On Monday 20th
October, Prosecutor Christopher Santora called the 65th prosecution
witness, Edna Bangura who testified in Krio. Edna was born on 10th
October 1984 at Masingbi in the Tonkolili district. She testified that at the
age of 10, she was abducted by RUF fighters during a sport meeting at Masingbi
in 1994 and was placed in a cellar where she was raped by three masked rebels
and was left helpless. She stated that one C.O Blood later asked her together
with other civilians to carry loads and they left for Buedu where Issa Sesay instructed
that they should be trained. She noted that one Monica Pearson was in charge of
the training at Buedu which lasted for two weeks. The witness noted that they
were placed in a group known as “Small Girls Unit” comprising of girls between
the ages of 8 to 13. She also testified that she was assigned to C.O Scorpion’s
wife as a personal assistant and later she was engaged on “food finding
mission”. The witness also noted that there was another unit called Small Boys
Unit “SBU” which performed the role of securities.
The witness
further noted that she was raped by a rebel called C.O Ray and got pregnant but
however lost the baby. She also noted that she was later taken as a wife by Ray
and later gave birth to another child. Asked why women were taken as wife, the
witness stated that wives were guaranteed protection. She also explained how
rebels captured civilians from neighbouring towns and villages and trained children
as child combatant and used adults to work on farms. She also stated that
proceeds from the farms were given to Issa Sesay. She recalled that Mosquito,
Augustin Gbao, Morris Kallon and Superman were at Buedu. The witness also testified
about weapons being transported from
Liberia.
Asked how she
left Buedu, the witness testified that SAJ Musa sent a radio message in 1998
requesting Issa Sesay to provide “back up” to attack Freetown. Issa instructed Scorpion to join Musa
and Scorpion’s wife, Hawa together with the witness left for Tongo and later
they arrived at Kono where the witness stayed for a month before leaving for
Makeni where she stayed until disarmament. Edna concluded her direct evidence
by noting that her experience with the RUF affected her greatly as she was
captured when she was very young and forced to have sex with rebels. She stated
that because of her ordeal, she is finding it difficult to settle down with a
man.
During cross-examination, Courtney Griffiths attempted to establish that
the witness was deprived of her childhood as she was abducted when she was 10
years old. Counsel reiterated that the witness was taken from a sport ground
and raped and was later taken to Buedu where she underwent military training
and was later attached as guard to Scorpion’s wife Hawa. Counsel further stated
that the witness did not participate in active combat and that arms and
ammunition were sometimes acquired by attacking the civil militia the Kamajors
or Sierra Leone Army. The witness testified that she did not see Mosquito
during her stay at Buedu but saw Kallon and Gbao as they were Scorpion’s
friends. She also noted that during their trip to Kono people were engaged in
mining. When asked about her previous statement made to investigators and
whether they were read back, the witness noted that she met with the
investigators in Port Loko and after their interview, her statement were not
read back but corrections were later made in Freetown when interviewed again.
In establishing inconsistencies, Counsel
presented written statement taken by OTP investigators in 2003 which suggests
that the witness had earlier stated that she was raped by four rebels, and
asked why the witness had testify in court that she was raped by three rebels.
Counsel further noted other inconsistencies between the witness’s prior
statement and oral evidence. Mr. Santora conducted a brief Re-examination and
some documents were admitted into evidence.
On Tuesday,
Griffiths tendered a document as
defence exhibit D70 and also noted that the
Taylor trial is lacking the presence of all
four judges in recent times. He submitted that the trial should be prioritized.
The judges conferred and noted that they will take up the matter with the
President of the Court. Prosecutor Nicholas Koumjian called the 66th
prosecution witness TF1-158, an ex-child combatant and a category B witness
according to the court’s decision of July 2004, noting that the witness is
entitled to protective measures including pseudonym, voice and facial
distortion. Defence counsel Terry Munyard however objected to some of the
measures and noted that the court’s decision of July 2004 was to protect
children and the witness is no longer a child. The Court was adjourned for 10
minutes to allow the prosecution and defence to reach a workable method to
protect the witness. After the break Koumjian informed the court that both
parties have agreed that the witness can testify with a pseudonym.
Court went to private session to get the names of the witness. Back in open
session, the witness stated that he was born in Bonoya in the Bombali district
and can speak Madingo, Limba and krio. The witness testified that he lived with
his father, aunt, younger brothers and sister. He noted that rebels attacked
Bonoya town and threatened to kill all the people of the Madingo tribe because
they had voted for former President Tejan Kabbah. He further noted that a rebel
called “Adama cut-hand” killed his father. Describing other atrocities, the
witness noted that after the rebels placed a bet on whether it was a boy or girl;
they slit open the stomach of a pregnant woman and removed the fetus. He also
stated that the rebels spoke Mende, Krio and some had Liberian accent.
TF1-158 further testified that he was abducted and was forced to carry “looted
properties”. Asked why he went, he stated that he was held at gunpoint. He
testified that they were taken to
CampRosos where they were
trained together with other children as child combatants. He also stated that
they were given drugs which according to their trainers were for courage. He
also noted that the drugs made him feel mad. Among his duties was food finding.
He also testified that he reported to 55 and Gullit who were his bosses.
TF1-158 testified that he was able to escape from Rosos and went to Bonoya
and later went to Kumayusufu where he stayed until the Lome Peace Accord.
Following another attack on Kabala, the witness was captured and taken to
Kamabai where he was re-trained together with other children. He testified that
he was engaged in active combat, noting that he was part of the force that
attacked Kabala after his training. Testifying about disarmament, he noted that
he was given an armband with the words “ex-child soldier” and was later taken
to a town called Lunsar. During cross-examination Terry Munyard attempted to
establish inconsistencies between previous statement and oral evidence. Counsel
noted that the witness was 10 years old when he was captured and might not be
able to distinguish between various languages spoken by RUF, and also noted
that the witness cannot recall his abductors. The witness was shown his prior
statement in which he had stated that there were SLAs in Rosos and when asked
in Court he testified that there were no SLAs in Rosos. Koumjian conducted a
short re-examination and established that the mosque in Bonoya was a small old
building.
On Wednesday, Prosecutor Alain Werner introduced the 67th
prosecution witness TF1-023, a Rule 92 bis witness. The witness is from the Mende
tribe and also speaks English and Krio. She has testified in the AFRC trial and
the transcripts were marked for identification. The witness confirmed that she
has given testimony before the SCSL and also confirmed other documents relating
to the names of her abductors.
Griffiths during cross-examination noted that between 1991
and 1997 the witness was living in
Freetown
and that her family was being suppressed by the AFRC government. Counsel
attempted to establish that the witness first made contact with AFRC fighters
in January 1999 when the invading fighters repeatedly visited their house. Also
the witness was captured on January 22nd and witnessed atrocities
being committed by the forces. The witness was shown a map of
Freetown
and counsel attempted to establish the routes that were used when the witness
was taken to Magbeni and how she escaped back to
Freetown after 7 months.
Griffiths asked about prior statements and
asked questions relating to payments made by the OTP, noting that the witness
is a student and on several occasion received money from OTP for lost wages. The
witness stated that she was not given money for lost wages and had no idea as
to why the disbursement form states payment for lost wages. The disbursement
form was marked for identification. Alain Werner conducted a brief
re-examination, touching on issues relating to AFRC and RUF fighters.
Prosecutor Kathryn Howarth introduced the 68th prosecution
witness, a victim of sexual violence testifying under Rule 92 bis. The witness
was born in 1980 and speaks Mende, Temne, Krio and English. She has testified
in the AFRC trial in 2005 and identified the transcript of that proceeding.
Munyard conducted cross-examination and attempted to establish that the
witness had testified in the AFRC trial and had spoken with the OTP telling
them about her abduction by
SLA fighters who
referred to themselves as “junta”. The witness testified about attack on Kabala
town and explained how civilians were killed. The transcript form the AFRC
trial was tendered as prosecution exhibit.
Prosecutor Julia Baly introduced the 69th prosecution witness
TF1-231, Sarah Koroma. She was born in Kabumba and speaks Limba and Krio. She
testified that she was in
Wellington when the
rebels attacked
Freetown
in 1999. She stated that she fled with her family and hid in a bush until the
rebels announced that civilians should returned to their houses or if found in
the bush they would be killed. On their way home they were captured by rebels
and her hand was chopped of and her husband was killed. She also noted that
rebels committed other atrocities, noting that hands and limbs were chopped off
and people were hacked to death. The witness further stated that when she
arrived at the
Connaught hospital there were
many amputees.
During cross-examination Morris Anyah established that the witness had
earlier testified in the RUF trial and had given her age as 40 years as opposed
to her oral testimony wherein she testified that she does not know her age. The
witness noted that she met with OTP investigators and went to testify in order
to prosecute those who amputated her. She stated that she needs support from
people as she cannot fend for herself and that she has never had about
Taylor except from the government of
Sierra Leone.
She confirmed her knowledge of atrocities committed by rebels including the
death of her husband.
Prosecutor Mohamed Bangura introduced the 70th prosecution
witness TF1-084 Mohamed Samson Bah, born in
Kisi
town and is 55 years old. Bah has testified in the AFRC trial in 2005 and is
testifying under Rule 92 bis, the transcript and other documents were shown to
him and marked for identification.
Terry Munyard conducted cross-examination and noted that the witness is 60
years old. Counsel also noted that the witness had two wives and has divorced
the first. Counsel further noted that the witness was not been working after he
was amputated but has been receiving money from the OTP for lost wages. The
witness however noted that he was given money for transportation and food.
On Thursday, Munyard continued with the cross-examination of Bah noting
that the witness received a total of 1,814,000 Leones from the OTP and WVS for
transport, food, medical expenses and lost wages. Counsel noted that the
witness had not testified about “Liberian speaking rebels” but has mentioned it
in 2008 when making statement to OTP investigators. Asked why, the witness
stated that he told the investigators about these people prior to 2008. Bangura
conducted a brief re-examination and asked the witness about “Liberian
English”. The witness noted that he heard this on two occasions. The transcript
and other documents were tendered as exhibit and the witness pleaded to the
court to provide protection for him and his family.
Prosecutor Julia Baly called the 71st prosecution witness
TF1-098 testifying under Rule 92 bis. Defence counsel Morris Anyah submitted a
motion for reconsideration, relating to disqualification of judges pursuant to
Rule 15 of the Court’s Rules. He noted that the judges have described the
witness as credible and this has already militated against their bias. The
judges however ruled that the application cannot be reconsidered as there is
already a ruling and defence can only make a new application.
Julia introduced the witness, Alpha Jalloh born in 1973 and speaks Fullah,
Temne and Krio. The witness has testified in the AFRC trial and the transcript
was shown to the witness and marked for identification. Anyah conducted
cross-examination and attempted to establish that Jalloh had his hand amputated
in 1999 by a rebel called Tommy. Asked about Liberian English, the witness
testified that some of the rebels who attacked
Freetown in 1999 were speaking Liberian
English and he was able to recognize it because he had lived with Liberians. Asked
about STF and ULIMO, the witness stated that he has not heard about STF but
heard that Liberians were fighting alongside
SLA.
Counsel noted that from a speech by former President Kabbah that ULIMO/STF had
been working with
SLA since 1992. The witness
noted that he does not know the names of the factions but some were Sierra
Leoneans and others were Liberians. Counsel also established that the witness
was given a total of 2,707,000 Leones as payment for lost wages, transport and
medical care. The transcript for the AFRC trial and other documents were
tendered as prosecution exhibit.
Prosecutor Wainer called the 72nd prosecution witness TF1-104
Samuel Radder John who has testified in the RUF trial. A copy of the transcript
was marked for identification and was cross-examined by Munyard. He noted that
the witness has added to his prior statement of 2005, noting that the witness
has added issues relating to Liberian English. He also established that the
witness was amputated on the 18th January 1999. Asked about STF, John
stated that he did not know exactly who they were and that he was not aware
about Liberian mercenaries fighting in
Sierra Leone. He noted that he met
with Liberians in his medical institution. The transcript for the RUF trial and
other documents were exhibited.
Prosecutor Brenda Hollis called the 73rd prosecution witness TF1-085,
Akiatu Tholley, a sexual violence witness. She testified that on January 1999,
rebels attacked
Wellington in the east of
Freetown and threatened
to burn their house if they refused to open their door. She testified about
atrocities, noting that her mother and a 3 years old boy were amputated. She
further stated that she was abducted and taken to Allen Town where she was
raped in a church. She testified that she was taken to
Waterloo
near
Freetown together
with other civilians. Court was adjourned to Monday 27th October as
training will be conducted for SCSL staff on Friday 24th October
2008.