 TFI -590. Transcript 13 June 2008, pp. 11772-11 774. [" ~ ')O Ali mamy Bobson Sesay, Tran script 24 April 2008. pp. 8501-8504 . [ " ~ " [ A limamy Bobson Sesay. Transcript 24 April 2008 , pp. 8504 -8506. 8509 . 1O~ '12 Alirnarny Bobson Scsay, Transcript 24 April 2008 . p. 8506.

I I) ",,, TF I-375, Transcri pt 23 June 200 8. p. 12'l85.

1713 Case No.: SCSL·03-01-T 18 May 20 12 ARM S AND AMMUNITION

Liberians was an SSS officer named "Osebo Demy", whom he came to know subsequently in Liberia as one of Yeaten' s subordinates in the SSS. 10&94

4922. TFI-375 also testified that during the rainy seaso n of 1998, a fter Superm an and SAJ Musa attac ked Kabala, Bockarie ca lled and sa id that he wanted them to send some of the ammunition and arms that they had ca ptured from Kabala to him so he co uld send it to the front lines. After this communication, Superma n and SAJ Musa and other command ers ca lled a meeting to discuss the request. The distance was too far to send the ammunition to Kailahun, so they wanted to ca ll Sam Bock arie and tell him that they would like to use the ammunition to attac k Makeni . Superma n and SAJ Musa ca lled Bockarie who reasserted that he needed the ammunition and that he would send some people to co llect it, which he

10 did. &95 Superman told the se men that he and SAJ Musa were unable to tum over the arms

10 and ammunition to them. &96

The Accused

4923. The Accused deni ed the allega tion of sending arms and ammunitions to the

10 RUF/AFRC via Marzah, Jun gle and others. &97 He contended that he co uld not have been in co ntro l of everything in the SSS , and there we re e lements with in the organisation, includin g Benjam in Yeaten , which were acting autonomously. He stated that he was busy dealing with di plomatic and politi cal matters, and persons such as Ta mba, Sherif and Wea h who we re bringing arms to Sierra Leon e were acting with out his knowledge or co nsent. 1089&

4924.The Acc used a lso testified that during this period Liberia did not import any wea pons and had no finances to purchase any, and hence had no arms to send to Sierra

[ {)Xy. TFI-375. Transcript 23 Jun e 2008. pp. 12523-12528.

[ OX95 TF 1-375. Tra nsc ript 24 June 2008 . pp. 12563-12566.

[ OX% TFI-375. Transcript 24 Jun e 2008 . pp. 12568-12569.

[0. '11 Charles Ghankay Taylor. Tran scrip t 6 August 2009 . p. 26209: Transcri pt 14 Se ptember 2009. pp. 28727. 2872 9-28730 (in response to TF I-56Ts evidence. specific ally denying that he sent a ten-tyred truck full of arms and ammunitions): Transcrip t 1 Octobe r 2009. pp. 30 100-30 103 (in response to Mallahs evidence). 30 172­ 3027 3 (in response to the ev idence of TF I-585): Transcript 27 October 2009 , p. 304 14 (in respo nse to Isaac Monge r's evide nce): Transcript 29 October 2009. pp. 30769-3077 0 (in response to She rif's ev idence): Tra nscript 2 November 2009, pp. 3089 7-30898 (in respon se to Denni s Koker's evidence, stating that he was not aware of any unif orm worn by the Navy Rangers and denying that yellow was a co lour used by his lighters) : see also Transcript 2 Feb rua ry 20 10. pp. 34625-34626 (identifying as Navy Rangers person s de picted in Exhibits P-493 B and P-493E. which depicts armed personnel weari ng yellow t-shi rts with "Navy Rangers" written on them): Exhibit P-493B. " Photog raph - P0000866": Exhibit P-49 3E. " Photograph - P0000869" . lOx'" Charles Ghankay Tay lor. Tran script 10 August 2009. pp. 26333-26335.

1714 Case No .: SCS L-03-0 1-T 18 May 20 12 4 2 3 0 2 ARMS AND AMMUNITION

Leone; the disarmament in Liberia took place in 1996, thereafter the arms were held by 10899 ECOMOG and the UN . The Accus ed denied he had any access to arm s. He pointed to the fact that ECOWAS had requested that the Security Co uncil lift its arms embargo on Liberia, but was unable to persuade the Security Council to do SO.' 0900

492 5. The Accu sed told the Trial Chamber that around June to Augu st 1998,10901there was a formal inve stigation carr ied out concerning allegations that his government was involved in the training o f Sierra Leoneans, diamond trafficking and the movement of arm s across the border.10902 That investigati on was an internal Liberian investigation,10903 but it was carried out by a delegati on which included the Representative of the UN Secretary-General Downes-Thomas, ECOMOG officers, his Foreign Minister and a US military attache by the name of Co lonel Dempsey.10904 Acc ording to the Accused' s recollections, a report of their investigati on, primarily authored by Dempsey, concluded that there wer e indicati ons that a small am ount of arm s was going across the Liberian border into Sierra Leone, but the so urce of these arms was unclear., 0905 The Accused 's recollection of the report was that Col onel Dempsey stated that the low-l evel arm s supply did not app ear to be occurring at any official level. 10906

4926. Describing the mode in which arms and ammunitions could be accessed by security personnel, the Accused confirmed that form al requests had to be made by SSS personnel for arms and ammunition. Records were kept of arms and ammunition assigned to personnel, and any Secret Service personnel in possession of arms and ammunition had to account for them at eve ry inspection . Acc ordin g to the Accused , the SSS had their own distin ct weapons

'0'''9 Charles Ghankay Tay lor. Transcript 6 August 1009, pp. 26 191-16 191: Tra nscript 17 August 1009, pp. 2690 1-26903. 1091)(1 Charles Ghankay Taylor. Transcript 28 July 2009. pp. 254 14-25415 .

10" 0 ' Char les Ghankay Taylor. Transcript 19 November 1009 . p. 31 180.

10'",1 Charles Ghankay Taylor. Tran script 6 August 1009. pp. 26 140-26 142: Transcript 19 November 2009. pp. 32180-32183: See also Exhibit 0-14 I. " Presidential Papers. Pol icies. Speec hes. Statements and Record of Activities of the Chief Executive of Liberia, August 2 1997 - December 31 1998". p. 293: "The Liberian Go vernment wishes to draw attention to the statement of the United States Deputy Assistant Secretary of State tor Africa. Amb Vicki Huddl eston, that there is no evidence that the Liberian Government is involved in aiding the war in Sierra Leone. The Gove rnment wishes to also point to the resu lts of an independent investigation conducted by Col. Dempsey. Mil itary Atta che at the USEmbassy in Monrovia. which fo und no evidence of the alleged involvement of the Liberian Government in the Sierra Leo nean conflict", '0"0.' Charl es' Ghankay Tayl or. Transcri pt 19 November 2009. pp. 3218 3- 32 186. 10"". Charl es Ghankay Taylor. Tran script 6 August 2009. pp. 26140-26141; Transcript 19 November 2009, pp. 32 180-32 183. , o" OJ Charles Ghankay Taylor. Transcript 6 August 1009. p. 16 147: Transcript 18 November 1009. p. 32 183.

1715 Case No.: SCSL-03-0 I- T 18 May 10 12 ARMS AND AMMUNITION

stored at a separate storage fac ility within the ir own custody. The primary SSS armoury was at the Executive Mansion. Whil e the Acc used could not recall who had day to day contro l of the arm ou ry, the Director of the SSS had ultimate powers to rem ove materiel from the . . I 10'J07 ar mo ury or autIion se Its rernova .

4927. The Accuse d deni ed that there was a warehouse attached to his residence in Monrovia,lo,}08 but admitte d that there was an SSS warehouse located next door to White Flower. According to the Accused , the warehou se was under Benj amin Yeaten 's command and he did not have access to the warehouse.1 0'JQ'J

Defence Witness DCT-008

49 28. Witness DCT-008 served as a radio operator from August 1997 to 2003.10910 He testified that Yea ten and Bockarie were invol ved in "secret deals" in which Yeaten so ld ammunition to Bockari e.10911 The ammunition deals between Bockari e and Yea ten comme nced in late 1998, aft er Bockaries first visit to Monrovia,1091 2 which DCT-008 placed in Se ptember 1998 .lo'J l3 Yeaten secured the ammunition by sending people to purchase it from persons in the south-east of Liberia, which had previously been controlled by the Liberian Peace Co unc il, and also from ULl MO-K in LOFA Co unty. 10914 Yeaten used Jun gle, Sam pso n or Zigzag Marzah to transport ammunitio n at night, either from his res idence or that of Cisse. lo91 5

4929. DCT-008 testified that Yeaten 's relation ship with Bockarie was hidden from Taylor. I0916 Yea ten was able to keep the transportation and trade in ammunitions a secret

10')0" Charles G hankay Tay lor. Transcri pt 19 Nove mber 2009. p. 32 183.

10'fi17 Charles Gha nkay Taylor. Tra nscript 31 August 2009. pp. 28007-2800 9.

1O"Og Charles Ghankay Tay lor. Transcript 28 Octo ber 2009. p. 30629: see also Transcript 3 1 August 2009. p. 28009 (stating that a certai n amount of arms and ammunition was kept at White Flower for the President's security. The Director o fthe SSS would also have ultim ate authority for these supplies).

IO' )()9 Charles Ghankay Taylor. Tra nscript 28 October 2009. pp. 30629 -3063 1. III9 1U DCT-008, Transcr ipt 24 August 20 IO. p. 46949 (PS).

1091 1 DCT-008. Tra nscript 27 August 2010. p. 47388; Tra nscript 3 September 20 10. p. 47935 .

10m DCT-008. Tra nscript 27 August 20 10. p. 47391: Tran script 3 September 20 IO. p. 47934 109 1.1 DCT-008. Transcript 24 August 2010. pp, 47050-47052.

109 14 DCT-008, Transcript 27 August 20 IO. pp, ·17389. 47393: Transcript 7 Septembe r 20 IO. pp. 48086-48087. 48 104-48105 . 10'115 DCT-008. Transcript 27 August 20 10. pp. 4739 1-47392: Transcript 7 Septe mber 20 IO. p. 48 182.

III'li" DCT-008. Transcript 27 August 20 10. p. 47386: Tra nscript 7 Septembe r 20 10. pp, 48 103-48 104. 48 184­ 48 186.48216.

1716 Case No.: SCSL-03-0 1-T 18 May 20 12 423"1 0 ARMS AND AMMUNITION because the persons involved were "hi gh-ranking government offi cials", The witness noted that Yeaten was the chief of sec urity to the Presid ent. "and even his bodyguards, when his bodygu ards are driving around, no other security would sea rch their ca r", Further, Musa C isse was the chief of protocol to the President. and "[wjhenever they saw his vehicle, nobody at any checkpoi nt would chec k his ca r".I091 7 He testified that deals such as this by government officials without the knowledge of Taylor wer e common , since sa laries were low and corruption was rife.I0918 Accord ing to OCT-008, Yeaten told his "c lose bodyguards" that the y should keep the arms deal s a secret because he feared bein g arres ted ifthe President heard abo ut it.1091'1

4930. OCT-008 stated that he was not aware of any trip by Sampson or Jungle to Sierra Leo ne with a l111 S and ammunitio n in 1998 to early 1999, with the exception of one trip shortly after Bockari e 's first visit (w hich he places in September 1998).10920

4931. OCT-008 testi fied that the clandestine tran sactions between Yeaten, Cisse, Jun gle and Bockarie (and Sampson and Marzah) ceased in December 1999 when Bock ar ie came to see k rerur. ge 111in Lleniberia.109'-1

Defence Witness Issa Ses ay

4932. Witne ss Issa Ses ay testified that the only ammunition that ca me into Sierra Leone in 1092 2 1998 was ammunition bought or exch anged from ex-U LJMO fight ers and from Guinea . According to Sesay, during this peri od the RUF did not receive ar ms and ammunition from Charles Taylor in Liberi a. Sesay sa id that, bein g in Kailahun throughout this time, he was in a position. .to know .10923

4933. Sesay den ied that Jungle, Marzah and Sampson were runners between the Liberian 10924 Government and the RUF. Sesay did not see Sampso n in RUF territory and met him only in 2000 . Sesay only got to know Marzah in 1999 when Marzah was sec urity

10'/ 17 OCT-008. Transcript 27 August 2010. p. 47390. 1<"''' OCT-008. Transcript 27 August 20 I0, p. 47389 . IO~I " OCT-008. Transcript 27 August 20 10. p. 47389.

10'/10 OCT-008, Transcript 30 August 20 10. p. 47420.

10'/21 OCT- 008, Transcript 27 August 2010, pp . 47395-473 96. 10" 12 Issa Sesay, Transcript 12 Ju ly 20 IO. pp. 44300-44302.

10' )13 Issa Sesay. Transcript 26 July 20 IO. pp. 44626-44628.

IU'''4 Issa Sesay, Transcript 29 Ju ly 20 10. pp. 45072-45074.

1717 Case No.: SCS L-03-0 1-T 18 May 20 12 ARMS AND AMMUNITION

1092 5 accompanyi ng the Liberian Lome Peace Accord delegation . Sesay testified that he was goo d friends with Jungle and was not aware of Jungle bein g an age nt of Charles Tay lor. 10926 According to Sesay, Jungle did not bring ammunition from Liberia and Sesay would have known if Jun gle had done so .10927

Defence Witness Yanks Smythe

4934. Witness Yanks Smyth e, who was appointed Assi stant Director for Operations for the SSS by Taylor in 1998,1 0928 testified that an arms and ammunitions wa rehouse for the SSS existed in a building next to White Flower. There was a protocol to obtain supplies fro m the wa rehouse in whic h the Director of the SSS wo uld make a request to the President, it wo uld 10929 be approved and the Director would get the supplies. The warehouse was staffed 24 hours a day. The superintende nts of the warehouse were Moses Duoh and A loysius Kai. 10930

However. Smythe conceded that if the d irecto r " wanted to obta in a sing le uni form from the wareho use". he wo uld not need Presidential approval. Smythe ag reed with the proposition from Defence co unse l that it was possibl e that Yeaten co uld obta in supplies from the White

FIower wa re h ous e W.ithout iru. t:ormm• g the Prest ident. 10931

4935. According to Smythe. the arms and ammunition of the Armed Forces of Liberi a were kept separate ly from this wa rehouse and were held at the Barcl ay Ce ntre. However, the SSS had another sma ll warehouse at the Exec utive Mansion co nta ining "small light weapons" to which access was given by the Director. Th e SS Director could authorise removal of supplies and it was not necessary to notify the Pres ident. During the time that he was Assista nt Dire ctor, the witness was not aware of any supplies bein g taken from the wa rehouse at the Executive Mansion and sent to Sierr a Leone. 10932

Defenc e Witness John Vinc ent

111 '1, 5 lssa Sesay, Transcr ipt 29 July 20 10, pp. 45073-45074. 11 1'12" Issa Sesay, Transcript 6 July 20 IO. pp. 43804. 43806-43808. 111 m Issa Sesay, Transcript 4 August 2010, p. 45405. 111 "2' DCT-179, Transcript 24 February 20 10, pp. 35865-35867. 1119, '1 Yanks Smythe. Transcript 24 February 20 10. pp. 35933-35934 . IIm u Yanks Smythe. Tran scr ipt 24 February 20 IO. pp. 35935-35936. l lN ll Yanks Smythe. Tran script 24 f ebruary 20 10. pp. 35934-35935. l um Yanks Smythe. Transcript 24 f ebruary 20 10. pp. 35936-35938.

1718 Case No.: SCSL-03-0 1-T 18 May 20 12 ARMSAND AMMUNITION

4936. Witness John Vince nt. a Liberian member of the RUF from Se ptember 1990 to 2000 before leav ing to join the Armed Forces of Liberia in 2001. testi fied that he met Jun gle on the way to the Waterworks meeting of 1998. which Vincent placed in Jul y, Au gust or 10933 September. Jun gle infor med Vince nt that he was making regul ar trips to Buedu and providing Bockari e with ammunition since he was able to eas ily travel from S ierra Leone to Liberia due to his dual Sierra Leo nea n and Liberian citi zenship.lo934 Vince nt did not know from where in Liberia Jun gl e obtained supplies but he never heard that these supplies carne fro m Taylor.10935

4937. Vince nt stated that he first met Zigzag Marzah in Liberia at the end of 2000 or 200 1 and never saw Marzah brin ging arms and ammunition in 1998 or 1999 to Sa m Bockarie.1 0936

Defence Witness Martin Geor ge

493 8. Witne ss Ma rtin George, an RUF Comma nder involved in the capture of Kono in 1998. and Brigade Co mma nde r in Kono in 1999.10937 stated that he had not heard of the RU F receiving any ammu nition from Taylor or the N PF L, nor did he him self recei ve anything fro m Tayl or.10938

Prosec ution Exhibit P-066

4939. Exh ibit P-066 is an unsigned letter, dated 24 Jun e 1998. fro m " Brigadier Sam Bockarie - CDSRUFSL" to Charles Taylor through his "Chief of Protocall " Alhaji Musa Sesay. The letter begin s by describing the RUF's supply shortages, stating that in the face of ECOMOG led attacks on RUF positi ons in Koidu and Kailah un, "we do not have rockets or bombs which are bad ly needed to handle the situation" and that the RUF was "me re ly managing. tIre sma II arnrnunmo. . n weI lave at h and as at now., .10939

lO'm John Vincent. Transcrip t 26 March 20 10. pp. 38 109-38 111. 1 0 93~ John Vincent. Transcript 26 March 20 10, pp. 38110-38111.

10<)35 John Vincent. Transcript 26 March 2010, p. 38 112.

10')36 John Vincent, Transcript 26 March 20 10. pp, 38113-38 114.

1I)'JJ1 DCT-062. Transcript 23 April 2010, pp. 39779-39782. 39794-39797 .

II!93g DCT-062. Transcript 23 April 20 10, pp. 39848-39852.

10'))<) Exhibit 1'-066. "Confidential - RUF Brigade Headquarter - Buedu. 'I ntormation and Request' , Report from Sam Bocka rie to Char les Taylor. 24 June 1998". ERN 7833.

1719 Case No.: SCS L-03-0 I-T 18 May 20 12 ARMS AND AMMUNITION

494 0. The letter requests that Musa Sesay meet with "The President" to explain these issues in detai I, and states:

We appreciate the assistance we have been receiving and we want you to believe that we have no where else to cry to for help besides you and his Excellency.

We usually receive materials without bombs and not even up to twenty (20) boxes which makes the operation. to capture and defend any strategic point difficult.

[... ] we are appealing that you please discuss the matter with His Excellency tor his timely intervention ofthe situation on the ground. 10<)40

Prosecution Exhibit P-067

4941 . Exhibit P-067 is a 1999 report to Foday Sankoh by the Black Guards, authored by Junior Vandi, a Black Guard comrnander.Y"" which indicates in general term s that throughout 1998 Taylor provided material support to the RUF . After recounting that Bockarie was called to Monrovia by Tayl or shortly after the Intervention, Exhibit P-067 states that:

From that point. the President gave huge quantity of logistics (Ammunition ) to the High-Comm and for us to start repelling the ECOMOG advancement or to contain situation.'?"?

4942. Exhibit P-067 indic ates that such support continued. After recounting the episode in which Sesay lost a parcel of diamonds in Monrovia, and prior to discussin g the Fitti-Fatta mission, the Black Guards state:

Moreso, President Taylor continues to give helping hands with logistics which involves foodstuff and materials.llIm

Deliberations

4943. The evidence adduced by the Prosecution consistently establishes, and the Defence co ncedes, that throughout 1998 and 1999 supplies of military equipment arrived in Buedu

10'W ' Exhibit 1'-066. "Conlidential - RUF Brigade Headquarter- Buedu, ' Information and Request' , Report from Sam Bockarie to Charles Taylor, 24 June 1998". ERN 7833. 1i"'4 1 TFI-371. Transcript 28 January 2008. p. 2406 (CS): Vandi authored it and he was a Black Guard commander. TFI-567. Transcript 2 July 2008. p. 12903. 1lI44Z Exhibit 1'-067, " RUF People's Ann [sic]- Situation Report to Foday Sankoh from the Black Revolutionary Guards" . ERN 9674-9675. 1<144 ) Exhibit 1'-067." RUF People' s Arm [sic]- Situation Report to Foday Sankoh from the Black Revolutionary Guards". ERN 9676.

1720 Case No.: SCSL-03-0 I-T 18 May 2012 ARMS AND AMMUNITION that were brought by Liberians.10944 Twenty Prosecution witnesses testified to supplies of materiel being brought by intermediaries and their accounts are complementary in most respects. According to these witnesses, Bockarie would radio requests through to Liberia when he was short of materiel.10945 Usually one or a combination of Daniel Tarnba, Sampson Weah, Joseph Marzah and Dopoe Menkarzon would bring the supplies,1094 6 either ~ ~ from tehl \ ccused's rarm .111 Gbarnga, 10947 or rrorn WhiIte FIower .III Monrovia, .1094 8 EVIidence indicates that Tamba,1 0949 Marzahl0950 and Weahl0951 were employed as the Accused's security personnel. These persons would travel by road during 1998,1 0952 and from mid-

100" See Defen ce Final Tr ial Br iel: para 1091 ("T here is also a significant body of ev idence that interm edi arie s such as Daniel Tamba (Jun g le). Joseph Marzah (a.k.a, Z igzag), Sampson Wehy ee and ot hers deli vered arms and ammunition to the RUF throughout 1998 and perh aps into 1999. ...The Defence submits that essenti ally these individuals. in conj unction with others. opera ted a private enterprise that was mutually beneficial to themsel ves...") , 1103 ("The ev ide nce favours the co nclusion that while Ta mba and others did make trips from Liberia to Sierra Leone. that they transported amm unition rather than arms ...").

IIm 5 TF 1-58 5. Transcript 8 Sep tember 2008, p. 15682 ; Daud a Aruna Fornie , Transcr ipt 2 December 2008, p. 2 1479; TFI-51 6. Transcript 8 April 2008. p. 694 9.

11l"46 TF 1-585. Transcript 8 September 2008 , pp. 15652 , 15655 (stating that Jung le brought supplies); Dauda Aruna Ferni e. Transcript 2 December 2008 . pp. 21489-21492 (S unlight would inform Bockarie that Yeaten would dispatch Jungle . Z igzag Marzah or Liberian Mosquito with materi als to Sierra Leone): TF I-567. Transc ript 2 July 2008. p. 12903 (e nco untering Bockarie, Jun gle, Z igzag Marzah, Juni or Vandi and others unloading ammunition): TFI-5 16, Tra nscript 8 April 2008. pp. 6952 -69 53 (testifying that Zigzag Marzah. Jun gle and Dopoe Menk arzon brought arms and ammu nition into Sierra L. eone shortly after the Inte rventi on in 1998) ; Augustine Mallah. Transcr ipt 13 No vember 2008. p. 202 14 (testifying that he saw Jun gle in Bued u up to three times in 1998 ): Mohamed Kabb ah, Transcript 12 September 2008. pp. 16 140-16142 (the RUF survived on " bits and piece s" of ammunition whi ch Jungle brought in a pick up truck) : TFI-37L Transcript 28 January 2008 . pp. 237 9-2380 (CS)(the RUF received materiel delivered by escorts including Z igzag Marzah. Jun gle and Sampson).

111 0)47 TFI-585, Transc ript 8 September 2008. pp. 15661-15662; Augustine Mall ah, Transcript 13 November 2008, p. 20215. 10" 4" TF I-579. Tra nscript 5 November 2008. pp. 19839-19842: TFl-585. Transcript 8 September 2008, p. 15658: Transcript 9 Se ptember 2008. p. 15794 (CS ): Joseph Marzah . Transcript 12 March 2008. p. 5875. I<)" ~" The Trial Chamber has previou sly found that Daniel Tamba (a.k.a, Jun gle) worked for the SSS as a subordinate of Benjamin Yeaton and the Accused thro ughout the Indictment period. See supra, The Role of Intermediaries: Daniel Tamb a (a.k.a. Jun gle ). 10950 The Trial Chamber has previou sly expressed doubts conce rning Joseph Marzah ' s claim in his testim ony that he was SSS Chief of Operations at the Acc used's Executive Mansion . See supra, Credibility Assessment, Joseph Marzah, paras 263-268 . Howeve r. it accepts on the evid ence of a number of Prosecut ion witnesses that Marzah did work for the Accused. TFI-567, Transc ript 2 July 2008. p. 12903 (Bockarie introdu ced Z igzag Marzah and others as "the Liberi an brothers sent by Charles Taylor"): Dauda Aruna Fornie, Transcr ipt 2 Decem ber 2008. pp. 21489-2 1492 (Sunlight would inform Bockarie that Yeaten would desp atch Jungle, Z igzag Marzah or Liberian Mosquito with materials to Sie rra Leone):Abu Keita, Tran script 23 January 2008 , p. 1991 (Keita testifi ed that Marzah and Jungle were sent to Sierra Leone by Benjamin Yeaten). 10951 Eviden ce indicates that Sampso n Weah was a member of the SSS working under the direction of Benjamin Yeaten. TF I-516. Tran script 9 April 2008. p. 6991 ("Sampson Weah was a brother to Benjam in D Yeaten, but he was ass igned to him as well"); TF I-37 5. Transcript 23 Jun e 200 8. p. 12535 ("The cars were driven by Jun gle and Sampso n Weah. The y were both from the SSS "): TF I-579. Transc ript 5 Novembe r 2008, p. 19831 ("Sampson Weah was a broth er to Benj amin Yea ten and he was also an SSS personnel").

10'1;2 1'1"' 1-585, Transc ript 8 Se ptember 2008. p. 15660 : TFI -5 16. Tran script 8 April 2008. p. 6955: Jabaty Jaward, Transcript 10 July 2008. p. 13385 .

1721 Case No .: SCSL-03-01-T 18May2012 .lf2 3 1.5 ARMS AND AMMUNITION

1999, when insurgents began attac ks on Lofa Co unty, amm unition was tlown to Foya via helicopt er and taken to Buedu by road. 10953 Sometimes the intermediaries would take the supplies as far as Foya and Bockarie would send vehicles to collec t them .1 0954

4944. Four Prosecut ion witness es (Joseph Marza h, T F 1-579. Varm uya n Sherif and Abu Keita) testi fied to being directly involved in transporting military eq uipment from Liberia to the RUF/AFR C in Buedu.Sherif and Marzah stated that they took direct instruction s from the Accused when they transported those supplies to the RUF.10955 TF J-579 did not directly state that he believed the Accused to be invol ved in or sa nctioned the deli very of supplies to Buedu in 1998. However, he noted that secrecy measures were requ ired on the trips "t o prevent peopl e from knowin g that Mr Tay lor was involved with the RUF movemenf'.10956 He also testified that the G4 Co mmander at the arms and ammunitions warehouse next to the Accused's house was aware that supplies of ammu nition listed by Benjam in Yeate n were lom bei ng issued to the witness , Zigzag, Sampso n and Jun gle. TF J-579 stated that the intermed iaries deli vering supplies had no difficulty getti ng th rough the bord er chec kpoints, even though AFL so ldiers were stationed the re.10958 Keita stated that the Accused sent him to Buedu but that Yeaten provided him o ne AK- 47, a pistol, ten boxes of ammunition. and three forme r NPFLlo959 Liberian bodygu ards anned with ritles to take with him. 10960

Ifl')50 TF I-5 16. Transc ript 8 April 2008 . pp. 6955 -6958 : Perry Kamara, Transcript 5 Feb ruary 2008 . pp. 3 118­ 3 119. Ifl'IH Perry Kamara, Tran script 5 February 2008, p. 3 119: Varmuyan Sherif , Transcript 14 Jan uary 2008. pp. 1142-11 44 (Sherif's account of meeting Bockarie at Foya and movi ng to Buedu together): TF I-5 16. Transcrip t 8 Ap ril 2008 . p. 6956 (Foya was a strateg ic po int wherein to coordinate meetings with those who were sent from Monrovia and those to be taken to Monrovia from Sierra Leone).

Ifl955 Jose ph Marzah, Transcript 12 March 2008. pp. 5876-5877 (Marzah stated that he undertook these trips "on the direct instructio ns of Charles Taylor" and that".. .it was a governmen t that had a const itution that gove rned the country led by him, Charles Tay lor. So. anyth ing we did was by his orders"}; Varmuyan Sherif. Transcript 9 January 2008 . pp. 851 -852 C [Taylor] called me bac k and instr ucted me that whatever arms and ammunition that I am bringin g to Monrovi a I shouldn't bring them to Monrovia again . I should take them and turn everything over to Sam Bockarie that I had") .

10956 TF I-579. Transcript 5 Nove mber 2008 . pp. 2 1122. 19834-19835 (TF I-579 exp lained that he would not wea r his uniform on trips to Sierra Leone ··to preven t people from knowing that Mr Tay lor was involved with the RUF mo vement").

Ifl'Jj7 TF 1-579, Tra nsc ript 5 November 2008. pp. 19837-19839.

Ill'!" TF I-579. Transcript 5 Nove mbe r 2008 . p. 19835. See also Arm s and Amm unition: Prelim inary Issues, Closure of Borde r/A rms Embargo . 1'P1 W Abu Keita, Transcript 23 January 2008 . p. 1982.

10'," fl Abu Keita. Tran script 23 January 2008 . pp. 1982-1984.

1722 Case No .: SCSL-03-0 1-T 18 May 20 12 ARMS AND AMMUNITION

4945. The Trial Chamber recalls its findings that the testimonies of Marzah and TF 1-579 must be con sidered with caution.1096 1 Further, the Defence contended that with regard to several trips TF 1-579 allegedly participated in from Monrovia to Buedu, in which material was delivered to Bockarie, the witness's accounts were inconsistent regarding the dates of these shipments, the materiel included in them, and the number of vehicles participating in these shipments.10962 When confronted with the inconsistencies regarding the dates of the se shipments, the witness explained that he remembered it was during the rainy sea son and that these events occurred "during action time and we are human beings. It is possible anybody can make mistakes ov er years". 10963

4946. However. thirteen other Prosecution witnesses corroborate the account of TF 1-579 and Marzah that the Accused was the source of the materiel supplied by inter alia Daniel 1096 Tamba, Joseph Marzah and Sampso n Weah. -1 The Defence submits that the se witn esses tended to conflate the fact that materiel came across the border from Liberia with the ass umption that such materials were necessarily provided by or on behalf of the

10'161 Credibility Assessment. Joseph Marzah. paras 263 -268; Credibility Assessment. Tfl-579. paras 33 9 -3 ~ 5. 10'16" Defen ce Final Trial Brief. paras 1464-1468; Tf 1-579. Transcript 5 November 2008. pp. 19831, 19837­ 19846; Transcript 25 Nov ember 2008, pp. 21081, 21083-21087: Transcript 26 Nov ember 2008, pp. 21184­ 2119 7 (PS) . 10% 3 TFI-579. Transcript 25 November 2008. pp. 2 1085-2 1087. l o%~ TFI-567. Tran script 2 July 2008. p. 12903 (Bockarie introduced Zigzag Marzah and others as ..the Liber ian brothers sent by Charles Taylor"); Transcript 4 July 2008. p. 12966 (when Jungle and others came with this ammunition "they used to say that it was the Pa, Charles Taylor. who sent the ammunition. he said becau se when it is time for peace he should prep are for war"); Dauda Aruna Fernie, Transcript 2 December 2008, p. 21479 (Bockarie. throu gh his radio operators. would contact Benjamin Yeaten or Taylor to request military supplies); TF 1-516, Transcript 9 April 2008. pp. 7001-7002 (when instructions concerning ammunition carne from Base I. the witn ess deduced the fact that it ca me from Benjamin Yeaten and when those instruction s came from call sign 020 he deduced that it was coming from Taylor); Denni s Koker, Tran script 15 January 2008. p. 1 37~ (Dennis Koker, Transcript 15 January 2008, p. 1374 (Kok er was told by his men that the arms cam e from "Charles Taylor's men"); Perry Kam ara, Transcript 5 February 2008. pp. 3117-3118 ("when this ammunition would come we would get information from Sam Bockarie that he had brought ammunitions from Mr Charles Taylor"): Mohamed Kabbah, Trans cript 15 September 2008. pp. IM28-1 6431: Jabaty Jaward, Transcript 10 July 2008. p. 13387 (the Liberi an men bringin g arms "also used to express most of their relationships with Charles Taylor' s government in Liberia when they come"): Isaac Mongor. Transcript II March 2008. pp. 5744-5745: Albert Saidu, Transcript ~ June 2008. pp. 11027-11029 (whenever Jungle came to the RUF territory. ther e was a general understanding amongst the RUF that he brou ght "materials", arms, ammunitions, food and drug s to the RUF fighters which they used to fight and that those "m aterials" were sent by Charles Taylor): TFI-362. Tran script 27 Febru ary 2008. p. 490 9 (In response to the que stion of whether Bockarie told her about the source of supplies. the witn ess stated: "H e was not specific. He said he can collect - he used to collect arm s and ammunition from Charles Tay lor"): Komba Sumana.. Transc ript 7 October 2008. pp. 180~ 1-1804 2 (three soldiers with red hats delivered arms at pass out parade. and his friend inform ed him that the men with red hats were Taylor's so ldiers): Alimamy Bobson Sesay, Transcript 24 April 2008, pp. 8504-8506. 8509; Vannuyan Sherif Transcript 9 January 2008. pp. 851-852 (Sherif was shown where these ann s were hidden by the former fighters. Sherif saw about lour pickup-truckloads of arms and ammunition in goo d condition. Sheri f took three of these truckload s back to Monrovia before Taylor informed him that he should supply the last load directly to Bockarie) .

1723 Case No.: SCSL-03-0 I- T 18 May 2012 ARM S AND AMMUNITION

Accu sed. I096 5 The Defence also contends that the witnesses who testified that the Accu sed was the so urce of such shipments only through hearsay cannot be relied upon as

IO corroborative evidence. 'J66

4947. The Trial Cham ber finds the first contention of the Defen ce unconvincing. The Trial Chamber notes that two of the Prosecuti on witnesses appea red to rely for their belief that the Acc used was the source of materiel supplies on a general belief of indeterminate source. However, these witne sses are supp orted by the majority of witnesses, who provided a concrete foundation for their belief, Of these witnesses , seven testifi ed that they were ex plicitly told that the materiel was supplied from the Acc used, either from the intermediaries who delivered those supplies or from Bockarie himselC 10967 Oth er witnesses testifi ed that the intermediarie s who delivered the supplies were the Accused's subordinates. 10968

4948. In relation to the second Defence contention, the Trial Chamber recognises that an important part of the Prosecut ion ' s evidence as to the Acc used's involvement is hearsay. However, it notes that the hearsay evidence of Prosecuti on witnesses is corroborated by other evidence from the remaining Prosecution witnesses which also points to the Accused as the source of the supplies. The Trial Chamber places particular weight on TF I-5 16's

10'16; Defen ce Final Trial Bric e para. 1080 .

1<",6& De fen ce Fin al Tr ial Brief, para. 1147.

10'167 TFI -567. T ranscript 2 July 2008. p. 12906 (""Jungle and others we re say ing that it was the Papay .Charles Tay lor. who used to give the arms and amm unition") : Den nis Kok er. Transcript 15 Janu ary 2008. p. 1374 (Koker was told by his men that the arms came from "C harles Taylor's men "); Perry Kamara. Transcri pt 5 February 2008. p. 3 118 (vwhen this am munition would co me we wou ld get information fro m Sam Bockarie that he had brou ght ammunit ions from M r C harles Taylor"); Moh am ed Kabbah. Transcri pt 15 September 200 8. p. 164 29 ("'And always wh en Jun gle came he said he carne from Ch arles Taylor from the man sion and when Mosquito sent him he wo uld se nd him to Charles Taylor"); Jabaty Jaward, Transcript 10 Jul y 2008 . p. 13387 CIn addition to that, they also used to ex press most of their relat ion sh ips wit h Cha rles Taylor' s go vernment in Liber ia whe n they come"). pp. 13391-1 3392 (In late 1998. Bockari e stated that he had ca lled to " the Papay in Libe ria" and that he expected men to arr ive sho rtly with arms and am mu nition); Isaac Mongo r. Transcript II March 2008. p. 5745 ("'1 sent to Bue du fo r the m to se nd me so me ammunition and Mosquito to ld me to exercise some patien ce [.. .] and he told me that Co lone l Jungle had gone to Liberia. to Mr Tay lor. to get som e ammu nitio n. [... 1ind eed when they brought the amm uniti on. he sent some ammunition for me in Kon o"; TFI -362. Transcript 27 February 2008. p. 4909 (In respon se to the question of whe the r Boc ka ric told her about the source o f supplies. the witness stated: " He was not specific. He said he can co llect - he used to collect arms and ammunit ion from Charles Tay lor"). The Tr ial Chamber has not relied on the ev ide nce of Augustine Mall ah that Jungle had attributed the so urce of materiel to the Acc used as Mallah later stated that he was not sure of seeing Jungle on that occasion : Au gustine Mallah. Transcript 17 November 200 8. p. 2043 3; Transcript 13 November 2008 . p. 202 15. I"

1724 Case No .: SC SL-03-0 1-T 18 May 20 12 4231J? ARMS AND AMMUNITION evidence that he was privy to radio conversations in which instructions we re given from the ' ,0969 radio station at the Executive Man sion for the delivery of materiel. Further, Fornie testified that he was told Yeaten sought instructions from the Accused in relati on to Bockarie 's request for arms and ammunitions.10970

494 9. The concl usion that materi el ass istance was provided by the Acc used is also bolstered by contemp ora ry documentary evidence in the form of Exhibit P-067 and P-066. There is no indication in P-067 as to how its authors knew that the Accu sed was sending supplies to the RUF. However, the Trial Chamber notes that the Black Guards we re intelli gence officers who had access to senior command ers. The Trial C hamber is satisfied that Exhibit P-067 is a credible source to support the allegation that the Acc used was sending supplies to the RUF. Exhibit P-066 suggests that prior to June 1998 the RUF had been receiving, albeit in a relati vely small quanti ty, materiel from the Accused. The Defence has relied on this document in substantiating its submissions conc erning the RUF 's shortag e of materi el during th is time ,lonl

4950. The Defence suggests that Prosecution witnesses have been induced, by staff of the O ffice of the Prosecutor, to link the Accused with arrns shipments, citing spec ifica lly TF 1­ 585 and Edna Bangura as examples,10972 The Trial Chamber has not relied on the ev idence of Edna Bangura in determining whether arms shipments to Sierra Leone have been linked to the Acc used.lon 3 In relation to the ev idence ofTF1-585, the Defence submits that because TF 1-585 had testifi ed that a former RUF operator had spoken to her in Sierra Leone about the Special Co urt for Sierra Leone see king witnesses to testify regarding " the thin gs that went on between Liberia and Sierra Leone ", "the arms and ammunition that were brought ove r" and 'Taylor's involvement in the Sierra Leone wa r", she had been encouraged to give testimon, y concern, mg anns and ammunition. . origm.. atmg. tirom tIte Accuseo. d 10974

1"' )(,'1 TF 1-516. Transcript 9 Apri l 2008 . p, 700 I C'So instruc tions com ing from Base I - instruc tio n coming from Base I - we dedu ce the fact that it came from Benjami n D. Yeaten and instruction from ca ll sign 020 we ded uce the fact that it was comi ng from the President"). 10'170 Dauda Ar una Forni e. Transcript 2 Decem ber 2008. pp. 2 1527, 2 1489-2 1492 . 10<1 7 1 Defence Fina l Trial Brief, foo tnote 2 181. p. 272 . 10'!72 Defence Final Tria l Brief: para. 1142.

10'173 TF I-3 14. Transcript 20 Octo ber 2008, pp. 18754-18755. 10'>74 TF 1-585. Tra nscript 10 Septembe r 2008 . pp. 15940-15941.

1725 Case No.:SCSL-03-0 I-T 18May 2012 ARMS AND AMMUNITION

495 1. The Trial Cham ber co nsiders that the fact that the witness was told , in general terms, that the Co urt was see king witnesses to give evidence on issues relevant to the trial of the Accused, does not undermine her gen eral credibility. and is not outside the ordinary process of ev ide nce gathe ring by the parties. The Trial Chamber considers TF 1-585 to be a credible and reliable wit ness in relation to Dan iel Tamba 's visits, given her contac t with, and the information she was provided by, Tamba's driver Alpha Jalloh.10975

495 2. Turning to the Defence submission that in supplying arm s and ammunitions to Boc karie during 1998 the individuals invo lved were operating a private enterp rise inde pende nt of the Acc used, I0976 the Tria l Chamber has previously discussed its co nce rns rega rding the general credibility of DCT-008 and the probl ematic nature of his evidence co ncern ing a "secret" arrangement between Yeaten and Bockarie for Yeaten to sell materiel 10977 to Bockarie.

4953 . The Tria l Chamber has consid ered the Defence theory that Yeaten was acting independ en tly of the Accused in a private enterprise. The Tria l Chamber considers that this theory is difficult to accept in light of Defence evidence co ncerning the abil ity of Yeaten to obtain supplies witho ut the Acc used's knowledge. The Tria l Chamber recalls Yanks Smythe's test imony that at the arms and ammunitions wa rehouse next to White Flowe r, it was not possible for the Director of the SSS to obtain any significant amo unt of supplies without the approval of the Presid ent, and it was staffed 24 hours a day by SSS personnel.10978 While Vincent testified that the SSS had another small warehouse at the Exec utive Mansion which could be accessed without Presid ential approv al. 10979 a num ber of the Prosecuti on witnesses testifi ed specifica lly that the arms and ammunitions delivered to I0980 Buedu originated from the warehouse next to or near White Flower. The Accused a lso testified that form al requests had to be made by SSS personnel for arms and ammunition and stric t records were kept of arms and amm unition rounds assigned. making the clandestine

Ion , TF I-585. Transcripl9 September 2008. pp, 15791-15792 (PS).

IU97(, Defence Final Trial Brief. para. 1091.

IO'J77 Credibi lity Assessmen t, DCT-008, paras 373-380. 10'm Yanks Smythe. Transcript 24 Feb ruary 20 IO. pp. 35933-35934.

IO'J7" Yank s Smythe, Transcri pt 24 February 20 10. pp. 35936-35938.

10%0 TF I-585. Transcripl 8 September 2008. p. 15658; Transcript <) September 2008. p. 15794 (CS ); Joseph Marzah, Transcript 12 March 200S. p. 5875; TFI-579. Tra nscript 5 November 2008. pp. 19837-19839.

1726 Case No .: SCSL- 03-0 I-T 18May 2012 42320 ARMS AND AMMUNITION

removal of materiel difficult. 10981 The Accused's insistence that he did not have access to the warehouse at White Flower, which was under Benjamin Yeaten's command, lacks credibility given his evidence that the warehouse was located next door to his residence and that the arms kept there were for the purp ose of the President's own security. 10982

4954. The Trial Chamber further considers the Defence contention that the individuals transporting arms were involved in a private enterprise which they wished to keep secret incompatible with the consistent evidence by Prosecution witnesses that it was open knowledge amongst the Sierra Leonean rebel s that these individuals were bringing arms and ammunitions on behalf of the Accused.1 0983 That person s such as Tamba would openly implicate the Accused as the source of supplies is not consistent with the notion that they wished their activities to be kept hidden from the Accused. While the evidence does disclose indications of sec recy mea sures surrounding the delivery of arms and ammunitions to the RUF by inter alia Daniel Tamba, Joseph Marzah and Sampson Weah ,10984 it also suggests that such measures were intended to mask the Accused's involvement from civilians rather than to hide the transactions from the Accused.

4955. The Trial Chamber also recall s its earlier finding that Issa Sesay's evidence on matters beyond the basic facts and sequence of events in the Sierra Leonean civil war must generally be considered with cauti on. 10985 Despite his claim that he was a close friend of Tamba's, his evidence that during this period Jungle did not bring materiel from Liberia is contradicted even by one of the Defence witnesses, John Vincent, who states that he was aware that Ta mba was making regular trips between Buedu and Liberia to transport ammunition in 1998.10986 In light of the overwhelming evidence by Prosecution witnesses,

10'!X1 Charles Ghankay Taylo r, Transcript 3 1 Augu st 2009. pp. 28007·2 8009.

l,m 1 Charles Gha nkay Taylor. Tra nsc ript 3 1 Augu st 2009. p. 28009 .

10" X} See Arm s and Ammunitions: Allegations of Direct Supply by the Accu sed. But see Au gustin e Mallah. Transcript 17 No vember 2008, p. 20450 ("'It was not something that all the RUF needed to know about. that Zig zag Marzah was bringing ammunition. becau se enemies som etimes might capture any RUF fighter on the front line and they would want to know where you are getting your ammunition from or from whom. so the high command did not actually exp ose some oftho se thin gs to fighters that much").

10"" For example. TFI-567 noted that B ock ~rie advised the Liber ians to avoid civilians becoming awa re of their presence: TFI-567. Transcript 2 July 2008 , p. 1290 3. TFI-579 also stated that the intermediaries did not wear their SSS uniforms on trip s to Sie rra Leone. in orde r "to prevent peopl e from knowing that Mr Tay lor was involved with the RUF movem ent" : T FI-579. Transcript 5 Novem ber 2008. pp. 21122. 19834-1 9835. This wa s also a practice shared by Varmuyan Sherif: Varmuyan Sherif, Transcript 9 Janu ary 2008, p. 856; see also Vannuyan Sherif: Transc ript 9 January 2008. p. 1143. I< J'JR ; Credibility Assessment. lssa Sesay, paras 359-3 72. l o"~ (, John Vince nt. Transcript 26 March 20 10. pp. 38 109-38 112.

1727 Case No .: SCSL-03-01-T 18May 2012 4 232 :1 ARMS AND AMMUNITION the Trial Chamber find s that Sesay's denial that Daniel Ta rnba, Mar zah and Sampso n were not bringin g materiel supplies to the RUF from the Acc used is not credible.

4956. The Defence also refers to the lack of a "general picture of arms and ammunitions shipments go ing from or through Liberia to Sierra Leo ne at this time" fro m any of the witnesses, sugg esting that the transportation of arms across borders was conducted in a "rather haphazard manner" rather than an "organised, presidentially-directed one".10987 The Defence cites in particular the fact that Marzah did not know Sherif to be involved in the transportation o f arms and ammunition to the RU F, despite the fact that both witn esses were senior figures in the SSS .10 988 The Trial Chamber does not consider the lack o f co-o peration amo ngst the intermed iaries engaged in supply to be dispositive of the Accused's non- involvem ent or non- awareness.

4957 . Finally, the Trial Chamber note s that Bobson Sesay's ev idence that the Accused confirmed at a meeting with AFRC leaders in August 1999 that he had supplied food , arms and ammunitions to the Sierra Leone an rebel troops l0989 also corroborates the various witness es who testified that they were to ld the supplies carne from the Accused . The Tria l Chambe r notes that on cross-examinat ion Bobson Sesay was question ed abo ut why it was only in 2007 that he first ment ioned to the Prosecut ion the Accu sed ' s co mments abo ut providing logistical support, although in va rious interv iews from 2003 he had been asked about support prov ided by the Accused to the RUF/AFRC. The witness expl ained that it was not until 2007 that inves tigators asked him to provide further detail on his knowl edge of the provision of arms and amm unition. 10990 He also noted that for a long time he was afraid of repercussion s from the Accused, and did not vo lunteer answers unle ss he was spec ifica lly as ked about them ,1 0991 Recalling that Bobson Sesay is a ge nera lly credible witness,10992 the Trial Chambe r co nsiders this a plausibl e ex planation ofthe omiss ion.

495 8. On the strength of the Prosecuti on case, the Trial Cha mber is sat isfied that supplies ofarrns and ammunitions were sent to the RUF/AFRC in Buedu between February 1998 and

IO'>R 7 Defe nce Final Trial Brier: paras 11 36-11 37.

IO'lRX Defence Final Trial Brier: para. 11 36.

IO'IX'l A limamy Babson Sesay, Tra nscript 24 April 200S, p. 8506 Ilmo Alimamy Babso n Sesay. Transcript 25 April 2008. pp, 859 7-8598. lo'm Alimamy Ba bson Sesay, Tra nscript 25 April 2008 . pp, 8597, 8599 .

IO'l'12 Credib ility Asses sment. Alirnamy Bab son Sesay. paras 285-289 .

1728 Case No. : SCSL-03-0 1-'1' 18 May 20 12 42322 ARMS AND AMMUNITION

December 1999 by the Acc used, through , inter alia, Dani el Ta rnba, Sampson Weah and Jos eph Marzah .

Q uantity of materi el supplied

4959. The Tria l Chamber has heard co nfl icting evi de nce from Prosecuti on witnesses 111 relation to the quantity of ammunitions or arms supplied. A num ber of witnesses claim ed that the amo unt of supplies delivered by the intermediaries was significant, amounting to, for example, "ten-tyred" military trucks full of arms and ammunition.10993 Such evidence is supported by Exhibit P-067, which record ed that the quantity of ammunition give n to the " High-Command" by the " President" was '·huge". 109940 ther witnesses testi fied that the de live ries we re not large and ge nerally bro ught in pick up tru cks.10995

4960. The Trial C hamber heard con sistent ev idence that the RUF was short of ammunition after the ECOMOG Interventi on through 1998 until the December 1998 shipme nt. In addition to TF 1-371 's testimony,10996 TF 1-579 testified that the RUF had its own weapo ns but was short of ammunition.10997 Isaac Mo ngo r stated that while in Kono in 1998, the RU F 10998 had no ammunition. Karrn oh Kanneh recall s discussing in the contex t of one of the meetings at Waterworks during 1998 the shortage of ammunition in his ow n area .1 0999 Defence witness John Vince nt testified that before the Waterwo rks meeting, the RUF was ou t of ammunition. I 1000 Moh am ed Kabbah also testi fied that Tamba "never used to bring

lu'm Den nis Koker, Transcript 15 January 2008 . pp . 1288-1289; TF I-567, Transcript 2 July 2008 . p. 12906; TF I­ 5 16. Transcript 8 Apri l 2008 . p. 6955. 10""4 Exhibit 1'-067. " RUF People' s Ann [sic]-Situation Repo rt to Foday Sankoh from the Black Revolu tionary Guards" . ERN 9674-96 75.

IU'I'I; TF I-37 1. Transc ript 30 January 2008 . p. 2670 (CS); Mo hamed Kabbah. Transcript 17 September 2008. pp. 16422-1 6424: TF I-579 . Transcript 5 November 2008, pp. 19830-1 9834: Vannuyan Sherif, Tra nscript 9 Jan uary 2008 . p. 855 : Augustine Mallah. Tra nscript 13 November 2008. pp. 202 15-202 16; Tran script 17 Nove mber 2008 , pp. 20424-20425.

111" % TF I-37 1. Transcrip t 30 Jan uary 2008 . pp. 2670-267 1 (C S).

IU')'17 TF I-579, Transcript 25 November 2008 . pp. 2 1138-2 1141. I'ms Isaac Mongor. Tran script II Marc h 2008 . pp. 5744-5745.

I U"" ') Kar moh Kanneh, Transcript 9 May 2008 , p. 94 16: see also Exhibit 1'-080. " UN Security Cou nci l - First Progress Report of the Sec retary -Ge ne ral on the UN Ob server Mi ssion in Sierra Leo ne". 12 August 1998, ERN 12388: "R eport ed shortages o f food and ammunition among the rebel s have increased the risk that they could attack ECO MOG convoys and isolated settle ments in order to resupply them selves ...... ; Samue l Kargbo. Transcript 22 May 2008 . p. 10515: Kargbo testified that after the ECOMOG Intervention. the AFRC and RUF had to abandon the heavy arti llery and weapo ns in Freet own and there was no way for the AFRC to rep lace the arms that we re lost. J It "'" Jo hn Vince nt. Transcript 3 1 March 20 10. pp. 384 18-384 19.

1729 Case No .: SCSL-03 -0 1-T 18 May 20 12 42323 ARMS AND AMMUNITION enough ammunition".llool There is also evidence from TFI-375 that when Superman and SAJ Musa refused to hand over the ammunition captured from Kabala to Bockarie, Bockarie told them that he was in need of ammunition and sent someone to recover it.11002 Exhibit P- 066 indicates that the RUF were sh ort of ammunition by June 1998 to repel ECOMOG attacks and that the Accused was not sending supplies o f a sufficient quantity to enable the RUFto delenfend strategicstratezi positi. .ons. 11003

4961. TI~e Trial Chamber co nsiders that the weight of the evidence indi cates that large a mounts o f materiel were not delivered to the RUF /AFRC during 1998 and 1999 by, inter alia. Tarnba, Marzah and Weah.11 004 The Trial Chamber accepts the evidence o f TF 1-371 that between the three large shipme nts he recalled in October 1997 (the Magburaka Shipment), November/December 1998 (the Burkina Faso shipment) and in March 1999, supplies of materiel obtained by the RUF were not large. I 1005 The Trial Chamber considers that the Accused's evidence that during this peri od Liberia also faced a shortage of arm s I 1006 is not incon sistent with the evidence of the maj ority of the witnesses that arms and ammunitions delivered from Liberia by, inter alia, Tarnba, Marzah and Weah were few .

4962. The Defence also questioned whether these alleged intermediaries transported arms I IOO and ammunition or merely ammunition . ? The Trial Chamber notes that Moh amed Kabbah repeatedly affirmed that the s upplies which the RUF received from Liberia in this period comprised ammunition and not arms; he testified that the RUF had sufficient arms in 1998 and 1999.11008 TF 1-579 also stated that as far as he was aware, only ammunition was carn.e d on t Ilese trip' s. not arms. 11 009

11001 Mohamed Kabbah.Transcript 12 September 2008 . p. 16141.

11002 TFl-375. Transcript 24 June 2008. pp. 12567-12569.

11(0 ) Exhibit P-066 . "Confidenti al - RUF Brigade Headqu arter - Buedu.' Info rmation and Request'. Report from Sam Bockarie to Charles Tay lor. 24 June 1998".ERN 7833 . I Ilm For exa mple. TF I-585. Transcript 8 Septembe r 200 8. pp. 15663. 15778-15 782: Transcript 9 September 2008. pp. 15778-15782 (testi fying that five trucks carne from Monrovia to Buedu in late 1999 ).

110<1 5 TFJ -371. Tran script 3 1 January 2008. p. 2700 (CS) .

11001, Charl es Ghankay Taylor, Transcript 6 August 2009 . pp. 26191-26192: Tra nscript 17 August 2009 . pp. 2690 1-26903. 11007 Defence Final Trial Briel: para. 110 l.

II

11"'9 TFI-579. Transcript 25 Nove mber 2008. p. 2 1142: Tr-I-5 16. Transc ript 8 April 200 8. pp. 6949. 6965 (testify ing that radio reque sts for materiel were only for ammunitions. not arms).

1730 Case No.: SCSL-03- 0 1-T 18 May 2012 42324 ARMS AND AMMUNITION

4963. However, the Trial Chamber considers that Kabba h, a radi o operator, was unlik ely to have a comprehensive overview of wh at wa s brought into Sierra Leone from Liberia. Other witnesses in a better position to be aw are of supplies received, including RUF commander Denni s Koker and stores operator Jabaty Jaward , testifi ed to arm s also being deli vered by 010 Tamba, Sampso n and Marzah ." Further, accord ing to Joseph Marzah, when he made transported materiel supplies to Sierra Leo ne, he carr ied both arm s and ammunitions.'!"!'

4964. The weight of the evidence suggests that the military equipment deli vered by, inter alia, Tamba, Weah and Marzah cons isted of both arms and ammunition.

Findings

4965. The Trial Chamber finds that Prosecution has proved bey ond reason able doubt that supplies of arms and ammunition were sent to the RUF/AFRC in Buedu between February 1998 and December 1999 by the Accused, through , inter alia, Dani el Tamba (a.k.a. Jun gle), Sampson Weah and Joseph (a. k.a. Zigzag) Ma rza h. However, there is insu fficient ev idence to establi sh beyond reason able doubt that, except for the Burkina Faso shipment of November/December 1998, the amounts of materiel provided by the Accused in 1998 and 1999 th rough, inter alia, Dani el Tarnba, Sampso n Weah and Joseph Marzah we re large.

.iliL Alleged trip s bv Bockarie to Liberia in 1998

Submissions ofthe Parties

4966. The Prosecuti on contends that Bockarie mad e regul ar trips to Liberia in 1998,11 01 2 as a result of which, Bockarie received substantial amounts of arm s, ammunition and other ass istance from the Accused which were then distributed to fro nt-line co mmande rs.I 1013 The Prosecution submits that in return fo r this materiel, Bockarie delivered diamonds to the Accused. " 0 14

11010 See for example. TF I-585. Transcript 8 September 2008. p. 15652; Dennis Koker. Transc ript 15 Jan uary 2008. pp. 1284-1286; Jabaty Jaward. Tra nscri pt 10 July 2008. p. 13392. IllI ll Joseph Marzah, Transcript 12 March 2008. p. 5875 .

1101 2 Prosecution Final Trial Brief. paras 238-242 . 110 13 Prosecution Fina l Trial Brief. paras 238-242. IIOI ~ Prosecution Fina l Trial Brief. para. 242 .

1731 Case No.: SCSL-03-0 I-T 18 May 20 12 42325 ARMS AND AMMUNITION

496 7. The Prosecuti on concedes that the evidentiary record concerning how man y such trips were allegedly made in 1998 and on which dates is imprecise. and attributes this to the recollection of witnesses some ten years on, explaining that "[djetails regarding the exact number and specific timing o f the se trips may have been impacted by the passing of time".1101 5 The Prosecution nonetheless submits that "there can be no reason able doubt that these multiple trips occurred". 110 16 In support o f its allegations, the Prosecution adduced evidence from witnesses Dauda Aruna Fornie, Karrnoh Kanneh, TF 1-585 , Albert Saidu, Alice Pyne, Jabaty Jaward, Augustine Mallah, TFI-371. Mohamed Kabbah, Samuel Kargbo, Perry Kamara, TFI-516 and TFI-367.

4968. The Defence submiss ions in relation to thi s allegation centre on the primarily hearsay nature of the evidence and the reliability of the witnesses .11017 The Defence also adduced evidence from the Accused and Issa Sesay.

Evidence

Prosecution Witness Dauda Aruna Fornie

4969. Witness Dauda Aruna Fornie testified that in the period before the Freetown attack of 6 January 1999, he made six trips to Monrovia.llols This section sets o ut below his evidence as to the three trip s prior to the Burkina Faso shipment which, according to Fornie, resulted in Bockarie or other members o f the RUr returning with a consignment of arrus and ammunitions back to Sierra Leone. 1101 9

4970 . Fornie testified that his first trip to Monrovia took place shortly after the Intervention . Fornie was based in Kenema in the final two months of the Junta period , assigned to Bockarie as a radio operator. He testified that RUF forces remained in Kenema "keeping the defensive" for roughly a week after the Intervention before retreating to

110 ),' Prosecut ion Final Trial Briel: para. 242.

110 1(, Prosecution Final Trial Brief para. 242 .

110 17 Defence Final Trial Briel: para . 1105.

11m Daud a Aru na Fornie, Transcript 2 December 2008 . p. 215 13. 1101' Although Fornie testified that he made six trips to Monrovia, he accounts for only five of those trips. Three ofthese trips are set out below. One of the live trips relates to the Burkina Faso Shipment. which is dealt with in that section: See supra , Arms and Ammunition: Allega tions that the Acc used Facilitated Supplies. Burkina Faso Shipment. Another tri p in mid- 1998 did not invo lve the co llection of arms and ammunitions. See Daud a Aruna Fom ie. Transcript 2 Decem ber 2008. pp. 2 15 16. 2 1519.

1732 Case No .: SCS L-03-0 1-T 18 May 20 12 42320 ARMS AND AMMUNITION

Buedu.11 020 While at Pendembu during the retreat. Bockarie instructed him to contact "the other side", which the witness understood to refer to Liberia, and to inform " Papay Musa and Benjamin" that the situation in Sierra Leone was out of control and that the RUF needed ammunition to stop the ECOMOG advance.11021

497 1. Upon Bockarie's instructions, Fornie contacted a radi o station in Monrovia known as " Base 1',11 022 and passed Bockarie' s message to Sunlight , Yeaten's radio operator. " 023 The next day, before the RUF fighters arrived at Buedu,11024 Sunlight contacted Forn ie with a message from Yeat en that Bockarie was to travel to Monrovia on the orders o f Taylor. 11 025 110 26 Fornie testified that the day after arrivin g at Buedu. Bockarie departed for Monrovia. accompanied by a group often to fifteen people, includ ing the witness ! 1027

4972. According to Fornie, Bockarie and his group were met in Voinjama by Jungle, who travell ed onward with them to Gbarnga. Between Gbarnga and Kak ata , the group also met

Yeaten, whom Jun gle identified to the witness as Tay lor's SS director. 11028 Upon arri val 111

Monrov ia,. t he wiitness was tak en to Y eatens, res idt ence .111 Congo Town.11 029

4973. Fornie testi fied that the following morning Bockarie told him that he was going to meet w ith Ta ylor. 11030 After Bockarie returned , the group left Monrovia that same evening. On the highway on the outskirts of Monrovia go ing tow ards Kakata the group met Jun gle and Bockarie ' s bodyguards with a sma ll " Benz" truck loaded w ith ammunitio n, including "AK rounds...grenades, GPMG, RPG , G3 rounds, [and] RPG rock ets·,."031 From there the gro up returned to Buedu along with the loaded truck.11032

11020 Daud a Aruna Fornie. Transcript 2 Decem ber 2008. pp. 2 1436-2 1440. 21445.

11021 Dauda Aruna Fornie, Transcript 2 Decem ber 2008. pp. 2 144 1-2 1442 .

I l Oll Dauda Aruna Fornie, Transc ript 2 December 2008, pp. 2144 1-2 1442. 11023 Dauda Aruna Forni e. Tra nscript 2 Decem ber 2008. p. 2144 2. I IOH Dauda Aruna Forni e, Transcript 2 December 2008. p. 21444.

) )025 Dauda Aruna Fornie, Transc ripl 2 December 2008, pp. 21442-2 1443 . 111126 Dauda Aru na Fornie, Tra nscr ipt 2 Decem ber 2008, pp. 21444-21 445.

11027 Daud a Aruna Forn ie, Transcript 2 December 2008. pp. 21445-21446.

11028 Daud a Aruna Forn ie, Transcript 2 December 2008, p. 2144 7. 1102" Dauda Aruna Forni e, Transcript 2 December 2008. pp. 21449-2 1450 .

II OJO Dauda Aruna Fornie, Tra nscr ipt 2 Decem ber 2008. p. 2 145 1.

11"3 I Dauda Aruna Fernie. Transcript 2 Decem ber 2008. p. 21454.

) )0 32 Dauda Aruna Fernie, Transcript 2 December 2008. pp. 21452-2 1454 .

1733 Case No.: SCSL-03-0 I-T 18 May 2012 ARMS AND AMMUNITION

49 74. Fornie stated that during the course of the return trip , Bockarie remarked that Tay lor had told him that while Taylor did not have much ammunition, he was ready to support the RUF "to the best of his ability" .IIO}} Upon their return to Buedu, the bulk of the ammunition was distributed to the "various front lines" within Kailahun and Kono Districts. According to the witness, "that was the ammunition we used to stop the ECOMOG advance into our territory" .11 0}4

035 4975. Fornie testified that his second trip to Monrovia occurred around mid_1998." He stated that upon arrival in Monrovia, he remained in the radio room with Sunlight at Yeaten's house while Bockarie, Yeaten and Rashid went to meet with Taylor. 11 036 In the evening Bockarie and Yeaten returned with two vehicles loaded with ammunition and the group travelled back to Buedu. The witness did not know "where they exactly loaded those ammunitions in the vehicle". Having said that, the witness confirmed that there were two vehicles loaded with ammunition. 11037

4976. On the third occasion, also in mid-1998, Fornie travelled to Monrovia in a Hilux van with Victor, Jungle and "Yellow Man ". Bockarie did not come on this trip on account of a meeting. he convene d WItwi hcornman dersf romhi IS vari.ous c.trent I'mes. 11 01· 8 F.omre was included on thi s trip for the purpose of communicating with Bockarie if the need arose .11039 Fornie testified that his group went to White Flower where Yeaten and other Liberian men loaded ammunition. including "AK rounds" and RPG rockets, into the van.11040

4977. The witness explained that Bockarie instructed him to go on these trips since he was familiar with the Liberian communications network'I'"" and Fornie knew the purpose of Bockaries visits because Bockarie told his radi o operators. I1042

IIOJJ Daud a Aruna Fornie, Transcript 2 December 2008. pp, 2 1454-2 1455. 1103" Daud a Aruna Forni e. Transcript 2 December 2008. pp. 2 1455-2 1456 . I ilL' ; Daud a Aruna Fernie,Transc ript 2 Decem ber 2008. p. 2 15 19. 110' 6 Daud a Aruna Fornie, Transcri pt 2 Decemb er 2008, pp. 2 1520-2 152 1. 110.'7 Daud a Ar una Forni e, Transcript 2 December 2008, p. 2 152 1.

1 I U J ~ Daud a Aruna Ferni e, Tran script 2 December 2008, p. 21523-21524; Tran script 3 December 2008 . pp. 21535-215 37. 1IU39 Daud a Aruna Fernie, Tran script 3 December 2008, p. 21538.

1W-lU Dauda Aruna Fornie, Tran script 3 December 2008. pp. 2 1535-21537.

I IO-ll Dauda Aruna Fornie. Transcript 2 Decemb er 2008. pp . 2 15 13-2 15 14. Forni e testified that in late 199 1. he was ass igned to join the NPFL Signal Unit train ing in Bomi Hills. Dauda Arun a Fornie, Tra nscript I Decemb er 2008. pp, 2 1335-2 1338.

1734 Case No.: SCSL-03-0 1-T 18 May 2012 ARMS AND AMMUNITION

Prosecuti on Witn ess KarnlOh Kanneh

49 78. Witness Kannoh Kanneh, a senior RUF Commander,11043 testified that in 1998 "some months" before the dea th of Sa ni Abacha,11044 Bock arie co ntac ted him from Buedu and instructed Kann eh to ass ist in co llecting so me ammunitio n which " Pa Taylor" was sending to Foya for the RUF.11045 Kann eh met with Bockari e and they travelled to Foya in three jeeps along with several of Bockarie ' s securities and his radio man Elevatio n.11046 Kanneh was selected because he was a co mmande r in the Kai lahun area and because he had a vehicle, a land rover.11047

4979. At Foya, a helicopter arr ive d and five peopl e alighted, unloaded materiel and brought them into Bockarie' s ve hicles. Bock arie introdu ced th e w itnes s to a man who Bockari e said was Taylor's chi ef bodyguard , nam ed Benjamin Yeaten.The helicopter had flown in from 048 Mo nrovia." The materiel inclu ded 40 boxes of A K rounds, 10 boxes of RPG rockets, a few RPG tubes.llo49 In the evening, they left Foy a and we nt to Buedu . At Buedu , the materi als were put in the ammunition dump, by Foya Road , near Sa m Bockari e's hou se. Kanneh was given so me materials for his own use by Bockarie, which Kanneh took to his base at Baii ma." o5o

Prosecuti on Witn ess T F I-585

49 80. Witness TF 1-585, testified th at in early 1998, before Johnny Paul Koroma arri ved in Buedu, Bockarie travelled to Liberia and was prom oted by Tay lor to the rank ofGeneral. On his return. Bockarie brou ght with him. among other things. a tactical jeep and so me new arms. The arms included brand new A K-47s with new AK rounds (w hich we re in some thing like sardine tin s with roc kets)."051

11042 Dauda Aruna Fernie. Transcript 2 December 2008. p. 2 1515. 110·13 Karmoh Kanneh. Transcript 8 May 2008, pp. 9390-939 1. 11044 Kann oh Kanneh. Transc ript 9 May 2008 . pp. 9452 -9463 . Sani Abacha died in June 1998. Admitted fact II. I IU45 Kannoh Kanneh. Transcr ipt 9 May 2008 . p. 9448. 11041i Karmoh Kanne h, Transcript 9 May 2008. pp. 9448-9449. 11047 Karmoh Kanneh, Transcript 9 May 2008. pp. 9447-9449. 11048 Karmoh Kanne h, Transcript 9 May 2008. pp. 9453 -9455 .

IIU4" Karmoh Kanneh. Transcript 9 May 2008. pp. 9456 -9457. ""50Karmoh Kanne h. Transcript 9 May 2008. pp. 9457 -9458 . 11051 TF I-585. Transc ript 5 September 2008. pp. 15616-1 5622; Transcript 8 September 2008. p. 15648.

1735 Case No.: SCSL-03-0 1-T 18 May 20 12 ARMS AND AMMUNITION

4981. T F 1-585 testified that while Bockarie travell ed to Monrovi a "once in a while" in 1998, his trips became more frequent in 1999 (v ia heli copter from Foya airfield ),11052 when 1I 053 Bockarie would travel to Monrovia as diamonds were brought to him from Kono.

4982. TF 1-585 stated that she was told on another occas ion by Bockarie that he had go ne to Tay lor's farm in G barnga, where he arranged for materi al to be transferred to White Flow er. From there it was transferred to Yeaten ' s hou se and then escorted overl and to II054 Buedu.

Prosecution Witn ess Albert Sa idu

498 3. Witness Albert Saidu testified that Bockaries bod yguard Shabado, who wa s a close friend of Saidu's, told him of two occas ions in the sec ond half of 1998 on which he had 1I 055 travelled to Liberia with Bockarie. In 23 April 1998, when Sa idu was summo ned to meet with Bockarie and his bodyguard s Shabado and Ray in Koindu Town, Bockarie was communicating on his satellite phon e.t l056 During Bockarie 's con versation on the sate llite phone, Sha bado told Saidu that they were heading to Liberia to co llect "materials" from 1I05 Taylor, which the witness understood to refer to arm s and ammunitions. ? So me tim e after Shabado returned fro m Liberia, "not long after" fighting comme nce d against the G uinea ns in Ju ne 1998, he informed the witness that he had brou ght materiel from Taylor. 1I058 Sa idu had a further co nversation with Shabado around a mon th after Shabado's return in whi ch Shabado informed him that he had made another trip to Liberia for the same purpose of II059 co llecting materiel. Shabado wo uld also so me times inform Saidu that Bockarie " had put til. ..lor some materia. Is an d t Iiat matert .a I s were on tIreir' way " .11 060

Prosecut ion Witn ess A lice Pyne

110; 2 TF I-585. Transcript 8 September 2008 , p. 15683.

J I')SJ TF I-58 5. Transcript 8 September 2008 . pp. 15683-15684.

I IOS< TF 1-585. Tra nscri pt 8 September 2008 , pp. 1566 1- 15662. 1111 ; 5 Albert Saidu, Transcript 4 Jun e 2008, pp. 1\020-11 022. 1111 56 A lbert Saidu, Transcript 5 June 2008, pp. 11038-11 041 . I IIIS7 Albert Saidu, Transcri pt 4 June 2008, pp. 11008-\1 016. 1I05X Albert Saidu, Transcript 4 June 2008. p. 11 02 1. 110; <) Albert Saidu, Transcrip t 4 June 2008. pp. 11021-11 023.

J Ill'" Albert Saidu, Transcr ipt 4 June 2008, pp. 11 020.

1736 Case No.: SCSL-03-0 1-T 18 May 2012 4233 0 ARMS AND AMMUNITION

4984. Witness A lice Pyn e, a radio operator, testified that she travelled to Buedu with Superman and more than 150 others to attend a meeting co nvened by Bock arie prior to the Fitti-Fatta mission."061 Bein g a radi o operator, Pyne did not attend the meeting of co mmande rs. llo6 2 She test ified that foll owin g the meeting, she o bserved Bock arie and his bodygu ards dep arting in vehicles. On e of the other radi o o perators, Sebatu, told her that Bockarie was departing for Foy a .1 1063 Pyne saw the group return sev era l hours later, with Co lonel Jungle, and unload goods at Bockaries house. She was not able to see the items themselves, but later they gave Sup erm an anTI S, ammunition and a lcoholic drinks known as " morale boosters" which they sai d they had brought fro m F oya. 11 0 6 ~

Prosecuti on Witness Jabaty Jaw ard

49 85. Witness Jabaty Jaward testified that during the time he was in Buedu, from early March 1998 until December 1999 , he recalled an occasion in mid-1 998 on whi ch Bockarie travell ed to Liberia. On Bockaries return , Bockari e expl ain ed to the witness that he had met Taylor in Liberia. Sho rtly afterwards, the RUF received a large supply of anTI S, ammunitions, food , fuel and gasoline in Buedu.11 065 Jaw ard told the Tri al Chamber that "whenever Sam Bock arie went to Monrovia we wo uld expect those supplies from Charles Taylor" .11 066

Prosecuti on Witness Augustine Mallah

4986. Witness Au gusti ne Mallah was assigned as an RUF fight er to Baiirn a from arou nd June to December 1998, but he travell ed regul arly to Buedu.11 067 He testi fied that du ring 1998, Bockarie travelled to Monrovia and G bamga.11 068 On one occasion Mallah accompanied him to Foy a in a vehicle, fro m where Bockar ie was picked up by helicop ter

111)(01 Alice Pyne . Tran scr ipt IS June 200 S. pp. 12191-1 2193. 12209-1 2211 ; Transcript 19 June 200S . p. 122 33; Tran scri pt 20 June 200S. pp. 12356-1 2357. 111);;2 Alice Py ne. Tra nscri pt 20 Jun e 200S, p. 12357. 110. 3 A lice Py ne, Tran scri pt 19 June 200S. pp. 12235-1 2236.

I IIJI,.j Alice Pyne, Tran script 19 Jun e 200S, pp. 12236-1 22 37.

110'" Jabaty Jaward, Transcript 10 July 200S, pp. 13412-1 341 5.

II""• .Iabaty .Iaward. Tra nscri pt 10 JUly 200 S, p. 1341 5. 110)(,7 Augustine Ma llah. Tran sc ript 13 November 200S . pp. 2020S -20209; Transc ript 17 November 200S . pp.2042 1-20423 . 110(,' Augus tine Mullah, Transcri pt 13 Novembe r 200S, p. 20209.

1737 Case No.: SCSL-03-0 1-T IS May 20 12 42331- ARMS AND AMMUNITION

and tran sport ed to Monrovia. I 1069 Bockarie told him that the purpose o f these trip s was to sec ure supplies, including arms, ammunition and medi cines, from Taylor. I 1070

4987. Whil e Bockarie did not dir ectly tell Ma llah whether any paym ent was mad e for the supplies obtained on these trip s, Bockari e's bodyguard s told Mall ah that on occasion the y 071 wo uld travel w ith diam onds that had been min ed in Ko no." Th e bod ygu ards told Mallah tha t typicall y they would return from Mon rovi a with ammunition or US dollars.II on

Prosecution Witness TF 1-371

4988.Witness TF 1-371. who was in Buedu between March 1998 and April 1999,11 073 test ified that Bockarie made "a series of trips" to Mo nrovia throu ghout "the latter part of 1998","074 "after June, July, Aug usC, 1I 075 " from 1998 ending to earl y 1999"."076 Wh ile he specifica lly recalled three trip s that we re essential. there were other trips, the precise number of which he co uld not recall. II 07 7

49 89. T F 1-371 stated that on these tri ps Bockarie would take diam onds that had been brought by RUF fighters to Buedu fro m Kono and To ngo Field , where mining had intensified. Bockarie wo uld return with materials including AK rounds, RPG bombs and hand grenades. I 1078 On ret urning to Buedu, Bockarie was always escorted by members of Taylor's SSS. In parti cu lar , TF I-37 \ reca lled one occasion towards the end of 1998 on which Bockarie was escort ed by Dopoe Menkarzon.l 'Y" TF 1-371 knew about these visits since each tim e Bockarie returned from Monrovia. he would brief his c lose associate s in Buedu on the visit. 11 080

1I 0W Augustine Mullah. Transcript 13 Nove mber 2008. p. 20209.

11070 Augustine Mallah, Transcript 13 Nove mber 2008. pp. 202 10-202 11. 11071 Augustine Mallah. Transcript 13 November 2008. p. 202 10. 11072 Augu stine Mallah. Transcript 13 November 2008. pp. 20210. 202 18. 1107.1 TFI-371 , Trans cript 28 February 2008, p. 2389 (CS ). 11074 TF I-37 1. Transcript I February 2008, p. 2825 (CS). 11075 TF I-37 \, Transcript 1 February 2008. p. 2826 (CS). 1I 0 7 ~ TF I-3 71. Transcript I February 2008. p. 2382 (CS) (" [...] from 1998 ending to ea rly 1999 there were a lot of activ ities. people coming into RUF controlled territo ries and Mosquit o frequenting Monrov ia") . 11077 TF I-371. Transc ript 28 January 2008. pp. 2382 -2383 (CS). I Ion TFI-371. Transcript 28 January 2008. pp. 2383-2384 (CS). 1107') TF I-3 71. Transcript 28 January 2008. p. 2384 (CS). 11 0 ~ 0 TF I-371. Transcript 28 January 2008. p. 2384 (CS).

1738 Case No.: SCSL-03-01-T 18 May 20 12 4233 2 ARM S AND AMMUNITION

499 0. The first trip that Bockar ie took to Monrovia occurred at so me point after an incident 081 in which Ses ay stripped Johnny Paul Koroma of nine plastic bags of diam ond s at Buedu." Bockarie told the witness that he wa s goi ng to take the diamonds to Monrovia to Taylor to get arms and ammunition. Bockarie left for Monr ovia. but he later told the witness that he was unable meet the Acc used because of an ECOMOG patr ol team in Monrovia. I 1082

499 1. One or two weeks later, Bockar ie carr ied so me 20 to 30 diam ond pieces of various sizes mined from the Kon o District and Tongo to Monrovia. Bockarie spent almost a week in Monrovia.11083 When Bockarie returned to Buedu , he was accompanied by Zigzag Marzah and Sampso n, two of Tay lor's sec urity detail. They brough t 15 to 20 boxes of AK-47 11084 ammunition, RPG bombs, condiments (salt and maghi ), rice and cigarettes. Bockarie briefed Issa Sesay wh en he returned to Buedu and stat ed that Tay lor had instructed Yeaten to g.tve Boc k.ane .t he arnrnuruuo. . n. II 085

4992. TF 1-371 stated that on one occasion when Bockar ie returned he was "really very excited" abo ut having met Tay lor and co nfirmed that "t he diam onds that he took from Johnny Paul Kor oma were actually in the possession of Mr Taylor".II086 He ca lled his co mmanders to a meeting, where he reported that Tay lor had instructed them to reta in Kono and intensify the min ing operatio n there "so as to enable to pay for those mater ials".11 087

Pros ec ution Witness Moha med Kabbah

4993. Witness Mohamed Kabb ah testi fied that Bockarie travelled regularly to Monrovia in 1998. 11 088 The witness was not able to estima te how many times such trips occurred. He inform ed the Trial Chamber that so meti mes Bockar ie would go once or twice in a month, and so metimes he wo uld not go for one or two months.11089 According to Kabbah, each time the RUF was short of arm s and ammunition, RUF would contact Monrovia, and either

II oxI TFI-371. Tran script 28 Jan uary 2008, p. 2370 (CS).

II Oll2 TF I-371. Transcript 28 Jan uary 2008. p. 2375 (CS).

1I0ll) TFI -37I. Transc ript 28 Jan uary 2008. pp. 2375-2377 (CS). 11084 TFI-37 1. Transc ript 28 Jan uary 2008, p. 2378 (CS).

IIOX5 TFI-37 1. Transc ript 28 Jan uary 2008. pp. 2378-2379 (CS) .

IIOX6 TF I-37 1. Transcript 28 January 2008. pp. 2384-2385 (CS).

1I0X7 TF I-371. Transcript 28 Jan uary 2008. p. 2385 (CS). 1I08R Moh amed Kabbah, Transc ript 12 September 2008. p. 16137.

II OX,/ Mohamed Kabb ah, Transcript 16 September 2008. p. 16347.

1739 Case No.: SCSL-03-01-T 18 May 2012 4233 3 ARMS AND AMMUNITION

Bockarie would travel to Monrovia and return with ammunition, foo d and clothing or Jungle lIOqO wo uld arriv e with materiel.

4994. The witness explained that Bockarie never required travel documents or exemptions from the travel ban to cross the bord er into Liberia: " [t]he way was open for him". 1I 09(

Prosecut ion Witness Samuel Kar gbo

4995. Witness Samuel Kargbo, an AF RC insid er, testified that at some point III March 1998, he accompanied lssa Sesay, Mike Lamin, CO Lion (a Libe rian), an RUF Co mma nde r nam ed "Eddie " and others on a trip to Foy a. The group rem ain ed in Foya until the evening, visiting the residence of a Libe rian fema le pol ice co mma nder and also a bar ow ned by lIon her. In cross-examination the witness stat ed that the group travelled, "c hok ed" together, in one Land C ruiser, with men han gin g from the sides. II0'l3

4996. On their return, the group stopped along the road to Dawa when they enco untered a white Land Cruiser, loaded with ammunition. The witness saw eig ht men in the Land C ruiser, including Bockarie and Jungle and oth er SSS men.II0'l4 The group travelled on to Buedu, where Kargbo assisted in unl oading the ammunition from the Land C ruiser. He told the cOUI1that he saw RPG bombs, AK rounds, mortar bombs and G3 rounds IIOqSand that the qua ntity of ammunitio n was sufficient to fill a who le storeroom. II OQ6 Kargbo testifi ed that he knew the ammunitio n cam e from Liberia because Bockarie had sai d that "Charles Taylor had sent the vehi cles to collect us", and because of the uniforms Jun gle and the oth er SSS men were wea ring. II0'l7 According to Kargb o, th is was the fi rst co nsig nme nt that the AF RC had received after the Interveruion."?"

1« 1" " Mohamed Kabbah. Transcripi 12 September 2008. pp. 16138- 16139.

1109 1 Mohamed Kabbah, Transcript 12 September 2008, p. 16137. see also p. 16136. 111J')2 Sam uel Kargbo , Transcript 22 May 2008. pp. 10543-10544. 10546; Transcript 3 June 2008, pp. 10795­ 10796. 111m Samuel Kargbo. Transcript 3 June 2008, pp. 10794-10795. 11'1"" Samuel Kargbo, Transcript 22 May 2008. pp. 10544. 10546; Tra nscri pt 3 June 2008. p. 10797. 11095 Samuel Kargbo. Tra nscript 22 May 2008. pp. 10545-10546. 110% Samuel Karg bo, Tra nscri pt 22 May 2008. p. 10547: Transcrip t 3 June 2008. pp. 10799-10800.

111m Samuel Kargbo. Transcript 22 May 2008. p. 10545; Transcript 3 June 2008. p. 10798. II O'J' Samuel Kargbo, Transcript 3 June 2008. p. 10798.

1740 Case No.: SCS L-03-0 1-T 18 May 20 12 42334 ARMS AND AMMUNITION

4997. Kargbo testifi ed that within one to two weeks after thi s first incident, aro und the end 09 of March 1998, nearing Apri l, he travelled to Foya with Bockarie and others." '1 Mike Lamin and Collins accompanied th em and the men travelled in two to thr ee vehicles.11100 T hey visited the res ide nce of a Liberian female police commander for food and drink. 11 10 1 O n their return, they met Jun gle w ith a vehicle at the side of the road in the bush. T he witness was unabl e to recall whether the vehicle was in Liberia or Sierra Leo ne. 11 102 On Bockaries instructions, Kargbo and others unloaded " materials" from Jungle's ve hicle, 11I 03 transferred them to their own vehic le and returned to Buedu . The materials were similar in typ e and quanti ty to those received on the first trip .11104

Prosecution Witness Pen'\' Kam ara

4998. Witness Perry Kam ara testified that the first tim e the RUF entered Kono after the ECOMOG Inte rventi on they had a message from Bockaric in Bued u, to Deni s Min go (a. k.a. Superma n) co nce rning min ing in Koidu Town . Th e message stated that Tay lor had instructed Bockarie not to lose Kono as the diam ond s min ed from there were to be give n to Tay lor in return for ammunition. Aft er travelling to Monrovia and returning with ammunition, Bockar ie rein forced thi s message ofthe importance of holding onto Kon o.l lt05

Prosecuti on Witn ess Varmuyan Sherif

499 9. Witness Vann uyan Sherif testified that soon afte r the helicop ter inc ident in Monrovia,111 06 Tayl or instructed him to co llect Sa m Bockarie from Sierra Leo ne. 11107 O n the sa me day, Sherif travelled fro m Monrovia to Sierra Leone.II 108 Sherif met with Bockarie in lll09 Buedu and travelled back with Bockarie to Mo nrovia. II 110 After meeting with Tay lor,

110<)9 Samu el Kargbo, Transcript 22 May 2008, pp. 10547-105 48. 10550. The witness testifi ed in his examination-in-chief that the group travelled to Dawa, but on cross-exa minatio n corrected this to Foya: Tra nscript 3 June 2008. p. 10805. 11100 Samuel Kargbo . Transcr ipt 3 June 2008 . pp. t0804-10805.

11101 Sam uel Kargbo. Transcript 22 May 2008. p. 10548: Transcript 3 June 2008. p. 10805. 11102 Samuel Kargbo, Tran script 3 June 2008. pp. 10807-108 11. Ilia} Sam uel Kargbo, Transc ript 22 May 2008. pp. 10548-10549.

11104 Samu el Kargbo, Trans cript 3 June 2008. pp. 10809-108 to. III a5 Perry Karnara, Tra nscript 5 Febr uary 2008. p. 3142.

11106 Varmuyan Sherif: Transcript 9 January 2008 . pp. 826-828. I l i a? Varmuyan Sherif: Transcript 9 Jan uary 2008. pp. 829-830 .

I II" . Varmuy an Sherif. Transcript 9 Janu ary 2008. p. 830 . 11111" Varmuya n Sher if: Transcrip t 9 January 2008. pp. 835-836.

1741 Case No.: SCSL-03-0 1-T 18 May 20 12 42335 ARM S AND AMMUNITION

Bockarie show ed Sherif mon ey in US doll ars and a satellite phone which Tay lor had g iven hiim so t hat Bockacarine co u Idco mmu nicate .W .ith Tay I or at anytime. . 1111 1

Prosecution Witness TF 1-516

5000. Wit ness TF 1-5 16 testified to Bockarie returning from a trip to Libe ria with a truck full ofammunition not long be fore the November-December 1998 operation in Kono. " 1 2

Prosecution Witness TF 1-367

500 I. Witn ess TF I-367 testifi ed that he travelled with Bockarie to Mo nrov ia and returned to Buedu with a truc k carrying ammunition whi ch was used for the successfu l attac ks on Kono and Koidu. l l l 13

The Accused

5002. The Accused denied the allegation that Bockari e travelled to Monrovia to coll ect ammunitio n.lf" The Acc use d testi fied that during this period he did not have access to a s upply of ammunition in Liberia because much of these military supplies were taken away during disarmament and destroyed. II 11 5 The Accused denied that Bockarie was a regular visito r to Monrovia. stating that he made three trips between Aug ust and December 1998 and came again during the Lom e discussions in 1999, and again in September, November and December 1999.11116

5003. In response to Fe rnie's evi dence that III mid- 1998, Bockarie and Yeaten we nt to Mo nrov ia fro m Buedu in the morning and retu rned in the eve ning with two vehicles loaded

1111tJ Varmuyan Sherif: Transcript 9 January 2008, p. 847. 1111I Varmuyan Sherif: Transcript 9 January 2008, pp. 849-850. II IIZ TF 1-5 16. Tra nscript 8 April 2008. p. 696 1. 11113 TFI-36 7, Transcript 2 1 August 2008. pp. 14231-14235. 1111. Charles Ghankay Taylor, Transc ript 17 Se ptembe r 2009. pp. 29 197-29 198 (in response to Fe rnie ' s evidence); I October 2009, pp. 30 106-30 107 (in response to Mallah' s evidence); Transcript 26 October 2009, pp. 30283-302 87 (in response to Jawards evidence): Transcript 16 September 2009. p. 29089 (in response to Kabba h' s evidence ): Transcript 2 November 2009. pp. 30840 -30842 (in response to Kargbos evidence ). 1111; Charles Ghankay Taylor,Transcript 17 Se ptember 2009. pp. 29 197-29 198,29200 . 11111. Charles Ghankay Taylor, Transcript 16 September 2009. pr. 29093-29097.

1742 Case No.: SCSL -03-0 I-T 18 May 20 12 4233 0 ARMS AND AMMUNITION with ammunition, the Accused stated that in mid-1998, during the rainy season, it was not possible to drive to Monrovia and return to Sierra Leone on the same day. 1111 7

5004.The Accused also contested Kannoh Kanneh's account that a military heli copter carry ing supplies and five people, including two pilots, landed at Foya Airfield in broad dayl ight. The Accused stated that he had no helic opter at this time and the first hel icopter they got in Liberia in 1999 was an Mi-2 which was not large enough to carry five men and a cargo of materiel.III1 8

5005. In respon se to TFI-585's evidence, the Accused denied that he supplied Bockarie with arm s and ammunitions in early 1998 and that arms were ever taken from G barnga and White Flower to Buedu .11119

5006. In response to TF 1-371 's evidence of a trip taken by Bockarie in earl y 1998 in which Bockarie was unabl e to meet with the Accused due to an ECOMO G patrol, the Acc used stated that ECOMOG patrols had nothing to do with the people that he recei ved and needed to see, and would not have prevented Bockarie from meetin g with the Accused. 111 20

Defence Witness lssa Sesay

500 7. Witness Issa Sesay denied that Bockarie went to Monrov ia in the early part of 1998, as Kanneh and Fornie testified. I 1121 According to Sesay, Bockaries first cont act with Charles Taylor was in September 1998. Bockarie received a message in mid-September 1998 from General Dopoe Menkarzon stating that Bockarie should meet Menkarzon at the border and Menkarzon wo uld take him to see Charles Taylor. Bock arie spe nt three or four days in Liberia before returning to Buedu. l l l 22 Sesay acknowl edges that Bock arie made trips to Monrov ia in September,October and November 1998111 23 but states that only on one of

11117 Charles Ghankay Taylor. Transcript 17 September 2009. pp. 2922 9-2923 1. IIIIR Charles Ghankay Taylor. Transcript 28 October 2009. pp. 30594-30598.

I I I 1'1 Charles Ghankay Taylor, Transcript I Octobe r 2009, pp. 30168-30 172.

II 120 Charles Ghankay Taylor. Transcript 23 September 2009. pp. 29552-29556 .

11121 Issa Sesay. Transcript 28 July 20 I0, pp. 44839-448 40: Transcript II August 20 IO. pp. 46069 -460 70.

11m Issa Sesay . Transcript 9 July 20 10. pp. 44 122-44 124.

11lZ3 Issa Sesay, Transcript 9 July 20 10, pp. 44120-44122 (as to the September 1998 trip by Bockarie to Monrovia): Transcript 12 Ju ly 20 IO. pp. 44310-443 12 (as to the October 1998 trip by Bockarie to Monrovia to visit Charles Tay lor): Transcript 18 August 20 IO. p. 46640 (as to all three trips).

1743 Case No.: SC51.-03-0 1-T 18 May 20 12 ARMS AND AMMUNITION those trips, the November 1998 trip, did Bockarie return with arms and ammunition, whic h

0 were from Bu rkina. Faso and unconnected to TayI or. 111 "4

Deliberati ons

5008. The T rial C hambe r notes that Augu stin e Mallah. T F1-371 and Moham ed Kabbah testified in ge neral terms as to Bockarie maki ng regul ar trip s to Liberi a in 1998 and returning with mat eriel. T F I-5 85, Dauda Aruna Fornie, T F I-3 71, Karmoh Kann eh Samuel Kargbo, A lice Pyn e, A lbe rt Saidu and Jabaty Jaward testified as to spec ific trips taken by Bockarie from early 1998 to mid -1998.

5009. The Prosecuti on cites the test imony of Sherif as to Bockar ie' s alleged initial visit to Monrovia in February 1998 to support its allegations that Bockari e obtained arms and ammunition fro m the Ac cused on his visits to Monrovia.111 25 The Prosecution appears to suggest that this trip is th e sa me as that described by Forn ie as taking place shortly after the 126 Interventi on." The Tri al C hamber notes that in any event, Sheri f's testim ony involved no 1112 fac tual assertion of s upply of military equipment occurring on that visit. ? The Tr ial Chamber does not co nsider Sherif's evid ence as to the February 1998 trip ass ists in determ ining the specifi c questio n of whether the Accused s upplied Bockarie with mat eriel on the latter's trips to Lib eria during 1998 .

50 10. T he T rial Chamber notes that the Prosecuti on has also reli ed on the evidence of TF 1­ 516 and TF 1-367 as to trips made by Bockarie to Monrovia before the successful attac ks in Kon o in November-Dec ember 199 8. The T rial Chambe r consid ers that the tim ing and s ize of thes e shipme nts co incide with and refer to the Burkina Faso sh ipment. and has conside red such eviden ce in that co ntex t. 11128

111 24 1ssa Sesay, Tra nscript 10 August 20 10. p. 45900 . 11125 Prosecution Fina l Trial Brief paras 243-247.See Varmuyan Sherif: Transcript 9 Jan uary 2008 . pp. 844-848 . Note that Sherif testified that he esc orte d Bockarie from Koi ndu to Monrovia to meet the Accused "at the same time - endi ng of 1998- 1999" when LU RD invaded Liberia. However, desp ite his repeated re ference to th is time frame, his evidence of other eve nts happen ing at the same time suggests that he is in fact talking about ear ly 1998. 11 12(, Prosec ution Final Tria l Brief: para. 248 .

II 127 Sheriftestified that a fter meet ing with Tay lor. Boc karie only showed Sherif US do llars and a sate llite phone whic h Tay lor had given him so that Bockarie co uld comm unicate wit h Taylor at anytime. Varmuyan Sherif, Transcript 9 Ja nuary 2008. pp. 849-850 .

II 12K See supra. Arms and Ammunitio n: Allega tions that the Accused Faci litated Supp lies. Burkina Faso Sh ipment.

I74·t Case No.: SCSL-03-0 1-T 18 May 20 12 42332 ARMS AND AMMUNITION

50 I I. The Defence submits that during Bock ari c 's trips to Libe ria, non e of the witnesses saw the Accused give or promise to give arms or ammunition to Bockarie and that those witnesses giving hearsay ev ide nce that the Ac cu sed provided arms and am munitio n to Bockari e are ge nera lly unreliable.llll9 The Defence also points to the lack of ev ide nce, particularly fro m the Prosecution witnesses closest to the Acc used, Moses Blah and Ya rmuyan Sherif, that during Bock ari e.'s trips to Libe ria they saw the Accused give or promi.. se to give arms or am mumtion. . to B oc kan . e. IIIJO

50 12. Regarding the Defenc e' s contention as to the predominance of hearsay evi de nce, the Tri al C hambe r reco gn ises that much of the evidence relied on by the Pro secution to support its allegation that Bockari e received arms or amm unition from the Accused while in Liberia is hearsay and circums tantial. This is exp licable by the fac t that many of the witnesses w ho testified were not personally present at meetings between the Accuse d and Bockari e and therefore co uld not have observed their interaction. However, the Tria l Chamber co ns ide rs that di rect evi de nce that the Accused person ally provided Bock ar ie with anns or amm unitio n is not necessary to establish his involvement in the supp ly of materiel to Bock arie.

50 13. On the qu esti on of credibility, the T rial Chamber has fo und Mo hame d Kabbah , TF 1­ 585 , Dauda A runa Fo rnie, Samue l Kargbo, and A lice Pyne to be ge ne rally credible' {':" but wi ll consider further iss ues of credibi lity that arise in th is contex t.

5014. TF 1-58 5's account of the promotion of Bockarie by the Accused, whi ch allegedly occurred s hort ly after the ECOMOG Intervention , has been ana lysed in anothe r sectio n of the judgem ent. " 1J2 T he Trial Chamber recall s its finding that it had no ge ne ral reservati ons concerning the ev ide nce ofTf l-585 in relat ion to that trip. Sim ilarly, the Trial Chamber has accep ted Dauda A runa Fernie 's account of establishing contact wit h Sierra Leone using "B ase I", Yeaten 's radio station, on his firs t trip to Monrovia with Bockar ie.III JJ

I II ~ " Defe nce Final Trial Brief, para . I 105.

11130 Defence Final Trial Brief, para. 1105.

11131 Credib ility Assessme nt, Mohamed Kabbah, paras 334-338: Credibility Asse ssment, TF 1-585. paras 330­ 333: Credibi lity Assessm ent, Dauda Aru na Fornie, paras 346-358: Credibility Assessment, Samuel Kargbo. paras 290-295: Credibility Assessment. Alic e Pyne. paras 304 -307.

11132 See infra. Leadership and Command Struc ture : Accused' s Relationsh ip with the RUF/AFRC. Foday San koh .

11133 See supra. Operational Support: Co mmunications, RUF and NI'FL Rad io Codes and Co mmunications.

1745 Case No. :SCSL-03-0 1-T 18 May 20 12