Case No. SCSL-2003-01-T THE PROSECUTOR OF THE SPECIAL COURT V. CHARLES GHANKAY TAYLOR THURSDAY, 18 FEBRUARY 2010 9.30 A.M. TRIAL TRIAL CHAMBER II Before the Judges: Justice Julia Sebutinde, Presiding Justice Richard Lussick Justice Teresa Doherty Justice El Hadji Malick Sow, Alternate For Chambers: Ms Doreen Kiggundu For the Registry: Ms Rachel Irura Ms Zainab Fofanah For the Prosecution: Ms Brenda J Hollis Mr Mohamed A Bangura Ms Maya Dimitrova For the accused Charles Ghankay Mr Courtenay Griffiths QC Taylor: Mr Terry Munyard CHARLES TAYLOR Page 35303 18 FEBRUARY 2010 OPEN SESSION 1 Thursday, 18 February 2010 2 [Open session] 3 [The accused present] 4 [Upon commencing at 9.30 a.m.] 09:28:23 5 PRESIDING JUDGE: Good morning. Before I take appearances, 6 may I inquire why the central curtain is down, 7 Madam Court Officer? 8 MS IRURA: Your Honour, we are advised by the AV booth that 9 there appears to be a technical problem with the central blind 09:32:59 10 and they are trying to see if it can be fixed from the booth, 11 preferably. For now, nothing can be done about it, 12 unfortunately. 13 PRESIDING JUDGE: [Microphone not activated]. 14 MS IRURA: Your Honour, it is electronically regulated. It 09:33:19 15 is taken up by a set of switches. 16 PRESIDING JUDGE: [Microphone not activated]. This is less 17 than desirable, but in the circumstances there is not much that 18 we can do. We need to keep this trial going. I will now take 19 appearances. 09:33:52 20 MS HOLLIS: Good morning, Madam President, your Honours, 21 opposing counsel. This morning for the Prosecution, Brenda J 22 Hollis, Mohamed A Bangura and our case manager, Maja Dimitrova. 23 MR GRIFFITHS: Good morning, Madam President, your Honours, 24 counsel opposite. For the Defence today, myself Courtenay 09:34:15 25 Griffiths, with me Mr Terry Munyard of counsel. 26 Madam President, can I make this observation: I am 27 concerned that the public at large may take the view that there 28 is some reason associated with the defendant for the blinds being 29 down and perhaps if could be stated on the record that it's a SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 35304 18 FEBRUARY 2010 OPEN SESSION 1 technical issue and it has nothing to do with any measure taken 2 to disguise the identity of the accused. 3 PRESIDING JUDGE: Certainly. Thank you, Mr Griffiths. 4 For the members of the public sitting in the gallery, you 09:34:49 5 will note that the curtain immediately behind Mr Taylor is down. 6 That would normally be the position where a witness is testifying 7 in a closed or private session. Actually, Mr Taylor is 8 testifying in open session and the reason for the curtain being 9 down is that there is a technical fault. This curtain has not 09:35:14 10 been able to be put up again. This is reasons beyond our own 11 control and so that is why you cannot see Mr Taylor. We really 12 hope that this will be fixed quickly because there is going to 13 come a time when witnesses need to come in and have a proper open 14 session or a proper closed session. We need this curtain fixed. 09:35:41 15 MS IRURA: Your Honour, we do apologise on behalf of the 16 Registry and the directive of the Chamber will be conveyed to the 17 appropriate parties. 18 PRESIDING JUDGE: Yes, because, you see, we are obligated 19 under the rules to conduct an open and public trial and this is 09:35:57 20 now not an open and public trial with a curtain screening off a 21 third of the court. This is less than desirable. And I would 22 instruct the Registrar to ensure that this is addressed speedily, 23 please. 24 MS IRURA: Much obliged, your Honour. 09:36:19 25 PRESIDING JUDGE: Mr Taylor, just to remind you of your 26 declaration to tell the truth before Mr Griffiths continues. 27 DANKPANNAH DR CHARLES GHANKAY TAYLOR: 28 [On former affirmation] 29 RE-EXAMINATION BY MR GRIFFITHS: [Continued] SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 35305 18 FEBRUARY 2010 OPEN SESSION 1 Q. Mr Taylor, yesterday afternoon when we adjourned we were 2 looking at the Twenty-First Progress Report of the 3 Secretary-General on the United Nations Observer Mission in 4 Liberia, dated 29 January 1997, and we concluded by looking at 09:36:54 5 some statistics at the back of that document, and you will be 6 pleased to know that I have no intentions of going back to that 7 today. But I wonder if we could now, please, look behind divider 8 5. This is MFI-63. Do you have it, Mr Taylor? 9 A. Yes, I do. 09:37:46 10 Q. Now, Mr Taylor, you were asked about this document and I 11 would like us now, please, to look in a little bit more detail at 12 this document. You will see that it's dated 16 December 1998. 13 Is that correct? 14 A. That is correct. 09:38:10 15 Q. Now, this would then be shortly before the Freetown 16 invasion in January 1999, yes? 17 A. That is correct. 18 Q. And we see that it's the Third Progress Report of the 19 Secretary-General on the United Nations Observer Mission in 09:38:34 20 Sierra Leone. Do you see that? 21 A. Yes, I do. 22 Q. Can we start, please, at paragraph 2: 23 "Since my second progress report, the Government of Sierra 24 Leone has continued its efforts to consolidate its position, to 09:38:54 25 restore the stability of the country and to improve relations 26 with its neighbours." 27 Did that include you, Mr Taylor? 28 A. That is correct, yes. 29 Q. And what were those efforts taken by the Government of SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 35306 18 FEBRUARY 2010 OPEN SESSION 1 Sierra Leone to improve relations? 2 A. Discussions with the President, meeting at different fora 3 and holding discussions. 4 Q. "The government has launched initiatives to strengthen the 09:39:32 5 civil service and to fight corruption. Sierra Leone is also 6 increasingly active in the regional and international arena. 7 On 30 October 1998, the government launched a nationwide 8 consultative exercise, organised with the support of the United 9 Nations Development Programme, aimed at enhancing the capacity of 09:39:57 10 government ministries, other national institutions and civil 11 society to take charge of the development process. The 12 consultations exercise is expected to conclude on 14 December 13 with the adoption of a national consensus on major policy issues, 14 including national reconciliation." 09:40:21 15 Now this: 16 "The government has also pursued legal proceedings against 17 both military and civilian supporters of the illegal coup of May 18 1997 by the Armed Forces Revolutionary Council. On 19 October 19 1998, after a court martial had sentenced 34 officers found 09:40:50 20 guilty of treason to death, 24 of them were executed by firing 21 squad. The executions took place despite appeals from the United 22 Nations High Commissioner for Human Rights and others, including 23 myself, for a stay of execution and the grant of the right of 24 appeal." 09:41:16 25 Now, Mr Taylor, what was your position as a member of the 26 Committee of Five and a President within ECOWAS on that decision 27 to execute the 24 officers without a right of appeal? 28 A. I was opposed to it. 29 Q. Why? SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 35307 18 FEBRUARY 2010 OPEN SESSION 1 A. Because at that particular time in the very middle of the 2 crisis to engage in such, I just felt it would just exacerbate 3 the situation and just cause a continuation of the conflict. 4 Q. Now, were you alone in those views amongst your colleagues 09:42:01 5 in ECOWAS? 6 A. No. 7 Q. Who else shared that view? 8 A. Most of ECOWAS. Of course the five members of the 9 committee opposed it, and most other - I would say about 09:42:19 10 two-thirds or more of the member states opposed the execution. 11 Q. Now, did the Committee of Five make known to 12 President Kabbah their opposition to this move? 13 A. On the individual level, yes. 14 Q. "On 23 October 1998, a jury at the High Court in Freetown 09:42:47 15 found Corporal Foday Sankoh, the leader of the Revolutionary 16 United Front, guilty of treason and related offences and 17 sentenced him to death by hanging. Corporal Sankoh, who had not 18 been legally represented during his trial, has now selected legal 19 advisers to undertake his appeal following efforts by the 09:43:12 20 government, with UNOMSIL assistance, to secure legal 21 representation for him." 22 Mr Taylor, what was your personal view regarding the trial 23 of Foday Sankoh at that point in time in October 1998? 24 A. Not really. I felt that it was just the wrong - probably 09:43:40 25 the right step at the wrong time, generally. 26 Q. Let's take that in two stages then. Why the right step? 27 A.