Direct and Cross-Examination of Prosecution Witness TF1-085, Akiatu

On Monday 27 October Prosecutor Brenda Hollis completed her direct examination of the 73rd Prosecution witness TF1-085 Akiatu.  Akiatu testified that on the way to Masiaka rebels fought the Kamajors.  The rebels cooked the hearts of the Kamajors killed and forced civilians to eat them.  By the time the rebels reached Masiaka Akiatu was considered one of Captain James’s “wives”. James told Akiatu that he was STF, a ULIMO soldier, and he was the ground commander of Masiaka. The commanders at Masiaka were Five-Five, Gold Teeth and Daramy.

The witness testified that Captain James used to inject her with cocaine and force her to loot.  From Masiaka the witness was transferred to Port Loko where she received military training, after which she was sent to Korobola to fight. In Korobola she testified to killing a civilian because she had seen her colleagues kill civilians. After this killing she decided to escape to Lunsar, where she surrendered to ECOMOG. 

During cross-examination, Defense Counsel Morris Anyah questioned the witness about inconsistencies in her statements concerning the eating of human flesh, the witnessing of killings, and the impact of these events on her life. Anyah then established that when civilians had a complaint they could bring it to Issa Sesay or commander Five-Five. Issa Sesay had also issued a law that the rebels should not rape women and loot property. During re-examination, the witness testified that often civilians were too afraid to lodge complaints with Issa Sesay or the commanders, and that even if complaints were lodged the responsible rebels were often not punished. 

Cross-Examination of Prosecution Witness TF1-227, Conteh

Prosecution Counsel Julia Baly called the 74^th prosecution witness TF1-227, Conteh, who testified without protective measures in English. Conteh’s transcript from his prior testimony given in the AFRC trial on April 8, 11 and 12, 2005 was entered as his direct testimony during the Taylor trial.  During cross-examination Defense Counsel Courtenay Griffiths established that Conteh opposed the RUF when the war started in 1991 and opposed the coup of the AFRC in May 1997.  He was captured by AFRC rebels on January 23, 1999.   

Direct and Cross-Examination of Prosecution Witness TF1-216, Ibrahim Fofana

Prosecution Counsel Julia Baly next called the 75^th prosecution witness TF1-216, Ibrahim Fofana, who testified without protective measures in Krio. In February 1998 Fofana was living in Kono, in the village Paema Town with his wife and three children when rebels came to Paema saying they were on a mission called “Operation Pay Yourself.” If civilians refused to hand over their belongings they were beaten up and their belongings were stolen. After the rebels left, almost all civilians in town, including the witness and his family, decided to flee to Guinea. The evening before the witness left, the rebels returned and started killing people as part of Operation No Living Thing. Fofana testified to seeing a couple of the killings, and then stated that he and his family fled to Guinea where they stayed for about six weeks. He then decided to return home to Paema, but was ambushed. Soldiers lit his house on fire, with his three children and aunt still inside, and they were burnt alive. He was then forced to carry loads to Tombodu, Kamara Chiefdom. After reaching Tombodu, the rebels tied him and five others to an orange tree.  One of the commanders, Staff Alhaji, said that ex president Kabbah needed hands to vote for him. A man named Rambo then amputated the hands of all five men tied to the tree, after which they were released and left to find ECOMOG. Since this event, Fofana testified that he cannot work anymore and begs in the street.  

During cross-examination Defense Counsel Morris Anyah explained to the witness that his questions would by no means undermine the pain and suffering the witness had undergone.  He then asked about the day of his amputation, which the witness had testified was April 5, 1998. However this date is different from the date the witness gave in the AFRC trial, April 14, 1998. 

Direct and Cross-Examination of Prosecution Witness TF1-198, Gibril Sesay

Prosecution Counsel Christopher Santora called the 76^th Prosecution Witness TF1-198, Gibril Sesay, who testified without protective measures in Krio.  When the war started in Sierra Leone the witness had stopped mining because the junta and the rebels had took over. At this time the witness was in Koidu. 
The AFRC and RUF started raping women and looting property as soon as the junta was in power. The Kamajors came and entered Koidu Town and were there about two or three weeks, chasing the junta and RUF out of Koidu. Sesay also testified that they said they would cook the people who had been supportive to the junta and the rebels.  

The witness and his family then went to Wendadu, and later to Kondewakoro in the eastern part of Kono where they stayed for almost two months.  Later the witness and his family were in Penduema, where he and his family were captured by the juntas and RUF rebels. Staff Alhaji arrived, and then groups of civilians were killed and groups of women were raped.  After his wife was killed, Staff Alhaji ordered the feet of the witness to be tied. Alhaji then hacked the hand of the witness eleven times.  Lead Defense Counsel Courtenay Griffiths cross-examined the witness and began by suggesting that Sesay had embellished his story. The witness denied this and maintained he had told the truth in Court.  

Griffiths read a statement to the witness where Sesay said that he knew Staff Alhaji, who was in the SLA from 1975, while he himself was in the SLA in 1977. They were both in the SLA until 1990. The witness testified in Court that this statement was incorrect and that it was not he in the SLA but his brother RSM Maxwell Sesay. This is the third time that Sesay is giving evidence before this Court, and Griffiths pointed to contradictions between the testimony in these trials and a record of the events involving the witness recorded on a video with a transcript of the audio dated July 9, 2007. The witness said he was confused at the time of the making of the video and that he was not in the right frame of mind when he gave the interview.  Griffiths suggested that the evidence he had given was a lie while what the witness said on the video shortly after the events was the truth, and that for some reason the witness decided to make up this ‘fantastic story.’ Griffiths further suggested that the only true fact Sesay told in Court was the fact that his hand was chopped off and that he embellished the rest of the story. The witness maintained he was not a soldier and that there are no records in Sierra Leone stating he was ever a soldier. 

Cross-Examination of Prosecution Witness TF1-198, Kumba Bindi

Prosecution Counsel called Witness TF1-198, Kumba Bindi, a victim of sexual violence, who testified without protective measures in Kono.  Bindi’s testimony given in the AFRC trial on June 28, 2005 was entered as his testimony in the Taylor trial. During cross-examination, Defense Counsel Courtenay Griffiths established that Bindi first saw the rebels in Duadu, about 15 miles from Tombodu. She was unaware if the rebels were AFRC or RUF. The witness agreed that Bindi had previously said that the rebels spoke Krio with a fake Liberian accent, and that they also pretended to be ECOMOG. 

Cross-Examination of 78^th Prosecution Witness TF1-024, Abu Bakar Mansaray

Prosecution called its 78^th witness, TF1-024, Abu Bakar Mansaray, who testified without protective measures in Krio. A transcript of testimony given in the AFRC trial on March 7 and 8, 2005 is put before the witness. Prosecution counsel had trouble adopting the witness’s prior testimony, as the witness did not quite understand what was being read back to him.  During cross-examination, Defense Counsel Morris Anyah established that Mansaray was captured on January 8, 1999 and five days later he escaped.  In the AFRC trial he said that one of his sisters died, but the witness now indicated that it was his niece. The witness was captured by rebels, though did not know the group to which the rebels belonged. He was able to escape five days after his capture. 

Direct and Cross-Examination of 79^th Witness TF1-210, Mustapha Mansaray

Prosecution Counsel Nicholas Koumjian called the 79^th Prosecution Witness TF1-210 who testified in Mende without protective measures. The witness was brought in sitting in a wheelchair.  In 1993 Mansaray and his family were living in Zimmi, where rebels were killing and amputating people. When the rebels attacked Zimmi, Mansaray and his family fled to his uncle in Moala. On the way the witness testified to seeing corpses and decapitated heads on sticks at checkpoints. He also testified that his uncle Gibril Turay was decapitated.  From Moala the witness and his family went to Ro Myortor in the Tonkolili District, then to Kono, and later to Wordu, Sandor Chiefdom.  The rebels captured Mansaray and he was forced to carry loads to Tombodu. Staff Alhaji was the commander there and amputated both his hands.  Of all the ones who had their hands amputated, only the witness and Ibrahim Fofana survived. Alhaji said that the amputees would never use their hands again to vote for Pa Kabbah. Staff Alhaji told the two of them to go to ECOMOG.  When asked why he was willing to testify in this trial, Mansaray answered that it was because Charles Taylor had said over the radio that Sierra Leone would taste the bitterness of war and that losing his hands is the bitterness and it was Charles Taylor’s children who did this. 

During cross-examination, Defense Counsel Morris Anyah asked Mansaray if he heard about Charles Taylor during all the time that he spent in Pujehun District, Kenema District, Tonkolili District and Kono District and suggested Mansaray’s hands were amputated but not by Liberians.

Anyah also established that the witness mentioned a number of incidents for the first time in statements made just before coming to The Hague to testify, but not during any other previous statements. 

Direct and Cross-Examination of 80th Prosecution Witness TF1-201, Shekubah Kuriate

Prosecution Counsel Mohamed Bangura called the next witness, Shekubah Kuriate, who testified without protective measures in Krio.  In 1997 the witness testified to working in security for a mining company in Koidu Town when AFRC soldiers took over and started looting and shut down all the mining companies. The RUF were also looting, but they did not wear uniforms.  Kuriate testified that the civilians in Koidu Town invited the Kamajors to come protect the town, and the Kamajors stayed for almost six weeks.  After they left, the civilians heard gunshots and fled to another village.  The witness testified that an RUF commander Akim and his men were conducting “Operation Pay Yourself.’ The witness met a rebel who spoke Liberian English, and he told the rebel that he was a mechanic.  The witness was then taken to Kainkordu Road where the rest of the rebels were assembled with their commander CO Matthew.  CO Matthew indicated that a large group of AFRC/RUF rebels were coming from Freetown under the command of Mosquito to carry out “Operation No Living Thing”.  From February to April 1998 the witness worked as a mechanic for CO Matthew and his men. During this time the witness testified to widespread looting and burning of houses. In April 1998 the witness was taken by the rebels to Paema village, and was able to escape to Koikuima.  The witness next testified that he returned to Paema, where he was once more captured by rebels.  One rebel named Junior was told to get a mortar and the witness was ordered to lay his hand on the mortar. Junior amputated the witness’s right hand, and then he was told to go to Pa Kabbah to get another hand. Junior then cut off both ears of the witness. 

Defense Counsel Morris Anyah began his cross-examination by saying that it is obvious that the witness sustained severe injuries in Sierra Leone in 1998 and 1999 and that, by asking the witness questions, this does not mean the Defense disputes this. Anyah established that the witness has not testified in any other trial before the Special Court.