Direct and Cross-Examination of
Prosecution Witness TF1-087, James Kpumgbu
On
Monday morning, Prosecutor Mohamed Bangura called witness TF1-087, James
Kpumgbu, who testified in Krio.
James
Kpumgbu indicated that he lived in Kissi Town when the rebels entered in
January 1999.
He testified that his
neighbor saw the rebels burn his house, and that when he went to go find his
parents, rebels chopped off his right hand with an axe. The rebel then
attempted to chop off his left hand, but it was not severed entirely. The
rebels then told the witness to go to Tejan Kabbah and tell him that they were
fighting for power.
During
Cross-examination, Defense Counsel Courtenay established that at the time of
his amputations, he had never heard of the RUF, the names Foday Sankoh, Sam
Bockarie, Mosquito, Issa Sesay, Morris Kallon or Charles Taylor. Griffiths also
established that until the amputation the war had not affected or changed his
life much.
During questioning regarding
payments from the prosecution, Griffiths indicated that the Office of The
Prosecutor (OTP) had given payments to the Kpumgbu for lost wages, even though
Kpumgbu was not working at the time and has not been able to work since the
amputations. The witness maintained that he was only provided money for petty
items.
Direct and Cross-Examination of
Prosecution Witness TF1-072, Samuel Komba
Prosecution
witness TF1-072, Samuel Komba, testified previously before the Special Court in
the AFRC trial on July 1, 2005.
Parts of
the transcript of his prior testimony was entered as his testimony for the
Taylor trial.
During cross-examination, Defense Counsel
Courtenay Griffiths established that Komba was living in Tombudu, Kono District
where, until 1998, mining was done by companies and individuals. Griffiths
established that Komba was never aware of ECOMOG soldiers mining in Tombudu,
nor has he seen or heard RUF soldiers ever mining in Tombudu.
Komba testified that he was captured by
rebels in 1998, after which his hand was amputated, he was hit in his face and
lost some of his sight, and his legs were injured.
These injuries were allegedly inflicted by a
man named Savage, who the witness testified was some sort of a commander,
though he did not know his real name. As a result of his injuries the witness
has not been able to work since 1998. Griffiths showed the witness a statement
by the prosecution about payments of the OTP including lost wages. The witness
maintained they were payments for transportation and other things.
Cross-Examination of Prosecution Witness TF1-074, Sorie
Kondeh
Prosecution Counsel Alain Werner called the next
witness, Sorie Kondeh, who testified in Krio and is from the Mandingo
tribe.
Kondeh testified previously in
the AFRC trial on July 5, 2004 and in the RUF trial on July 12, 2004.
Transcripts of his testimony were entered as
evidence in the Taylor Trial.
During cross-examination, Defense Counsel Courtenay
Griffiths first established that Kondeh had started mining at age 13, and was
20 years old in 1998. In May 1998 Kondeh was captured by rebels. Between 1992
and 1998 companies and individual civilians carried out mining in the area
where the witness lived, but in 1998 mining was done by the rebels. Kondeh
admitted that he was familiar with the ECOMOG force, but that he had never seen
ECOMOG soldiers mining in his area.
In
February 1998 three vehicles came to Yumandu with soldiers in full combat. In
one vehicle was someone dressed like a woman, whom Kondeh later heard
identified as Johnny Paul Koroma. These rebels were retreating to Kailahun, the
witness heard. Later the witness was captured by AFRC and RUF rebels in the
bush while he was on his way to Guinea to flee from the war. The one in charge
of capturing him was Francis Bangali aka “Kill a man, no blood”. Bangali used
blades to mark Kondeh and others, after which he was used by the rebels for
domestic chores.
Cross-Examination of Protected
Prosecution Witness TF1-076, Yei Sundu Maculey
Prosecutor
Kathryn Howarth next called witness TF1-076, a rape victim, whose prior
transcripts of testimony given during the AFRC trial on June 27, 2005 where
accepted as her given testimony in the Taylor trial.
This witness is Yei Sundu Maculey, born in
1982 in Tombudu, Kamara Chiefdom, from the Kono tribe.
During cross-examination, Defense Counsel
Griffiths began establishing that the witness lived most of her life in
Tombudu, where she had never seen any soldiers or rebel. She was living in
Fendor when she was met with three rebels, two with a gun and one with a
machete, both who spoke with Liberian accents.
The witness indicated that she had never heard of ULIMO, nor STF, and that
the rebels did not identify themselves as such; they did indicate that they
were soldiers, and discussed ‘no living thing.’
Cross-Examination of Prosecution
Witness TF1-077, Tamba Womba Ngekia
Prosecutor
Alain Werner called the 57th Prosecution witness TF1-077, Tamba Womba Ngekia, who
testified in the RUF trial on July 20 and 21, 2004.
Transcripts of this prior testimony were
accepted as given testimony for the Taylor trial. During cross-examination, Defense
Counsel Courtenay Griffiths established that the witness was 50 years old, and
living in Tombudu under the control of ECOMOG, when he was captured in December
1999 by rebels who identified themselves as RUF. The witness testified that the
rebels burnt his house and killed three of his children. He was then forced to
mine for the rebels, but during the six months the witness was forced to mine
he did not see any Lebanese diamond merchants. He has heard the name of Savage,
but never saw him. Officer Med was his mining commander who would take the
diamonds directly to Issa Sesay, though only once did he witnesses Sesay
receiving a diamond.
Direct and Cross-Examination of
Prosecution Witness TF1-215, Sieh Mansary
Prosecutor
Nicholas Koumjian called the next witness TF1-215, Sieh Mansaray, who moved to
Kondembaia village, Diang Chiefdom, Koinadugu District in 1976. He is married
and has eight children. In February 1998, when Johnny Paul Koroma left
Freetown, Mansary testified that many people, called ‘People’s Army’ came from
Freetown to the villages up country, some of whom used his house as a
checkpoint. The People’s Army remained in his village from February to the end
of March 1998.
Mansaray testified about hearing of numerous villages
attacked, houses burned, and amputations.
At the end of April 1998, the witness and his family decided to leave Kondembaia, and fled into the bush. At a later
point, he met with rebels, who identified themselves as Foday Sankoh’s rebels,
and they accused the witness of conniving with ECOMOG and forced him to carry
loads. Two ECOMOG soldiers were killed as well as several civilians.
Mansaray subsequently described the
amputations of the hands and arms of several civilians, including his own.
During cross-examination Mansaray indicated
that he has been speaking to investigators of the OTP since March 2003.
He also testified that after the AFRC coup
and before the ECOMOG intervention there were no problems with the rebels in
the area in which he was living.
Cross-Examination of Wtiness TF1-218, Ruko Turay
Prosecutor
Alain Werner next called its 60th witness, TF1-218, Ruko Turay, a
rape victim who testified openly in Limba. She had previously testified in the
RUF trial on February 1, 2005, the transcript for which is given as her
testimony in the Taylor trial.
During
cross-examination, Defense Counsel Terry Munyard established that the witness
was living in Bumpe bush in February 1998, when she was captured by rebels,
though she didn’t know from which group. After they raped her, she fled into
the bush and managed to get away safe.
Cross-Examination of Witness
TF1-304, Sahr Charles
Prosecution
called the next witness TF1-304, Sahr Charles, who testified openly in Kono.
He testified previously in the RUF trial in
January 2005, and these prior transcripts are given as his testimony in the
Taylor trial.
During cross-examination,
defense counsel Terry Munyard established that the witness has given statements
to the OTP since 2002.
He indicated that
in 1999, he was mining near Tombudu; that the rebels had a disciplinary system;
that before the rebels came, there was a two pile system – one pile for the
owner of the land and one pile for the worker – though not after the arrival of
the rebels.
Charles testified to having
seen Issa Sesay come to his mining area about 20 times during 2000. Five of
these twenty times Sesay was given diamonds in full view of the witness.
Cross-Examination of Prosecution Witness TF1-195 Sia
Kamara
Prosecutor
Christopher Santora called the 61st Prosecution witness TF1-195, a
crime-based witness named Sia Kamara, who will testify openly in Kono.
A transcript of the witness’s testimony in
the RUF trial on February 1, 2005 was introduced as her testimony for the
Taylor trial.
During cross-examination, Defense
Counsel Courtenay Griffiths established that Sia Kamara had been living in
Tongo Fields for 15 years before the ECOMOG intervention.
When ECOMOG chased the junta out of Freetown and
the rebels moved to Kono, their attitude changed noticeably.
She was then captured by the rebels, and was
amputated because her husband was accused of being a Kamajor, and she was
accused of being a Kamajor sympathizer. She could only identify the rebels as
speaking Krio, Mende and Liberian English.
Cross-examination of Prosecution Witness TF1-206, Alhaji
Tejancole
The prosecution called its next witness TF1-206, Alhaji Tejancole, who testified in Krio in open
Court.
He testified in the AFRC trial on
28-29 June 2005, and the transcript of his testimony was given as his testimony
during the Taylor trial. Defense Counsel Terry Munyard established that the
witness was living in Kono in 1992, was unaware that President Valentine
Strasser called for Liberian soldiers to form the STF in 1993, but was aware of
Liberian mercenaries fighting in Sierra Leone during the mid 1990’s.
Direct and Cross-Examination of Prosecution Witness
TF1-197, Sahr Bindi
The Prosecution called its 63rd witness TF1-197, Sahr Binda, who testified openly in Kono.
Bindi
testified to living in Koidu in 1998, when soldiers who identified themselves
as AFRC and RUF rebels entered Koidu and informed them that Johnny Paul Koroma
was now in charge.
Then one day the
rebels entered Koidu and the witness heard shooting so fled into the bush. He
witnessed men being shot, civilian corpses on the ground and ransacked
houses.
He was held hostage at his
house, and the rebels demanded money, diamonds, palm oil and rice. He was
blindfolded, beaten, threatened, had guns put between his legs, and was stabbed
with a knife on the side of his head. He then left for Guinea, where he stayed for
about a month, after which he returned to a village called Baiama, Kamara
Chiefdom, Kono District.
He testified to then being captured, along
with his younger brother Safia, by AFRC/RUF soldiers.
They were tied to a mango and repeatedly
beaten.
They were then taken to Tombudu,
but escaped to the bush and went back to Baiama where their family was. After
numerous attacks, the witness and his family went to Kokuima, because they
heard that ECOMOG was there, and that ECOMOG did not treat civilians as badly
as the AFRC/RUF did. On the way, he was captured by AFRC/RUF soldiers, and his
hand was amputated.
During cross-examination, Defense Counsel Griffiths established that Bindi was a
trader in the Kono area, and that prior to the arrival of the rebels, there
were few problems in Kono. Until April 1998 many Marakas and Lebanese were
involved in diamond trading.
Since April
1998 Binda has not been able to work for a salary. In January 2005 Binda was
paid by the OTP (Office of the Prosecutor) money for lost wages, though Binda
said that this was only for transportation and meals.
Direct and Cross-Examination of Prosecution Witness
TF1-097, Ibrahim Wai
Prosecutor
Mohamed Bangura called the 64th Prosecution witness TF1-097, Ibrahim
Wai, who testified in Krio. Wai testified that in December 1998 he was working
as a fisherman in Tombo when AFRC/RUF rebels entered Tombo and burned a number
of houses and killed a number of civilians.
Wai then left for Kissy.
In
January 1999, rebels entered his house, one of whom was the same Mohamed who
had robbed him in Tombu in December 1998. Mohamed, a.k.a. Captain Blood, amputated
his hand with a machete then told him to go to President Kabbah and ask for
another hand.
During
cross-examination Defense Counsel Terry Munyard took the witness through his
statement to investigator Corinne Dufka from the OTP (Office of The Prosecutor)
dated March 5, 2003 and a review of this statement dated October 21 and 26,
2005. Munyard established a number of inconsistencies in Wai’s statements,
including the fact that he had never previously mentioned the RUF, the fact
that the rebel was named Mohamed or that he was likely from Burkina Faso.
Munyard suggested that his memory had become
less rather than more reliable over time.
He also asked the witness if anyone recently
suggested to him to mention the RUF in Court, to which Wai replied that Corrine
Dufka had told him to relate all the things that had happened and maintained
that he did mention the RUF to Dufka on both occasions.