The Prosecution continued its direct examination of Protected Witness 34 (TF1-567) in a closed session, to discuss matters related to security. When open session resumed, the witness testified that he was told by Daniel Tamba – aka “Jungle” – that after Sam Bockarie had returned to Freetown in 1999, “Pa” Charles Taylor agreed to train a group of Bockarie’s men as ATU.   The witness testified that Sam Bockarie left the RUF to go to Monrovia because he had disagreements with other RUF commanders. Bockarie did not want to disarm before establishing a Government of National Unity, and feared the disarmament was a plot by the UN to arrest him.   When Sam Bockarie arrived in Monrovia, he had contact with Charles Taylor “all the time”.  

During the time the witness was on assignment 1, he learned that the RUF had captured a large number of UN peacekeepers in Sierra Leone. The witness then went by ATU helicopter to the base in Foya, where Junior Vandi (a Black Guard) and Dauda Fornie arrived on orders from Issa Sessay, to seek advice from Charles Taylor regarding the UN troops they had captured. They sought Taylor’s advice, the witness testified, because Taylor was “[their] big revolutionary father.”   Charles Taylor reportedly advised the men to release the UN peacekeepers. The witness then returned with Vandi and Fornie to Sierra Leone, where Issa Sessay provided him with a vehicle in order to transport arms and ammunition. The vehicle was a pick-up truck that had been seized from the UN troops. The witness then returned to Monrovia, where he sent for Issa Sessay to join him, at the request of Charles Taylor.

Sessay arrived and met with Charles Taylor. Sessay later told the witness that he arrived to meet with Charles Taylor and was surprised to find Sam Bockarie there as well.   Taylor told them he wanted to negotiate between them in order to enable Bockarie to return to Sierra Leone. But the two had a serious argument. Bockarie claimed it was Issa Sessay who made him leave Sierra Leone. When the two could not agree, Taylor ordered Sessay to go back. Sessay took some quantity of ammunition with him and returned to Sierra Leone aboard Charles Taylor’s helicopter.

The Prosecution Counsel then returned to an earlier line of questioning.   The witness testified that in late 2000 Benjamin Yeaten went to the base at Foya to coordinate RUF troops to combine with his operation and attack Guinea. RUF Commanders Superman and Eagle, among others, both went and fought under Yeaten in Liberia, and remained there until the disarmament took place.   The witness testified that he did not know Eagle by any other name, but he was a Sierra Leonean, trained in Pejuhen and serving as a front line commander. During that time the RUF soldiers communicated by long radio. A radio operator named Mortiga worked out of a signal office in Yeaten’s house in Gbarnga area of Bong County, sending signals to RUF commanders.

The witness then testified that Issa Sessay was the leader of the RUF from the time Foday Sankoh was arrested in May 2000, until the time elections took place in 2002. The witness learned over BBC radio in 2003 that Sessay and Bockarie were being indicted by the Sierra Leone Special Court. The witness testified that about a month later he learned that Sam Bockaire had been killed in Nimba County at the order of Charles Taylor, in order to destroy evidence against him. Bockaire’s family and many others were killed as well.   The witness learned of Bockarie’s death from an RUF solider called Salami, who claimed that he was among the troops who carried out the order.  

Defense Counsel , Mr. Courtenay Griffiths, conducted cross-examination of TF1-567.

Under cross-examination, the witness re-iterated that he was captured and trained in Pandembu in 1991, after which he became a Mansion Guard and later a Black Guard. The Defense Counsel attempted to cast doubt on the witness’s claim that he was recruited into the RUF against his will, questioning why the witness never attempted to escape, and how he gained the position of Mansion guard so soon after his capture.   The witness replied that he gained his position because Foday Sankoh liked him, and that he never tried to escape because he feared for his life. The witness did admit that he eventually began to believe in the ideology of the RUF.

The witness then discussed the disciplinary procedures within the RUF. He reiterated that it was the policy of the RUF leaders not to kill civilians, not to rape or loot. The witness explained, however, that men on the front lines did not always abide by this policy, and that there were procedures in place to report and discipline errant soldiers. The witness recalled, at defense counsel’s urging, an incident when Foday Sankoh himself was disciplined for killing a soldier who had raped a civilian.

Defense counsel identified the Kailahun District on a map, and the witness confirmed that that area was considered an RUF stronghold.  The witness explained that in 1991 and 1992 the RUF was receiving supplies and ammunition from Liberia through supply routes in this district. The witness explained that in 1993 ULIMO took control of Lofa County, and had cut supply routes between Liberia and Sierra Leone. Those routes remained cut between 1993 and 1998, and the RUF was not receiving arms from Liberia. With supply routes cut, and government troops advancing, the witness explained that the RUF was forced to fight a guerilla war, dependant on arms they seized in raids.

The witness then discussed operations known as Top 20, Top 40 and Top Final. The witness agreed that there were Liberians fighting along the RUF, and also alongside the government army. He noted that there were also Sierra Leoneans fighting in the Anti-Terrorist Unit in Liberia. But the witness rejected Defense Counsel’s suggestion that there was “a great deal of confusion” amongst the fighters. The witness testifies that he was unaware of any arms or ammunition crossing the Liberian boarder between 1993 and 1998, but refused to say that it did not occur; only that he did not know of it.   He testified also that he never personally gave diamonds to Charles Taylor, nor did he ever actually see anyone else.   He admitted that he never personally witnessed Charles Taylor interact with Issa Sessay, Benjamin Yeaten or Johnny Paul Koroma, Foday Sankoh or Sam Bockaire and that all the information to which he testified regarding Charles Taylor and the diamond trade was, in fact, hearsay. Witness also admitted that he never personally heard Charles Taylor direct anyone to take arms from him to Sierra Leone, although the security personnel did pass on the message.

Defense Counsel then produced a document – exhibit 15 - dated June 1996, addressed to Mohamed Talibi and sign from Foday Sankoh, in which Sankoh thanks Talibi and “my brothers back home” for one half a million dollars and requested more money for arms. The witness explained that he knew Talibi as a Libyan ambassador. The document also referred to Philip Palmer as Sankoh’s representative. The witness explained that Palmer was one of the so-called external delegates, and was later arrested by the RUF for an attempted coup plot. The document mentioned the airlifting of materials to RUF controlled areas, which, Defense Counsel pointed out, seems to contradict the witness’s testimony that between 1993 and 1998 the RUF depended solely on arms and ammunition seized in raids.

The witness then discussed the LURD group of fighters, who were in Liberia attempting to overthrow the Charles Taylor government, and who, the witness testified, took control of the Lofa county area in 2000. Defense Counsel questioned how arms were transferred between Charles Taylor and the RUF during this time if the area was controlled by anti-Taylor forces. The witness testified that such exchanges were done by helicopter, while forces on the ground would attempt to clear the area to ensure the safety of the shipment. The witness testified that prior to the LURD control of the area; shipments were transported on the ground by truck or van, although he himself never actually traveled with such a shipment. The witness himself personally transported arms shipments in 2000 and 2001.

The Defense counsel then returned to the witness’s earlier testimony, regarding arms shipments which came to the Roberts International Airfield. The defense counsel pressed the witness to admit that he did not have positive knowledge that those shipments ever actually ended up in Sierra Leone, although he was quite sure they did, he had not personally seen them.

The witness testified that he was one of fourteen delegates who were selected to go to the Lomé peace talks. Their travel and maintenance was facilitated by the United Nations. The witness left Lomé before the final agreement was signed, but he was aware that his organization has committed to peace. The witness admitted that he was aware that the supply of arms and ammunition he facilitated was contrary to the Lome peace agreement, but that he was doing it under Foday Sankoh’s order. The witness maintained that the arms and ammunition were supplied from Liberia.

The witness testified that he was aware of an incident when Issa Sessay seized a quantity of diamonds from Johnny Paul Koroma, and that Johnny Paul Koroma’s wife was kidnapped, but that he was not aware that she was sexually assaulted.   He testified also that he never personally witnessed any amputations, nor ordered any RUF combatants to amputate anyone. The witness testified that there was infighting within the RUF at various times, typically because of disagreements amongst its leaders.

The witness testified that he was also in Nimba County at that time Sam Bockaire was killed there, in an area called Mali, fighting with Benjamin Yeaten for Charles Taylor, and that he had not revealed this fact to the prosecution counsel because they had not asked.   Defense Counsel suggested that Sam Bockaire might have actually died elsewhere – in a fire fight on the Cote D’Ivore border – but the witness could not verify this, and instead repeated that to his knowledge Bockaire was killed in Nimba County on the orders of Charles Taylor. Defense counsel asked whether the witness feared the same fate might come to him – that Charles Taylor might order his death – and the witness said he did, but that he remained in Liberia anyway, for fear that Benjamin Yeaten might kill him if he left.

The witness then discussed the 1999 attack on Freetown. He testified that Guillit – a commander in the ARFC junta – entered Freetown first, after which Sam Bockaire gave orders for Issa Sessay to reinforce him. The defense counsel suggested that the attack on Freetown was not initially an RUF mission, to which the witness replied that, though it was Guillit’s forces that entered force, it was a joint mission of the ARFC and the RUF.

The defense counsel then introduced two books containing records of diamond mining. The witness testified that these records were kept in order to account to Foday Sankoh, in order to ensure that diamond production was used for organizational and not individual purposes.

The defense counsel asked suggested that in 1994, in an area called Rutile, the witness was put on trial for raping a girl. After being convicted, the witness was demoted from major to private and imprisoned with hard labor for one month. The witness denied this accusation. Defense counsel continued, suggesting that he was forced to marry his rape victim, because she was a virgin at the time of the rape, and was later brought up again on charges of maltreating her, for which Issa Sessay ordered him to be flogged.   The witness, again, denied the claim and assured the court that it never happened. The witness did admit that Sessay had once ordered him to be flogged, but the witness claimed it was for sharing privy information with Superman.

Defense counsel then suggested that the witness’s previous testimony about meeting Charles Taylor was a complete fabrication. The Defense Counsel went on to recount the witness’s interaction with the prosecution counsel. He suggested that the witness had gone over his statements so many times in order to learn them. The witness rejected this proposition, claiming a bit indignantly that he knew his statements already and went over them simply because it was procedure.   The defense counsel then asked whether the witness was being paid to testify, and the witness laughed and then responded that no, he was not being paid. He was testifying because he wanted the truth to come out. He did not, however, hate Charles Taylor; he simply wanted justice to be done.

Prosecution Counsel Ms. Brenda Hollis conducted re-direct examination of TF1-567 .

On re-examination, the Prosecution had the witness clarify various dates, and reiterate that he remain in service to the RUF because he feared for his life. The witness also reasserted that his testimony was the complete truth.

Prosecution Counsel (Mr. Mohamed Bangura) commenced direct examination of TF1-388.

The Prosecution commenced but did not conclude direct examination of witness 35 (TF1-388). By his own wishes, the witness rescinded protections, opting to testify in open session and under his real name, Jabaty Jaward. Mr. Jaward testified in Liberian English with the aid of an interpreter.

In 1991 when the war broke out, the witness was 18 years old and was attending school in his hometown of Pendembu. He fled along with his relatives Mendekema, but the rebels shortly arrived there. The witness recalled that the rebels identified themselves as freedom fighters and began their occupation of the town. Mr. Jaward testified that he was taken to the training camp in Pendembu where he was given lessons in fighting and treatment of civilians, as well as “ideology classes.” After his training, the witness was sent to the front lines at Bombohun, where his unit was attacked by the government troops and suffered heavy causalities. Following this incident, Me. Jaward returned to Pendembu and took up a position in the administrative offices of the RUF, and office which he referred to as “G2.” The office had the task of liaising between civilians and fighters, and taking complaints about violence against civilians.  The witness worked in that office until early 2002, until the Top 20 mission broke out. That was a mission launched by NPLF forces against RUF leaders. During the course of this fighting, the witness testified that his grandmother was killed along with a number of other civilians, while he and some of his relatives hid in the bush. Once the Top 20 fighting ended, the witness testified that word came from Foday Sankoh that the fighters needed to collect themselves and regain control of the revolution, and forget what “our brothers” had done, saying those responsible for the Top 20 mission would be sent to Charles Taylor to be disciplined.

Following the end of the Top 20 mission, the witness worked briefly as an MP before being sent to Kono to deliver a letter to Foday Sankoh. After arriving in Kono, he was assigned to guard the Executive Mansion, and then later assigned to guard the radio operators in Mendekema. The witness later retreated to Kailahun because of advancing government troops, where he was reassigned as an investigator for the Military Police (MP). The MP was a branch of the RUF concerned with investigating internal matters and regulating “criminal activity” within the RUF. The witness explained, however that it was merely a formality to say that investigations actually took place, most misconduct – including killing of civilians - was left uninvestigated.

The witness then discussed the period in the middle of 1993, when the government troops under Strasser’s command had taken control of the Pendembu area. RUF leaders became suspicious during this time, and took to executing civilians and soldiers who they believed had contact with government troops. The witness listed the names of some of these victims and described the ways in which they were killed. Another such period, the witness testified, took place near the end of 1993, when the government troops took control of Kailahun. The witness estimated that around a hundred civilians and soldiers were estimated during this time, including a lady called Jadne who was known as Foday Sankoh’s girlfriend.   The executions were carried out primarily by Issa Sessay, Foday Sankoh and Mohamed Tarawalli. The witness testified that an investigation was opened into these incidents but it was never properly concluded.

The witness testified that in early 1993, the RUF was forced by the government troops to retreat from their position in Kailahun, all the way to the Liberian border, but that they could not advance into Liberia because the ULIMO-K soldier – an anti-Taylor faction fighting in Liberia – occupied it.   The witness testified that that during this time, up until late-1993, the RUF was receiving supplies from Charles Taylor.

The witness testified about a mission led by Morris Kallon, across the border to collect supplies. Foday Sankoh sent the mission in 1993 before the border was completely closed. Kallon and his men had to return through Guinea because the border was cut off.

The witness then testified that beginning in 1994 he was employed as a clerk and soldier for Issa Sessay. The witness was eventually assigned as ground commander for Sessay’s base in Buedu, where he remained until mid-1996, when Sam Bockaire was appointed RUF commander. During his time as commander at Buedu, the witness testified that he observed Pa Abdul hand over diamonds to Sam Bockaire.   He also knew of many other “mining commanders” who would do the same. Though the witness did not know specifically what was done with the diamonds, he was aware that Bockarie was attempting to procure arms and ammunition from Liberia. He discussed one incident in late 1996 when Bockarie gave him a letter and a few items and instructed the witness and his group to go talk with ULIMO soldiers along the checkpoints. The letter apparently indicated that the RUF wanted peace, and the items were supposed to be some sort of gift. The letter apparently got the group entry into Foya in Liberia, where they proceeded to obtain arms.

The witness testified that in 1997 he went along with Bockaire to join the juntas in Freetown. They stayed only briefly before deciding to withdraw to Kenema. The witness then testified to an incident in Kenema in 1998, when he observed Sam Bockarie hand a parcel of diamonds to Jungle. The parcel was to be brought to Charles Taylor. He also recalled that at various times during this period Sam Bockaire would travel to Liberia to pick up arms from Charles Taylor. The witness also testified that he was assigned for a short period as a bodyguard to Foday Sankoh.  Between 1997 and 1999, the witness testified, shipments of arms used to come relatively infrequently from Liberia. It was often his job to inventory these shipments and send them to be distributed amongst the front lines.

In 2000, the witness testified that he was trained at the Barclay’s training center in Liberia as a platoon commander, and then again at the Camp Schefflein barracks outside Monrovia. In 2001 he was promoted to captain. In 2002, the witness was sent to the front line as Bopolu ATU fighter.

Direct examination of Mr. Jabaty Jaward (witness TF1-388) will continue next week.