Direct Examination of Protected Prosecution Witness TF1-579

On Monday morning, due to problems faced by the Prosecution regarding calling the next witness, the Trial Chamber decided that court would be adjourned until Wednesday November 5, 2008, when Witness TF1-579 would testify.  On Wednesday morning Prosecution Counsel Nicholas Koumjian called the 81^st Prosecution witness, TF1-579, a Liberian linkage and insider witness who testified with voice and image distortion.

In open session, the witness testified that he was in Liberia Ivory Coast to escape from the war. While in Ivory Coast, the witness was encouraged to return to Liberia, and he testified to going to a training base at Gborpleh in order to join the NPFL. The witness’s training lasted for three months, after which he became a bodyguard for Oliver Vanny in Tapeta.  The witness then testified that he first met Foday Sankoh in Liberia, at Bomi Hills where Sankoh held a meeting to plan the deployment of fighters into Sierra Leone. The witness indicated that Sankoh cautioned against looting and killing of civilians.  He also indicated that at that time the majority of Sankoh’s fighters were Liberians, and that Charles Taylor provided support.  The witness also testified that he witnessed troop movements to and from Bomi Hills and Sierra Leone.  when the war started in 1989, and then moved to

The witness testified that when enemy forces captured Gbarnga, Taylor blamed Oliver Vanny for not securing the ground and as a result ordered his execution. At this point, defense counsel Morris Anyah objected on the grounds that the testimony concerning such executions was irrelevant because they had no link to events in Sierra Leone for which Taylor is charged, and they occurred outside the temporal scope of the indictment.  Prosecution counsel Nicholas Koumjian responded the events were meant to show the accused’s behavior in killing his fighters who did not do what he wanted them to do. Presiding Judge Teresa Doherty ruled that the questions will be allowed under Rule 93a of the Rules of Evidence, and that their probative value would be determined by the Chamber.

 The witness then testified that he later took an assignment with Benjamin Yeaten, and he was sent for SSS training in Gbarnga, after which he was assigned to guard Taylor’s Mansion in Gbarnga in 1992. The witness testified that under Yeaten’s command, Sankoh was given a house at Sugar Hill, a place close to Yeaten’s and Taylor’s houses. The witness was later deployed to Monrovia where he fought against ULIMO-J fighters. When Taylor became President, the witness became part of Taylor’s motorcade as security.

The witness testified to visiting Sierra Leone three times.  During his first trip, he went with Samson Wai and Jungle, who was then serving Foday Sankoh, to bring ammunition to Sam Bockarie in Buedu.  Two months later, during a second trip to Buedu with Zigzag Marzah, Samson and Jungle, they brought ammunition to Sam Bockarie that Benjamin Yeaten had given them. The third trip to Buedu with Samson did not involve transporting ammunition, although they did bring to Sam Bockarie clothing and cigarettes for RUF fighters.

The witness testified that Taylor invited Issa Sesay and Sam Bockarie to Liberia to settle a dispute they were having. When the infighting persisted, Bockarie left the RUF in Sierra Leone in 1999 and moved to Liberia. The witness testified that based on instructions from Taylor, Bockarie’s fighters were recruited into the Anti Terrorist Unit (ATU). Benjamin Yeaten then assigned the witness to work directly with Sam Bockarie, along with Samson Wai, Suprise Faiso and James Kemu, although they reported directly to Yeaten. The witness testified that he built a very close relationship with Sam Bockarie during this period, and that Bockarie confided in him. The witness testified that Bockarie told him it was Taylor who had invited him to relocate to Liberia, and that prior to this he had been taking all instructions from Taylor in Sankoh’s absence.

Prosecution Counsel Nicholas Koumjian then requested the witness to relate what Bockarie had told him about diamonds that were mined by the RUF. The witness explained that Bockarie indicated he always divided the diamonds into three portions, one of which was given to Taylor for the purchase of arms and ammunition for the RUF.

During the next open session, the witness testified that Taylor ordered Bockarie to go to Ivory Coast, and that Bockarie and his fighters were based in Danane, Ivory Coast.  After the witness returned to Liberia from the Ivory Coast, he heard that fighting had erupted between Bockarie and Philip Doe, one of the rebel leaders in the Ivory Coast. He said that Bockarie back to Liberia and that Charles Taylor gave orders to Yeaten to take Bockarie and his men to Yekepa. The witness said that Yeaten returned to Monrovia and ordered him to go and join Bockarie at Yekepa.

The witness testified that while at Yekepa, he obtained permission from Bockarie to pay a visit to a neighboring town. While he was a way, he saw Yeaten moving towards Yekepa with a convoy of armed men. The witness then explained that a friend of his told him that Taylor had given orders to Yeaten to kill Bockarie and all his fighters as Bockarie had become an embarrassment to Taylor. This friend told him that Bockarie and all his men had been killed. Jungle later confirmed the execution of Bockarie and his men. The witness also testified about the death of Jungle, explaining that he was killed by Nyani, on the instructions of Yeaten.

When the Prosecution concluded its direct examination, defense counsel Morris Anyah applied for an adjournment of cross-examination of the witness on the grounds that the Prosecution had not informed the Defense about the late appearance of this particular witness, and that he had not had time to get full instructions from the accused on how to proceed with the witness as all the documents had not been thoroughly read. Justice Doherty granted the defense application for an adjournment and noted that the cross-examination of the witness will begin on November 24, 2008. 

Court Adjourned Until Wednesday November 12, 2008: Defense Counsel Terry Munyard Withdraws from Case 

On Friday morning, Defense Counsel Courtenay Griffiths informed the Court that serious allegations had been made against Defense Counsel Terry Munyard, which were discussed in private session.  In open session, Presiding Judge Teresa Doherty informed the Court that based on arguments heard in private session, the Court will be adjourned until Wednesday November 12, 2008 because Mr. Munyard was withdrawing from the case for reasons of professional ethics and because defense counsel will require more time to prepare for the cross-examination of the witness scheduled for that day.