Case No. SCSL-2003-01-T THE PROSECUTOR OF THE SPECIAL COURT V. CHARLES GHANKAY TAYLOR TUESDAY, 6 JULY 2010 9.00 A.M. TRIAL TRIAL CHAMBER II Before the Judges: Justice Julia Sebutinde, Presiding Justice Richard Lussick Justice Teresa Doherty Justice Al Hadji Malick Sow, Alternate For Chambers: Mr Simon Meisenberg For the Registry: Ms Advera Nsiima Kamuzora Ms Zainab Fofanah For the Prosecution: Mr Nicholas Koumjian Ms Kathryn Howarth Ms Maja Dimitrova For the Office of the Principal Ms Claire Carlton-Hanciles Defender: For the accused Charles Ghankay Mr Courtenay Griffiths QC Taylor: Mr Silas Chekera Ms Logan Hambrick Ms Fatiah Balfas CHARLES TAYLOR Page 43706 6 JULY 2010 OPEN SESSION 1 Tuesday, 6 July 2010 2 [Open session] 3 [The accused present] 4 [Upon commencing at 9.02 a.m.] 09:02:38 5 PRESIDING JUDGE: Good morning. We'll take appearances, 6 please. 7 MR KOUMJIAN: Good morning, Madam President. Good morning, 8 your Honours and counsel opposite. For the Prosecution this 9 morning, Kathryn Howarth, Maja Dimitrova and Nicholas Koumjian. 09:03:49 10 MR GRIFFITHS: Good morning, Madam President, your Honours, 11 counsel opposite. For the Defence today, myself Courtenay 12 Griffiths; with me, Mr Silas Chekera, Ms Logan Hambrick, 13 Ms Fatiah Balfas and Ms Mason Hubbard. 14 PRESIDING JUDGE: Thank you. Are we ready to proceed with 09:04:09 15 the witness? 16 MR GRIFFITHS: Yes, we are. 17 PRESIDING JUDGE: Good morning, Mr Sesay. As we proceed 18 with your evidence this morning, I'll just remind you that you 19 are still under the oath you took yesterday to tell the truth. 09:04:22 20 WITNESS: DCT-172 [On former oath] 21 EXAMINATION-IN-CHIEF BY MR GRIFFITHS: [Cont'd] 22 Q. Good morning, Mr Sesay. 23 A. Yes, good morning. 24 Q. Mr Sesay, you will recall that yesterday afternoon when we 09:04:39 25 adjourned, we had reached the stage where you were telling us 26 about an injury you had sustained in November 1994. Do you 27 recall that? Was it December 1994? 28 A. Yes, it's December of '94. 29 Q. And you went on to tell us that - and I'm looking at page SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 43707 6 JULY 2010 OPEN SESSION 1 43705 of yesterday's transcript - that you remained as a 2 commander to November 1995 when you went to the Ivory Coast and 3 then Foday Sankoh appointed Peter Vandi as area commander. And 4 then I asked you this: "You mentioned a name Fayia Musa earlier 09:05:32 5 and also mentioned the fact that he went to the Ivory Coast." 6 You said: "Yes, he was a member of the external delegation." 7 Now I want to ask you about that topic of the external 8 delegation. How did that delegation come about, Mr Sesay? 9 A. Well, first let me say November 1993 to December when 09:06:12 10 Foday Sankoh was leaving the Koindu area to come to Giema, Fayia 11 Musa, Deen-Jalloh, David Kallon, and Konomanyie, Alhaji Kamara, 12 Pa Kamara, and Philip Palmer, all of us were in that border 13 between Bendu and the Liberian border. So sometime in - that is 14 around April/May, Foday Sankoh sent a message that Fayia Musa and 09:06:50 15 Deen-Jalloh should transfer to Giema. So they were in Giema 16 throughout to December when Foday Sankoh sent a message, he spoke 17 to Fayia Musa and he spoke to Deen-Jalloh and Philip Palmer on 18 the radio and he told them that they should organise themselves 19 to go to the Ivory Coast as external delegation so that they will 09:07:07 20 be able to contact Foday Sankoh and Foday Sankoh's good friends, 21 because in 1992 Foday Sankoh was not going out. So he set up the 22 external delegation so that they would be able to spread out his 23 contacts to establish the RUF to the outside world. 24 So in that December, Foday Sankoh said he would send 09:07:34 25 somebody. He sent Sam Kolleh with some money, that he should 26 give the money to Fayia Musa and others as their transport fare 27 and their feeding and rent while they will be in the Ivory Coast. 28 So Sam Kolleh arrived in Giema and gave me the money, and so I 29 invited Fayia Musa and Deen-Jalloh and gave them the money. And SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 43708 6 JULY 2010 OPEN SESSION 1 the remaining money, Foday Sankoh told me that I should purchase 2 rice and medicine for the civilians and the RUF in Kailahun. So 3 he said I should go and accompany them at the border, because at 4 that time Philip Palmer, Alhaji Kamara, Konomanyie and Pa Kallon 09:08:24 5 were in that Koindu area, Pumudu. So Fayia Musa, Deen-Jalloh and 6 myself, together with Deen-Jalloh's wife, we travelled from Giema 7 on foot and we met those in Pumudu. And the following day 8 Foday Sankoh spoke to them as a delegation. That is Fayia Musa, 9 Deen-Jalloh, Dr Barrie - no, Dr Barrie wasn't there at that 09:08:52 10 point. Fayia Musa, Deen-Jalloh, Alhaji Kamara, Konomanyie, and 11 Philip Palmer, including Deen-Jalloh's wife; six of them. So 12 Foday Sankoh spoke to the five men. He did not speak to the 13 woman on the radio. He said they should get prepared, and the 14 following morning I should accompany them to the Guinea border, 09:09:18 15 and at the same time we should contact our business contractors 16 at the border so they would receive them and take them to 17 Gueckedou. So we sent the contractor at the Guinea border who 18 contacted Mamie I Brown, that is late CO Brown's wife. 19 So on that very day we were not - we could not go because 09:09:46 20 we did not hear from the contractor. So the following day -- 21 THE INTERPRETER: Your Honours, can the witness speak 22 slowly and repeat from this point. 23 PRESIDING JUDGE: Mr Sesay, you've not been doing too badly 24 for speed, but please slow down a bit more. The interpreter 09:10:02 25 can't keep up with you. Now, start where you were talking about 26 CO Brown's wife. You contacted Mamie I. Continue from there, 27 please, slowly. 28 THE WITNESS: Yes, sir. Yes, my Lord. I said we sent the 29 contractor and the contractor contacted Mamie I Brown. She was SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 43709 6 JULY 2010 OPEN SESSION 1 in Guinea. She was our business partner. So I Brown made 2 arrangements. She had a vehicle to come and pick the delegation 3 - the delegates at the border. So when we got the information, I 4 escorted them the following day until we got to the border and 09:10:57 5 they boarded the canoe and they crossed over into Guinea. So 6 when they went there, they went to Gueckedou. But after there, I 7 don't know what happened. The security got the information so 8 they arrested Alhaji Kamara and Philip Palmer. 9 MR GRIFFITHS: 09:11:19 10 Q. Now, you've taken us through a lot there, Mr Sesay. What I 11 would like to do, please, is to break that down into one or two 12 categories so that we can clarify matters. Now, first of all, 13 when -- 14 A. Yes, sir. Let me just explain this area. When the two 09:11:40 15 people were arrested, the other four people continued their 16 journey and they went to Ivory Coast. So Alhaji Kamara was 17 detained in Gueckedou and Philip Palmer was taken to Conakry, but 18 later Alhaji Kamara was released and Philip Palmer also was 19 released in '95, I think around March '95. 09:12:06 20 Q. I'm grateful for that, Mr Sesay. Now, as I said and 21 mentioned earlier, I would like certain clarifications, please. 22 Now, first of all, when was it that this decision was made to 23 create an external delegation? 24 A. It was in December that Foday Sankoh made a decision. He 09:12:36 25 contacted Fayia Musa and others, and they too were in support of 26 the idea. Early December '94. 27 Q. Now, secondly, who originated the idea of establishing this 28 external delegation? 29 A. Well, that was an idea that flowed from among Deen-Jalloh, SCSL - TRIAL CHAMBER II CHARLES TAYLOR Page 43710 6 JULY 2010 OPEN SESSION 1 Fayia Musa and Foday Sankoh, because those three used to have 2 dialogue on the radio before that December. While he was in 3 Zogoda, those were the ones who were in Giema together with 4 myself. 09:13:20 5 Q. And the next point is this: Why was it thought necessary 6 to establish such an external delegation? 7 A. Like I said earlier, I said from '92 Foday Sankoh did not 8 travel out so he did not have any outside contacts. So the RUF 9 at that time only depended on captured materials, captured arms, 09:13:51 10 and nobody outside the RUF-controlled area knew what the RUF 11 stood for and knew what the RUF was doing.