3QQZg

5371. Exhibit 0-424 is a photograph of some of the guests that attended the dinner at the

Presid ential Guesthouse in Pretoria on 25 September 1997. Exhibit 0 -428 is the "Blue Train

Summary of Programme" indicating that a private dinner was hosted by President Mandela

at the Presidential Guesthouse, Pretoria on Thursday 25 September 1997.

The Accused

5372. The Accused denied having any contact or dealings with the AFRC/R UF Junta or

receiving a delegation sent by Johnny Paul Koroma in July 1997 as alleged by the

Prosecution, as he was inaugurated President of Liberia on 2 August 1997 and not

before. I 1884 Taylor acknowledged that in early October 1997, a delegation sent by Johnny

Paul Koroma carrying a letter (Exhibit 0-004) was received by his Foreign Minister. Taylor

did not meet the said delegation, nor respond to the request for arms and ammunition in

Exhibit 0 -004 . He maintained that Liberia was not in a position to send arms or ammunition

to Sierra Leone as requested in Exhibit 0 -004 because (a) Liberia had totally disarmed and

all arms were in UN custody;11885 (b) Liberia did not recognise the Junta regime in

Freetown; (c) ECOWAS States had just delivered an ultimatum to the Junta regime to

reinstate President Kabbah or face forceful removal by ECOMOG;11886 (d) there was a

decision (AlOECI7/8/97) of ECOWAS Member States instituting sanctions and an arms

embargo on the Junta regime;11 887 and (e) ECOMOG forces were deplo yed throughout

Liberia including at all major airports to enforce security in the sub-region.11 888 A second

delegation from Johnny Paul Koroma was sent to Monro via after 3 October 1997 but Taylor

declined to meet them too as he did not wish to lend credence to the illegal Junta ref:,Time.11 889

Taylor denies ever supplying arms to the rebels in Sierra Leone in exchange for diamonds as

alleged by the Prosecution. I 1890 Taylor denied any invol vement in the alleged shipment of

arms and ammunition to the AFRC/RUF Junta through Magburaka, 11 891and denied speaking

11884 Charles Ghankay Tay lor, Transcript 28 July 2009, pp. 25431, 25442. Ruth Sandor Peny was President ofLiberia before Taylor.11885 Charles Ghankay Tay lor, Transcript 28 July 2009, pp. 25436, 25443.

11886 Charles Ghankay Tay lor, Transcript 28 July 2009, p. 25438.

11887 Charles Ghankay Taylor, Transcript 28 July 2009 , p. 2545 2.

11888 Charles Ghankay Tay lor, Transcript 28 July 2009, pp. 25443-25445.

11889 Charles Ghankay Tay lor, Transcript 28 July 2009 , pp. 25440-2544 1; Transcript 23 September 2009, p.29541.11890 Charles Ghankay Taylor, Transcr ipt 3 August 2009, p. 25849.

11891 Charles Ghankay Tay lor, Transcript 14 January 20 10, pp. 33356-33360; Transcript 27 October 2009, p.30440 ; Transcript 23 September 2009, pp. 29539-29542; Transcript 28 July 2009, p. 25442.

Case No.: SCSL-03-01-T1836

~18May 2012

to Johnny Paul Korom a on the phon e before the said shipment. 11892 Taylor also den ied

receiving any money and/or diamonds from Ibrahim Bah on behalf of the Jun ta in Sierra

Leone as payment for arms and anununition.11 893 He said he was made aware of the

shipment in his capac ity as a member of the Committee of Fivel1 894 but denied ordering the

RUF to construct an airfield near Magburaka or at Buedu ; or having an aircraft capable of

. d . . . S' L 11895carrying arms an ammumtion into ierra eone.

5373. The Accused testified that he had nothing to do with the Magburaka arms shipment

and was not aware of Ibrahim Bah's presence in Monrovia in relation to such a shipment.

He said the shipment could not have originated from Liberia because at that time ECOMOG

was in positi on and the Accused had no weapons and no aircraft .11 896 The Accused denied

purchasing arms and ammunition during his multi-State trip in September 199i 1897 and

instead testifi ed that the purpose of this trip was so he could receive medical treatment and

meet with Nelson Mandela.11898 The Accused confirmed attending a dinn er at Nelson

Mandela' s residence, at which Naomi Campbell and Mia Farrow were also in

attendance I 1899 but denied carrying diamonds with him during his trip or sending a diamond

to Campbell .11900 Official records entered into evidence indicate that on 20 September 1997,

Taylor commenced a mult i-State trip that took him to South Africa, Burkina Faso, Libya,

Tuni sia and Niger, returning to Liberia on 3 October 1997.11901

Defence Witness Issa Sesay

5374. Witness Issa Sesay testifi ed that in late June/early Jul y 1997,1 1902 Gibril Massaquoi

travelled from Nigeria and delivered several letters from Foday Sankoh. Mass aquoi

delivered two of the letters to Ibrahim Bah and General Diendere, the Chief of Staff of the

11892 Charles Ghankay Taylor, Transcript 23 September 2009 , pp. 29546-29549.11893 Charles Ghankay Taylor, Transcript 29 September 2009, p. 29788 .

11894 Charles Ghankay Taylor, Transcript 30 July 2009, pp. 256 10-256 12.

11895 Charles Ghankay Taylor, Transcript 16 February 20 10, pp. 35 112-35113.

11896 Charles Ghankay Taylor, Transcript 23 September 2009. pp. 29539-29542.

11897 Charles Ghankay Taylor. Transcript 14 January 20 10, pp. 33332-33338, 33349; Transcript 16 February20 10, pp. 35 110-35 111; Transcri pt 17 February 20 I0, pp. 352 19-35223 .11898 Charles Ghankay Taylor. Transcrip t 16 February 20 10, pp. 35 1112-35113.

11899 Charles Ghankay Taylor. Transcript 16 February 20 10, pp. 35 1112-35 113.

11900 Charles Ghankay Tay lor. Transcript 14 January 20 I0, pp. 33339 -333340,33369-3337 1.

11901 Exhibit D-141, "Presidential Papers, Policies, Speeches. Statements and Record of Activities of the ChiefExecutive of Liberia, August 2 1997 - December 31 1998"; Charles Ghankay Taylor, Transcript 14 January20 10.

Case No.: SCSL-03-01-T1837

18 May 20 12

2qQ30

Burkinabe Army, respectively, in Ouagadougu, whil e the other two were delivered to

Johnny Paul Koroma and Sam Bockari e in Sierra Leone .11903 In the letter to Bockarie, 11 904

Sankoh urged Bockarie to work with Koroma and Ibrahim Bah to ensure that the

ammunition Sankoh had purchased and stored in Burkina Faso was delivered to Freetown so

that "the AFRC and RUF would be able to defend themselves" .11905 Sesay explained that

Foday Sankoh had purchased the arms and ammunition from Burkina Faso in earl y 1997

before he was arrested in Nigeria 11 906 and left them with General Diendere for safe­

keeping. I 1907 According to Sesay the arms and ammunition were purchased with funds

donated to the RUF by Muammar Gaddafi, the leader of Libya .11908 Sesay denied that the

RUF ever gave Charles Taylor or Ibrahim Bah diamonds in exchange for arms and

ammunition,11 909 explaining that at that time "Mr Taylor and Mr Sankoh had no

business" .11 91 0 In July 1997, Johnny Paul Koroma invited Ibrahim Bah, through Sam

Bockarie and Gibril Massaquoi, to make arrangements to hire a plane for the purpose of

transporting the arms and ammunition from Burkina Faso.11 911 Ibrahim Bah met Johnny Paul

Koroma in Freetown, who gave him $USD 90,000 from the Bank of Sierra Leone in July or

August 1997 for hiring a plane.11 91 2 Bah arranged for the arms shipment which arrived by air

at Mayagba airfield near Magburaka between November and December 1997.11 913 Sesay

disputed the fact that the AFRC/RUF Supreme Council ever held an emergency meeting at

which the issue of paying Ibrahim Bah 90 carat s of diamonds for the purchase of arms and

11901 Issa Sesay, Transcript 7 July 20 I0, p. 43862.

11903 Issa Sesay, Transcript 7 July 20 I0, p. 43855 .

11904 Issa Sesay, Transcript 18 August 2010, pp. 46560-46561 (where Sesay states that Bockarie read the letterout to him.)11905 Issa Sesay, Transcript 7 July 20 10, pp. 43856-43873; 29 July 20 10, p. 44988; Transcript 18 August 20 10, p.465 58.11906 Issa Sesay, Transcript 7 July 20 I0, pp. 43872-4387 3.

11907 Issa Sesay, Transcript 6 July 2010 , p. 43810; Transcript 7 July 2010, pp. 43857,43874.

11908 Issa Sesay, Transcript 7 July 20 I0, pp. 43857,43874.

11909 Issa Sesay, Transcript 27 July 20 I0, p. 44670; Transcript 29 July 2010 , pp. 44985 , 44996.11910 Issa Sesay, Transcript 7 July 20 10, p. 43871.

119 11 Issa Sesay, Transcript 6 July 20 I0, p. 43810.

119 12 Issa Sesay, Transcript 7 July 20 I0, p. 43860. Sesay explained at p. 43862 that while Foday Sankoh the RUFleader owned the arms and ammunition, Johnn y Paul Koroma was to provide $USD 90,000, the cost oftransp orting them, as his contribution to the war effort.11913 Issa Sesay, Transcript 7 July 20 I0, pp. 43860-43863. Elsewhere in his testimony, Sesay refers to the airstripas "Magburaka airfie ld" ,

Case No.: SCSL-03-01 -T 1838~ 18 May 2012

ammunition was discussed. I 191 4 He also disputed the fact that Johnny Paul Koroma sent a

delegation to Liberia in late 1997.11 91 5

5375. When the arms shipment arrived at Magburaka "around November or December

1997" ,11 91 6 Johnny Paul Koroma sent Sesay and other representatives of the AFRC and

RUFI1 91 7 to collect their share of the arms and ammunition which arrived on the plane

accompanied by Fonti Kanu, Ibrahim Bah and a crew that looked like Russians . I 1918 Sesay

and SO Williams went by helicopter to Magburaka and spent the night in Makeni .

According to Sesay, the plane arrived at Magburaka the next day between 3.00pm and

4.00pm and when it landed Sesay and the others unloaded all the materials from it." 919

Sesay stated that the plane flew from Burkina Faso directly to Magburaka. ll92o Immediately

after the plane left , the ECOMOG Alfa jets bombarded the runway but missed the cargo that

had just been ot11oaded. After the jet left, Sesay and others were able to load the cargo into

their truckS.11 921 The plane was supposed to deliver the arms and ammunition in three trips

but as a result of the bombardment, only one flight arrived. I1922 Sesay stated that he did not

see Samuel Kargbo at Magburaka.11923 The shipment consisted of two BZT weapons, five

"SAM-7s" with their ammunition, AA rounds, GPM G rounds and some G3 rounds but no

AK-47 guns or ammunition.11924 Sesay estimated the quantity of ammunition he collected as

two truckioads." 925 The arms and ammunition were delivered to the residence of Johnny

Paul Korom a in Freetown.II926 Sesay stated that Johnny Paul Koroma distributed the

materiel from the Magburaka shipment in 1997. Koroma gave some of the materiel to RY

Koroma, who was in charge of distribution of ammunition at Cockerill, and some to Mike

119 14 Issa Sesay, Tra nscript 7 July 20 10, p. 43857 .

11915 Issa Sesay, Transcript 30 July 20 10, p. 45 130.

11916 Issa Sesay, Transcript 7 July 20 10, p. 43863.

119 17 Sesay nam ed SO Will iams, Emilin Dumbuya (a.k.a. Savimbi) , Lieutenant AK Jalloh and Akim Turay,Vamicious Vandi (a.k.a. Kailondo) and Daniel Wankay (a.k. a. Rambo), as some of the sen ior AFRC and RUFofficials that went to co llect the materiel. Issa Sesay, Transcript 30 July 2010, p. 45130 .11918 Issa Sesay, Tra nscript 7 Jul y 20 10, p. 43866.

11919 Issa Sesay , Transcript 30 July 2010, p. 45130 .

11920 Issa Sesay , Transcript 7 July 20 10, p. 43875.

11921 Issa Sesay , Transcript 7 Ju ly 20 10, p. 43867.

11912 Issa Sesay, Transcript 7 July 20 10, pp. 43867-43875. In cross-examination, Sesay states that the plane wassupposed to make two trips, not three. Transcript 18 August 20 10, pp. 46628-46629 .11 9 ? ~ · .

-. Issa Sesay , Transcnpt 30 July 20 10, p. 45132 (CS) .

11924 Issa Sesay, Tra nscript 7 July 2010, p. 43863; Transcript 29 July 2010, pp . 45002-45003.11925 Issa Sesay, Transcript 7 July 20 10, p. 438 63.

11926 Issa Sesay, Transcript 7 Jul y 2010, p. 43867.

Case No.: SCSL-03-0 1-T 1 8~ 18 May 20 12

Lamin to take to Bockarie. However , when ECOMOG intervened in February 1998, the

materiel was lett at Johnn y Paul's house and captured by ECOMOG forces. I I92?

Defence Exhibit 0-015

5376. Exhibit 0-015 is a letter, dated 26 June 1996, from Foday Sankoh to Mohammed

Talibi , the Libyan Ambassador to Ghana, acknowledging receipt of $USD 500,000 provided

by Libya for purchase of "needed material to pursue the military mission" and request ing a

further $USD 1.5 million for the procurement and airfreight of more arms and

ammunitions.I 1928

Prosecution Exhibit P-272

5377. Exhibit P-272 is a letter, dated 4 December 1996, from Foday Sankoh to Mohammed

Talibi, the Libyan Ambassador to Ghana, in which he explains that he has paid $USD

300,000 to his "business partners" for procurement of materiel but needs $USD 700,000

more to cover the balance. In this letter Sankoh laments the fact that there is some mone y

with the Burkinabe Government for the provision of war materiel but that the said

Government "have not shown any keen interest in assisting the RUF as a movement,

notwithstanding a recent conversation that Sankoh had with commandant Diendere".11 929

Defence Exhibit 0-004

5378. Exhibit 0-004 is a letter, dated 3 October 1997, from Johnny Paul Koroma to

Charles Taylor, thanking him for his supportive position at the UN General Assembly. The

letter ends with a request that he supply the Junta with arms and ammuniti on, with an

itemised list of the quantity and description of the arms and ammuniti on requested.I 1930

Deliberations

I l qn Issa Sesay , Transcript 7 July 20 10, pp. 43915-43916.

11928 Exhibit D-O15, "RUF - Follow up request from Foday Sankoh, Leader, RUFfSL to Brother MohamedTa libi, Libyan Arab People's Jamahiriyya, Accra , Ghana, 26 June 1996".I l n q Exhibit P-272, "Revo lutionary United Front of Sierra Leone, Urgent Information, From Cpl. Foday SSankoh, Leader, RUFfSL, To Brother Mohamed Talibi, Peoples Bureau of Libyan Arab Peoples Jamah iriya,Accra, Ghana, 4 December 1996 - 0000 7797 - 00007798".IIq30 Exhibit D-004, "Letter from Johnny Paul Koroma to Charles Taylor asking for help in the Defence of theCountry against ECOMOG, 3 October 1997" .

Case No.: SCSL-OJ-OI -T1840

-/ 18 May20 12

a. Origin of the anns shipment:

5379. Having carefully considered the above evidence, the Trial Chamber makes the

following observations. It is not in dispute that a few months before the Magburaka arms

shipment arrived in Sierra Leone, Johnny Paul Koroma, the head of the AFRC/RUF Junta in

Sierra Leone, sent a delegation to Monrovia, Liberia with a letter to then President Charles

Taylor for assistance in gaining recognition amongst the ECOWAS Member States. The

exact date of the delegation's visit is in dispute, with Witness TF1-371 who was part of the

said delegation, stating that it was in August and the Accused stating that it was in October

1997. It is not in dispute that on arrival in Monrovia, the said delegation was unable to meet

Charles Taylor and instead met two of his Governrnent officials, namely John T. Richardson

and Monie Captan, to whom the delegation delivered the letter for onward transmission to

Taylor. Recalling its finding as to their general credibility,11931 the Trial Chamber believes

the testimony of Witnesses Samuel Kargbo and TF1-371 and finds that the mission of this

delegation was a purely diplomatic one seeking political/diplomatic recognition of the Junta

regime, and did not involve asking for arms or ammunition from Taylor. The Trial Chamber

also believes TF1-371 that the letter Exhibit D-004, dated 3 October 1997, which contains

references to arms and ammunition was not the letter carried by this delegation. For these

reasons, the Trial Chamber does not consider the visit of this delegation to Monrovia to be

relevant to the Magburaka arms transaction.

5380. One witness spoke vaguely of a second delegation sent by Johnny Paul Koroma

around September/October 1997 to the Accused, specifically to solicit arms and

ammunition. Samuel Kargbo heard Johnny Paul Koroma state at a meeting of the Supreme

Council that he was going to send a second delegation to Liberia led by Mike Lamin of the

RUF and Lieutenant-Colonel Fonti Kanu of the AFRC to purchase arms and ammunition for

the Junta to be facilitated by one General Ibrahim who had been recommended by Sam

Bockarie.11932 According to Kargbo, a couple of days later these three individuals travelled

to Liberia around the beginning of September 1997 and the Magburaka arms shipment

arrived one or two weeks after, around 23 September 1997. Kargbo, however, admitted that

he did not know exactly where the arms shipment originated but surmised that it may have

11931 Credibility Assessment, Samuel Kargbo, paras 290-295; Credibility Assessment, TF 1-371, paras 220-226.11932 Samuel Kargbo, Transcript 21 May 2008, pp. 10455-10459.

Case No.: SCSL-03-0 1-T1841

18 May 2012

jqqj4-

passed through Burkina Faso. 11 933 The Accused himself spoke of a second delegation sent

by Johnny Paul Koroma to Monrovia after 3 October 1997 but maintains that he declined to

meet them."934 The Trial Chamber finds Kargbo 's testimony in this regard to be of little

probative value in establishing a link between this second delegation and the arms shipment

as it not only is circumstantial but is contradicted by another Prosecution witness TFI-371 ,

who insisted that Mike Lamin was never on the delegation that went to Liberia to solicit for

arms or ammunition. For those reasons, the Trial Chamber finds that there is insufficient

evidence linking the visit of a second delegation to Liberia to the Magburaka arms

transaction.

5381. With regard to the Prosecution contention that in September 1997 the Accused took

the diamonds and used the opportunity under diplomatic cover of a trip to South Africa,

Burkina Faso , Libya and Niger to arrange the shipment of arms and ammunition to the Junta

and that while in South Africa the Accused presented some of the Junta diamonds as a gift to

supermodel Naomi Campbell , the Trial Chamber makes the following observations

regarding the evidence of the three witnesses called by the Prosecution. It is not in dispute

that Witnesses Naomi Campbell, Carole White, Mia Farrow and the Accused all attended a

private dinner hosted by Nelson Mandela at his Presidential House in Pretoria, South Africa

on 25 September 1997. It is what transpired at the dinner and afterwards that is in dispute.

Not only did the Accused deny sending Ms . Campbell any diamonds but the evidence of the

three Prosecution witnesses as to what transpired at and after the dinner also contains

contradictions. White insisted that Campbell and Taylor were "mildly flirtatious" at the

dinner table, an assertion refuted by Campbell. White maintained that Campbell told her

during the dinner that Taylor was going to give her a diamond and that Taylor nodded

affirmatively, an account refuted by Campbell, who insisted that she only had a general

conversation with Mr Taylor at the table. White maintained that after the dinner, she

overheard a Liberian Minister making arrangements with Campbell for two men to deliver

the diamonds from Johannesburg to her room, a con versation denied by Campbell. White

further maintained that she and Campbell stayed up late waiting for the diamond couriers

who arrived at the Guesthouse after I.OOam. Campbell refuted White's version stating that

when the men did arrive she was fast asleep in her bed and was not expecting them. White

11933 Samuel Kargbo , Transcript 2 June 2008, pp. 10715-10719.

11934 Charles Ghankay Taylor, Transcript 28 July 2009, pp. 25440-2544 1; Transcript 23 September 2009, p.2954 1.

Case No.: SCSL-03-0 I-T1842

~18 May 20 12

told the Court that she was present when the two men delivered the uncut diamonds to

Campbell in the lobby of the guesthouse but Campbell insisted the men came to her room

and handed her a pouch and that she was alone when that happened . Both White and Farrow

maintained that it was Campbell who told them that the diamonds were a gift from Taylor

but Campbell refuted their version, claiming that it was White 's and Farrow 's suggestion

that the diamonds must have come from Taylor.

5382. The Trial Chamber found both White and Farrow to be frank and truthful witnesses,

not prone to exaggeration and consistent in saying that they did not recall certain details

clearly. They were also consistent with respect to the details that they did recall . White was

subjected to detailed cross-examination on her direct evidence and on extraneous matters ,

but she affirmed her testimon y and her recall of events remained clear and unembellished.

The Trial Chamber notes that Campbell, on the other hand, was a reluctant witness who

openly expressed fear of testifying against the Accused.11935 The Trial Chamber is of the

view that Ms. Campbell deliberately omitted certain details out of fear of the Accused. There

are differences in the details described by these three witnesses, but the Trial Chamber

considers, particularly given the lapse of thirteen years between the events and their recall of

these events, that these differences are not significant. All three witnesses testified that the

diamonds given to Campbell came from Taylor - White on the basis of what she heard and

saw both at the dinner and when the diamonds were delivered, Farrow on the basis of what

Campbell told her, and Campbell herself, who said she came to the realization that the

diamonds were sent by Taylor. 11936

5383. In the light of this evidence from all three witnesses , the Trial Chamber does not find

the denial of the Accused credible. The evidence establishes beyond reasonable doubt that

two men sent by the Accused delivered uncut diamonds to Naomi Campbell on his behalf

following a dinner they both attended on 26 September 1997 at the Presidential House of

Nelson Mandela in Pretoria, South Africa. Be that as it may, however, the Trial Chamber

notes that no evidence has been adduced by the Prosecution with regard to the origin of the

diamonds given to Naomi Campbell by the Accused , or to support its allegation that the

Accused arranged the shipment of arms and ammunition to the Junta during the course of his

11935The witness described her coming to Court as "a big inconvenience" and expressed concern about"endangering her family" by agreeing to testi fy. See Naomi Campbell, Transcript 5 August 2010, pp. 45478,45483, 45506-45507.11936 Naomi Campbell, Transcript 5 August 2010, p. 45472.

Case No.: SCSL-03-0 1-T1843

/ 18 May 20 12

trip to South Africa, Burkina Faso, Libya and Niger. In the absen ce of such evidence the

Trial Chamber cannot conclude with any degree of certainty that the Magburaka arms

shipment originated from South Africa.

5384. Several oth er witnesses who gave evidence about the Magburaka arms shipment

simply did not know exactly where the shipment originated or merely speculated. These

include Augustine Mallah,1I 937 Alimamy Bobson Sesay, " 938 Samuel Kargbo, who saw a

soldier wearing a Burkinabe uniform on board the plane and speculated that it came from

Burkina Faso,11939 TF1 _371 ,11940 Alimamy Bobson Sesay who said that some soldiers

thought the shipment came from Ukraine whil e others said it came from Liberia , and TF 1­

338 who heard it said in a meeting that the Ukra inians provided the arms and

ammunition.I 1941 Isaac Mongor testified that a shipment came to Magburaka in 1998 from

Libya, which passed through Liberia and was arranged by the Acc used. The Defence

challenged his testimony, submitting that Mongor was trying to "disow n his previous

statement" made to the Prosecution by alleging the arms and ammunition that he previously

referred to "were a different shipment from the Magburaka shipment" from Burkina Faso,

arranged by Bah with Koro ma. 11942 Mongor said he did not remember any arms or

ammunition coming from Burkina Faso and denied saying so to investigators , although he

was unable to explain wh y he did not correct his statement. The Trial Chamber has also

considered the evidence of Issa Sesay to the effect that the arms shipment was in fact

purchased by Foday Sankoh in early 1997 and left with General Diendere, the Chief of Staff

of the Burkinabe Army, in Ouagadougu, Burkina Faso.11943 Sesay claims that he came to

know this information via a letter carried by Gibril Massaquoi to Sam Bockarie.11 944 The

Trial Chamber has earlier expressed its reservations about the general credibility of Issa

Sesay. 11945 In this particular case the Trial Chamber has also taken into acco unt the fact that

no other witness spoke of an arrangem ent whereby Foda y Sankoh had an arms cache

11937 Augustine Mallah, Transcript 17 November 2008 , pp. 20379-20380.

11938 Alimamy Bobson Sesay, Transcript 28 April 2008, pp. 8687, 870 1.

11939 Samuel Kargbo, Transcript 2 June 2008, pp. 10715-10719.

11940 TF I- 371, Transcript 3 1 January 2008 , pp. 2700-270 I (CS). The witness stated that he personally did notknow where the shipment came from but was informed by Ibrahim Bah and Issa Sesay that the plane carryingthe arms shipment came from Ouagadougu, Burkina Faso.11941 TF I-338, Transcript 3 September 2008, pp. 15282-15285.

11942 Defence Final Trial Brief, para. 865.

11943 Issa Sesay, Transcript 6 July 20 10, p. 43810 ; Transcript 7 July 20 10, pp. 43857,43874.11944 Issa Sesay, Transcript 18 August 20 I0, pp. 46560-46561.

11945 Credibility Assessment, Issa Sesay, paras 359-372.

Case No.: SCSL-03-01-T

- 1844

/ 18 May 20 12

standing by in Burkina Faso, awaiting transportation to Sierra Leone, notwithstanding that

some of the witnesses were senior RUF officials at the time and would have known of the

arrangement if it did exist. Furthermore, in his "Salute Report as Battle Field Commander to

the Leader of the Revolution, dated 27 September 1999", at page 3 where Sesay speaks

about "a document" that Gibril Massaquoi carried from Sankoh in Nigeria and handed to

Johnny Paul Koroma, Sesay makes no mention whatsoever of the alleged arms cache lying

in Burkina Faso or the need for the RUF and AFRC to secure its transportation to Sierra

Leone. 11946 Lastly, the Trial Chamber notes from the evidence of Samuel Kargbo that

Lieutenant-Colonel Fonti Kanu was specifically included on the delegation that went to

bring the arms shipment because "he was familiar with the military needs of the Junta". This

presupposes that the military equipment was not yet purchased and that Fonti would be

instrumental in identifying which equipment to purchase. For the above reasons, the Trial

Chamber does not believe Sesay's testimony regarding the pre-purchase of the Magburaka

arms shipment by Foday Sankoh.

5385. In view of the lack of credible evidence regarding this aspect of the shipment, the

Trial Chamber is unable to make a specific finding as to the origin of the Magburaka arms

shipment.

b. How was the shipment paid for?

5386. With regard to payment for the shipment, the Trial Chamber has considered the

evidence of several witnesses all of whom spoke of a Supreme Council meeting where it

was agreed that 90 carats of diamonds would be paid as purchase price and $USD 90,000 for

transportation of the arms shipment. Witness TF 1-371 attended an emergency meeting of the

AFRC/RUF Supreme Council in September 1997 at which Johnny Paul Koroma, the

Chairman, announced that the Junta needed 90 carats of diamonds and $USD 90,000 to pay

for the arms shipment. In that same meeting, Koroma instructed the AFRC mining

commander and the Principal Liaison Officer to provide the requisite diamonds, and the

Governor of the Bank of Sierra Leone to provide the US dollars. A few days later, TF 1-371

was present at Koroma's residence when the latter handed over a parcel of diamonds and

$USD 90,000 to Sam Bockarie who in tum handed the cash and diamonds to Ibrahim Bah .

11946 Exhibit D-084, "RUF. Sierra Leone, Defence Headquarters, Salute Report, from Brigadier Issa H. SesayBattlefield Commander RUF/SL, to the Leader of the Revolution. 27 September 1999 - 00007756 - 00007768".

Case No.: SCSL-03-0 I-T1845

~18 May 20 12

J/)

3Cjq3 g

In late October, the shipment arrived at Magburaka. [[947 Witness Samuel Kargbo also

attended a Supreme Council meeting at which, inter alia , it was agreed that the arms and

ammunition to be purchased by the Junta would be paid for with "a parcel", which Kargbo

understood to mean diamonds. I 1948 Augustine Mallah attended a meeting of senior military

officers "close to October 1997" during which the Chief of Army Staff told the gathering

that the Junta would pay for the arms shipment with "money in the bank and diamonds from

Kono and Tongo".11 949The Trial Chamber does not have any general reservations regarding

the credibility of Witnesses TFI-371, Kargbo and Mallah.11950 Defence witness Issa Sesay

confirmed that $USD 90,000 from the Bank of Sierra Leone was used to pay for

transportation of the arms shipment although he maintained that the arms were pre-paid for

by Foday Sankoh using a donation from the Libyan People's Jamahiriya, a version rejected

by the Trial Chamber.

5387. The Defence also refers to Exhibits D-015 and P-272 to support its contention that

the arms delivered to Magburaka were paid for by Sankoh with money from Libya. I 1951 The

two letters sent by Sankoh to Libyan Ambassador Talibi in 1996 are a request for money for

procurement of arms and ammunitions and an acknowledgement of receipt of money, with a

request for more money . There is no evidence that these monies were actually expended on

arms and ammunition. The Trial Chamber notes that Defence Witness Fayia Musa gave

evidence that Sankoh misused the money he received from Libya in 1996 for the RUF on

expensive clothes, women and stereo equipment. 11 952 Witness TF 1-168 also testified that

Sankoh spent the money he received on fine clothes and women.11 953 The Trial Chamber

considers that the letters cited by the Defence are not probative with regard to the source of

funding for the Magburaka shipment

5388. In light of the above evidence, the Trial Chamber finds that the AFRC/RUF Junta

spent 90 carats of diamonds on the purchase of the Magburaka alms shipment and $USD

90,000 on air freighting it from its origin to Magburaka airfield in Sierra Leone.

11 947 TFl-3 71, Transcript 28 January 2008.

11948 Samuel Kargbo, Transcript 21 May 2008, p. 10458.

11'149 Augustine Mallah, Transcript 12 November 2008, pp. 20152-20154 .

11950 Credibility Assessment, TFI-371, paras 220-226; Credibility Assessment, Samuel Kargbo, paras 290-295 .Credibility Assessment, Augustine Mallah, Pre-Indictment period (1988-1996), para. 2522.11 '151 Defence Final Trial Brief: para. 862-864.

11952 Fayia Musa, Transc ript 16 April 2010, pp. 39203-39204.

11953 TFI-168, Transcript 23 January 2009, p. 23417.

Case No.: SCSL-03-01-T1846

~18 May 201 2

c. Who facilitated the anns shipment?

5389. With regard to making arrangements tor the purchase and shipment of the arms, a

number of witnesses testified that Ibrahim Bah visited the Junta in Freetown in September

1997 tor this purpose. Witness TFI-371 attended a meeting with Bockarie and Bah at the

Cape Sierra Hotel, at which Bah explained that Charles Taylor had specifically sent him to

negotiate terms with Johnny Paul Koroma that would assist the AFRC secure anns and

ammunition,11954 and that he had already discussed the costs involved with Johnny Paul

Koroma. 11955 Later, TF 1-371 was present at a meeting in Koroma's residence where Koroma

handed a parcel of diamonds and $USD 90,000 to Bockarie who in tum handed the cash and

diamonds to Bah, after which Bah and Bockarie left Freetown.11956 Isaac Mongor attended a

meeting at the residence of Johnny Paul Koroma at which the main topic discussed was the

need tor ammunition. Mongor stated that the meeting was happy because Bah, who was

present at this meeting, "would be able to help them get ammunition" .11957 After this

meeting Koroma and Bah held "a closed-door meeting", but the contents of these

discussions were not disclosed to Mongor. 11958 Samuel Kargbo attended a Supreme Council

meeting at which he explained that Sam Bockarie had recommended Ibrahim Bah as the

person who would facilitate and assist the Junta to purchase arms and ammunition.11959

Kargbo stated that days later a special delegation that included Ibrahim Bah left for Liberia,

and the arms shipment arrived one to two weeks lateL11 960 Defence Witness Issa Sesay also

testified that Ibrahim Bah came to Freetown to meet Johnny Paul Koroma, but he said that it

was to arrange for the transport of arms and ammunition that had already been purchased by

Foday Sankoh and left in Burkina Faso tor safe-keeping. Numerous witnesses, including

Defence Witness Issa Sesay, testified that Fonti Kanu and Ibrahim Bah were on the plane

that delivered the Magburaka shipment of arms and ammunitionT''" In light of the above

evidence, the Trial Chamber is satisfied that Ibrahim Bah was the key person who facilitated

11954 TFI-371, Transcript 28 January 2008, pp. 2308-2309 (CS).

11955 TFI-371 , Transcript 28 January 2008, p. 2309 (CS).

119 56 TFI-371 , Transcript 28 January 2008, pp. 23 13-2314,2374-23755 (CS).

119 57 Isaac Mongor, Tran script 11 March 2008, p. 5714.

11958 Isaac Mongor, Tran script 1] March 2008, pp. 57] 3-57 ]5; Transcript 4 April 2008, pp. 6658-6659.11 959 Samuel Kargbo, Transcript 21 May 2008, pp. 10455-10459.

11 960 Samuel Kargbo , Transcript 2] May 2008, pp. 10458-10459; Transcript 2 June 2008, p .10710.

11 961 Issa Sesay, Transcript 7 July 2010, p. 43866; TFI-371, Transcript 28 January 2008, p. 2314 (CS); SamuelKargbo, Transcript. 21 May 2008, p. 10479; Transcript 2 June 2008, p. 10710; A1imamy Bobson Sesay,Transcript 28 April 2008 , pp. 8686-8691.

Case No.: SCSL-0 3-01-T

-1847

~18 May 20 12 JL

the purchase and transportation of arms shipment from its place of origin to Magburaka in

Sierra Leone.

d. Alleged involvement of the Accused in the supply of the arms

shipment:

5390. A number of Prosecution witnesses implicated the Accused in the supply of the

Magburaka arms shipment, at the request of Johnny Paul Koroma. Witness TFl-371 stated

that while in Monrovia, his delegation had spoken to officials of the Liberian Government

who assured them that President Taylor was already in contact with Johnny Paul

Koroma. II962 Upon his return from Monrovia TFl-371 went to brief Johnny Paul Koroma

who confirmed that President Taylor had already communicated with him and promised

support in securing recognition by ECOWAS . 11 963 Subsequently, TFl-371 was at a meeting

with Bockarie and Ibrahim Bah at the Cape Sierra Hotel. After Bockarie expressed concern

at the constant military attacks on the AFRC by the Nigerian ECOMOG troops and the

AFRC Junta's lack of arms and ammunition, Bah responded that Charles Taylor had

specifi cally sent him to negotiate terms with Johnny Paul Koroma that would assist the

AFRC secure arms and ammunition.l 'F'" Isaac Mongor was present at a meeting between

Ibrahim Bah and senior RUF officials at Sam Bockarie's residence in Freetown when Bah

delivered a message from Charles Taylor urging the RUF "to work together with the

AFRC".11965 Mongor attended a subsequent meeting of senior AFRC officials at the

residence of Johnny Paul Koroma on Spur Road at which Ibrahim Bah repeated the message

from Charles Taylor that the RUF and AFRC should "work hand in hand", a message that

was "well recei ved" by both the RUF and AFRC.1 1966 The main topic discussed at this

second meeting was the need for ammunition and that the meeting was happy because Bah

"would be able to help them get ammunition". I1967 Later Koroma told Mongor that he had

been in contact with Taylor and that Taylor had said that he was going to "send something"

for the Junta Govemment.11 968 Samuel Kargbo overheard a telephone conversation between

11962 TFI -371, Transcript 28 January 2008, pp. 2304-2307 (CS).

11963 TFI-371 , Transcript 28 January 2008, p. 2307 (CS).

11 964 TFI-371, Tran script 28 January 2008, pp . 2308-2309 (CS).

11965 Isaac Mongor, Tran script 11 March 2008, p. 5712.

11966 Isaac Mongor, Transcript 11 March 2008, pp. 5712-5714.11967 Isaac Mongor, Transcript 11 March 2008, p. 5714 .

11 968 Isaac Mongor, Transcript 11 March 2008, p. 5724 .

Case No.: SCSL-0 3-01-T 18 May 20 12

Johnny Paul Koroma and Charles Taylor during which Koroma reportedly told Taylor that

he was sending him a delegation led by Mike Lamin and that Ibrahim Bah had been

recommended by Sam Bockarie to assist the delegation with the procurement of the arms

and ammunition. 11969 Subsequently, Kargbo attended a Supreme Council meeting at which

Koroma stated that he was sending a delegation to Liberia led by Mike Lamin of the RUF,

Lieutenant-Colonel Fonti Kanu of the AFRC and General Ibrahim Bah to purchase arms and

ammunition for the Junta. 11970 This delegation left for Liberia within hours of the meeting.

The Prosecution did not adduce evidence regarding the procurement of the arms and

ammunition, nor of Taylor's direct involvement in making these arrangements.

5391. In light of the above evidence, the Trial Chamber has carefully considered the

Defence evidence and arguments exonerating the Accused, and makes the following

observations. Regarding Taylor's denial of contact or dealings with the AFRC/RUF Junta

before his inauguration as President of Liberia on 2 August 1997,11971 the Trial Chamber

notes that none of the Prosecution witnesses above alluded to contact between Taylor and

the Junta before August 1997. Regarding Taylor's testimony that Liberia was not in a

position to send arms or ammunition to Sierra Leone as requested in Exhibit D-004 because

(a) Liberia had totally disarmed and all arms were in UN custody; 11972 (b) Liberia did not

recognise the Junta regime in Freetown; (c) ECOWAS States had just delivered an

ultimatum to the Junta regime to reinstate President Kabbah or face forceful removal by

ECOMOG;11973 (d) there was a decision (AlDECI7/8/97) of ECOWAS Member States

instituting sanctions and an arms embargo on the Junta regime;11974 and (e) ECOMOG

forces were deployed throughout Liberia including at all major airports to enforce security in

the sub_region,11975 the Trial Chamber is of the view that there was nothing to prevent the

Accused, using an agent or intermediary like Ibrahim Bah, to covertly or clandestinely assist

the Junta to acquire the necessary arms and ammunition. Indeed the covert nature of the

arms purchase explains why so few witnesses actually knew of the origin of this shipment.

11969 Samuel Kargbo, Transcript 21 May 2008, p. 10455.

11970 Samuel Kargbo, Transcript 21 May 2008, pp. 10455-10459, 10477.

11971 Charles Ghankay Taylor, Transcript 28 July 2009, pp. 25431, 25442. Ruth Sandor Perry was President ofLiberia before Taylor.11972 Charles Ghankay Taylor, Transcript 28 July 2009, pp. 25436, 25443.11973 Charles Ghankay Taylor, Transcript 28 July 2009, p. 25438.

11974 Charles Ghankay Taylor, Transcript 28 July 2009, p. 25452.

11975 Charles Ghankay Taylor, Transcript 28 July 2009, pp. 25443-25445.

Case No.: SCSL-03-0 I-T 18 May 2012 J

5392. The Defence further submits that, even if the Trial Chamber were to accept the

testimonies of TF 1-371 and Samuel Kargbo, the evidence implicating the Accused is

circumstantial, and that no link has been established between the testimony relating to the

Accused and the shipment to Magburaka.11976

5393. The Trial Chamber does not consider the evidence implicating the Accused to be

solely circumstantial. TFI-371 had direct knowledge of the transaction. He testified with

clarity that the Magburaka shipment was organised by Ibrahim Bah, who had been sent by

the Accused to Freetown, where he was given money and diamonds to arrange the shipment,

in the presence of the witness, and that the shipment to Magburaka resulted from this

transaction. 11977 TFI-371 's testimony is corroborated by the testimony ofIsaac Mongor and

Samuel Kargbo, both of whom testified that Ibrahim Bah came to Freetown on behalf of the

Accused and both of them linked the arms transaction to Magburaka as well as to the

Accused. While these witnesses recount different meetings, the content of what they heard

in these meetings consistently indicates that Ibrahim Bah was acting on behalf of the

Accused in arranging the arms deal. TFI-371 testified that following these meetings Bah left

Freetown with Bockarie, and Kargbo testified that Bah went from Freetown to Liberia.11978

5394. In light of these considerations, the Trial Chamber rejects the evidence of Issa Sesay

and accepts the evidence of TFI-371, Mongor and Kargbo that the Accused sent Ibrahim

Bah on his behalf to make an arrangement for provision of arms and ammunition, in

exchange for 90 carats of diamonds and $USD 90,000, which was given to Bah by Bockarie

and Koroma.

e. Date of delivery of the shipment

5395. With regard to the date of the Magburaka shipment, there are inconsistencies in the

testimony of several witnesses. Alimamy Bobson Sesay initially testified that the shipment

took place around about two months after the AFRC coup, which would therefore be July

1997, but later said it was after they had been in power for some time. TFI-371 testified it

was in October 1997 and Issa Sesay testified that the flight arrived around November or

11976 Defence Final Trial Brief, para. 1050.

11977 TFl-371, Transcript 31 January 2008, p. 270l.

11978 TFl-371, Transcript 28 January 2008, pp. 2313-2314, 2374-23755 (CS); Samuel Kargbo, Transcript 21May 2008, p. 10478.

Case No.: SCSL-03-01-T 185/ 18 May 2012

December 1997.11979 Samuel Kargbo testified that the shipment was delivered in late

September 1997. Perry Kamara and TFI-338 testified that the shipment took place "around

the end of 1997".11980 Isaac Mongor stated that the delivery arrived in early 1998 shortly

before the ECOMOG intervention.11981

5396. The Trial Chamber accepts that a witness recalling events which happened over ten

years earlier when there is no evidence that any of them kept precise or formal records can

lead to variations in recollections and estimations. The Trial Chamber therefore finds that

the Magburaka arms shipment took place sometime between September 1997 and December

1997.

f. Size and contents of the Magburaka shipment

5397. With regard to the size and content of the Magburaka shipment, the Trial Chamber

heard varying testimony. TFI-371 was not present for the delivery of the shipment but

relied upon a report from Issa Sesay and Morris Kallon who went to Magburaka to collect

the RUF share.11982 He described the RUF share of the delivery as "huge", including 200

AK-47 rifles, two 75 calibre machine guns, rocket propelled grenades and 80 boxes of AK­

47 ammunition. The quantity of arms and ammunition described by the witness did not

include those allocated to other factions.11983 Isaac Mongor who also went to collect the

RUF share stated that the delivery consisted of two anti-aircraft guns and some ammunition

for the AA gun and GMG rounds.11984 Samuel Kargbo who went to collect the AFRC share

testified that there was a "large quantity" of ammunition comprising AK rounds, G3 rounds,

mortar bombs, RPG bombs and stinger missile bombs, but the shipment did not include

arms.11985 Alimamy Bobson Sesay who arrived at Magburaka after the materials had been

loaded into trucks testified that the shipment included contained sub machine guns (SMGs)

and SMG rounds, AK rounds, an anti-aircraft gun with lasers. When tested at Johnny Paul

11979 Defence Final Trial Brief, para. 594.

11980 Perry Kamara, Transcript 5 February 2008, p. 3092; TFI-338, Transcript 3 September 2008, pp. 15282­15287.11981 Isaac Mongor, Transcript 4 Apri12008, pp. 6646-6651.

11982 TFI-371, Transcript 28 January 2008, p. 2314 (CS).

11983 TFI-371, Transcript 28 January 2008, pp. 2316-2317 (CS).

11984 Isaac Mongor, Transcript 11 March 2008, pp. 5724, 5726-5728; Transcript 4 Apri12008, p. 6644.

11985 Samuel Kargbo, Transcript 21 May 2008, pp. 10479-10482; 2 June 2008, p. 10718.

Case No.: SCSL-03-01~T1851-: 18 May 2012

Koroma's house on Spur Road, the anti-aircraft lasers were found not to be working.11986

Witness TFl-338 who went with senior RUF officials to collect their share arrived after the

plane had left but saw the materiel it had dropped on the field, which was AK rounds, G3

rounds, stick grenades and GMG rounds. 11987

5398. Issa Sesay who went to collect the RUF share of the delivery stated that the shipment

consisted of two BZT weapons, five "SAM-7s" with their ammunition, AA rounds, GPMG

rounds and some G3 rounds but no AK-47 guns or ammunition. 11988 Sesay estimated the

quantity of ammunition he collected as two truckloads.11989 The Trial Chamber however,

doubted Sesay's testimony that the plane landed at 3.00pm to 4.00pm during daylight, or

that Sesay and his colleagues had time to offload the cargo, in view of evidence suggesting

to the contrary, that the plane hurriedly dropped the cargo mid-air at night for fear of

ECOMOG bombardment. Furthermore, Sesay prevaricated when asked to quantify the size

of the shipment and denied TF1-371 's testimony that the delivery included 200 AK-47 rifles

and 80 boxes of ammunition'V'" stating that there were only a few boxes. In cross­

examination, however, Sesay indicated that the airplane had a very large capacity and said it

was half full. He was evasive when asked why two trucks were required and another plane

load expected.11991 The Trial Chamber finds that the testimony of Issa Sesay was not

credible on this issue and that he tried to downplay the quantity of the shipment, while TF 1­

371 's testimony received some corroboration from Samuel Kargbo's testimony that the

shipment contained a "large quantity" of ammunition. Isaac Mongor, testified that only a

"small amount" of ammunition was delivered, Perry Kamara saw arms and ammunition

boxes being distributed by groups, Alimamy Bobson Sesay also testified that a large number

of RUF and AFRC received arms and ammunition from the shipment. The evidence of

Kargbo, Alimamy Bobson Sesay, and Kamara, who were present, all show that a large group

of fighters and a large number of vehicles, including two trucks, awaited the shipment. After

it was off-loaded the consignment was distributed quickly among those present before they

dispersed.

11986 Alimamy Bobson Sesay, Transcript 28 April 2008, pp. 8701-8703.

11987 TFI-338, Transcript 5 September 2008, pp. 15557-15558.

11988 Issa Sesay, Transcript 7 July 20 I0, p. 43863; Transcript 29 July 20 10, pp. 45002-45003 .

11989 Issa Sesay, Transcript 7 July 20 I0, p. 43863.

11990 Issa Sesay, Transcript 29 July 20 I0, pp. 45002-45003.

11991 Issa Sesay, Transcript 27 August 2010, pp. 47357-47358.

Case No.: SCSL-03-01-T1852

18 May 2012

5399. There is no evidence that a manifest was produced, signed and recorded or any

evidence to suggest that any member of the Junta took an inventory of the contents of the

shipment on the airplane or an inventory of what was loaded onto each vehicle. Given that

the delivery was made during the night with little lighting and hurriedl y loaded on to trucks ;

and given further that each faction was concerned with collecting their own share of the

arms and ammunition, the Trial Chamber accepts that the variation in description of the

quantity and content of the shipment is inevitable. In the circumstances there can be no

finding of the exact quantity or nature of the materials in the shipment. The Trial Chamber

finds however, based on the evidence of witnesses TFI-371, Mongor, Bobson Sesay and

Issa Sesay that the shipment was large and contained both arms and ammunition.

g. Distribution of the Magburaka anns and ammunition

5400. Accounts of who was present at Magburaka to pick up the shipm ent are numerous

and varied. From the evidence it is clear that the plane dropped off the cargo under cover of

darkness, and that the cargo was hurriedly collected and taken away for fear of an

ECOMOG bombardment. Witnesses arrived at different times and some arrived after the

plane had left. Furthermore, RUF and AFRC personnel from different locations were

positioned at different places around the airstrip, including in the bushes, as they waited to

collect their share of the delivery. Samuel Kargbo testified that vehicle lights had to be used

to illuminate the runway for the plane, which arrived between 7.00pm and 9.00 pm11992

Witnesses TFI -338 and Perry Kamara also stated that the plane dropp ed off the delivery at

night.11993 It is therefore not surprising that the witnesses expressed a fair amount of

uncertainty as to who was present and who was not. Given this situation the Trial Chamber

accepts that it is inevitable that different witnesses may have seen certain persons at the

location and not seen others who were in fact present or that they were mistaken in their

identification. I 1994 The Trial Chamber notes that the Prosecution makes no submissions as to

who was present for the delivery , stating only that "Fonti Kanu was on the plane that

brought the shipment to Magburaka" .11 995

11992 Samuel Kargbo, Transcript 21 May 2008, p. 10459; Transcript 2 June 2008, pp. 10709, 10747.

11993 TF I-338, Trans cript 3 September 2008, p. 15285.

11994 R. v. Turnbull (19 76) 3 AII E R..64.

11 995 Pros ecution Final Trial Brief, para . 233 .

Case No.: SCSL-03-01-T1853

18 May 2012

3qq4-b

5401. The Trial Chamber accepts the testimony of the witnesses who said they themselves

were present for the arrival of the shipment at Magburaka and considers that the

inconsistencies in their testimon y as to others who were present result from the

circumstances described above. The Trial Chamber is satisfied beyond reasonable doubt that

members of both the AFRC and RUF were present at Magburaka for the delivery of the

shipment or after it was made. It therefore finds that members of the AFRC/RUF Junta were

present for the delivery.

5402. Regarding the distribution or allocation of the arms and ammunition, no

documentary record was tendered in evidence. The Trial Chamber considered the evidence

of Isaac Mongol', Samuel Kargbo, TFl-338, TFl-371 and Issa Sesay, which witnesses all

gave varying accounts. Witness TFl-371 stated that the weapons from the shipment were

distributed to the Cockerill Military Headquarters, Koroma's residence and Issa Sesay's base

in Kenema Districtl1996 and that approximatel y 200 AK-47 rifles , one 75 calibre machine

gun, rocket propelled grenades and 80 boxes of AK-47 ammunition were allocated to the

RUF alone. 11997 TFl-371 also testified that the AK-47s were distributed amongst the armed

guards stationed at the mining operations at Tongo Fields, in addition to the weapons which

the guards already had when they joined the Junta. 11998 According to TFl-371, these guards

included members of the "Small Boys Units" ("SBUs"), some of whom were as young as 13

years 01d.11999 Mongol' testi tied that one of the two anti-aircraft guns was allocated to the

AFRC and mounted at Koroma's residence in Freetown, while the other was allocated to the

RUF and taken by Mike Lamin to Bockarie in Kenema.120OO Samuel Kargbo stated that the

ammunition was hurriedly put in vehicles and delivered to Johnny Paul Koroma's residence

in Freetown, from where it was distributed to the AFRC and RUF commanders. 12001

5403. Alimamy Bobson Sesay stated that the arms were distributed among RUF and SLA

membersl 2002 and that some other arms and ammunition were used to reinforce the fight

against ECOMOG forces. 12003 Perry Kamara stated that on arrival he saw vehicles belonging

11996 TF I-371, Transcript 28 January 2008, pp. 23 16-23 17 (CS).

11997 TFI -371, Transcript 28 January 2008, pp. 2316-23 17 (CS).

11998 TFI -371, Transcript 29 January 2008, p. 2463 (CS).

11999 TFl -371, Transcript 28 January 2008 , p. 2337 (CS).

12000 Isaac Mongor, Transcript 11 March 2008, pp. 5733-5734 .

1200\ Samuel Kargbo, Transcript 21 May 2008, pp. 10479-10482.

12002 Alimamy Bobson Sesay, Transcript 28 April 2008. pp. 8702-8704.

12003 Alimamy Bobson Sesay, Transcript 28 April 2008, p. 8688.

Case No.: SCSL-03-0 l -T1854

/ 18 May 20 12

to the RUF, AFRC , "Bo Brigade" and other groups from Freetown and Kenema, all of

whom had come to collect their share .12004 The witness saw arms and ammunition in boxes

being distributed "by groups" between the RUF and AFRC.12005Witness TFl-338 stated that

the arms and ammunition were distributed to AFRC/RUF forces in Freetown, Makeni and

Magburaka and later used to repel ECOMOG from Freetown. 12006 Issa Sesay stated that the

arms and ammunition were delivered at the residence of Johnny Paul Koroma in

Freetown 12007 and that Johnny Paul Koroma distributed some of the materiel to RY Koroma,

who was in charge of distribution of ammunition at Cockerill, and some to Mike Lamin to

take to Bockarie. However, when ECOMOG intervened in February 1998, the materiel was

left at Johnny Paul's house and captured by ECOMOG and SLPP forces .12008

5404. The Trial Chamber considers that in fact there is a degree of consistency in the

evidence as to where the materiel went following its arrival at Magburaka. A number of

witnesses, including TFl-371 , TFl-338, Samuel Kargbo , Isaac Mongor and Defence witness

Issa Sesay, all indicated in their testimony that at least some of the materiel was taken to

Koroma's residence. Some witnesses also indicated other destinations, but the evidence

converges to establish that Koroma's residence was a destination for the shipment. The Trial

Chamber also finds , based on the testimonies of TFl-338 and TFl-371 , that other parts of

the shipment were delivered to Cockerill Military Headquarters, Makeni , Magburaka and

Kenema. This is consistent with the evidence that shares in the shipment were driven away

from Magburaka after the airplane arrived .

5405. The Trial Chamber will assess the use of the Magburaka shipment in the section of

the Judgement below dealing with the use of materiel supplied or facilitated by the

Accused. 12009

Findings

5406. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt

that the Accused sent Ibrahim Bah on his behalf to Freetown to meet with Sam Bockarie and

12004 Perry Kamara , Transcript 5 February 2008, p. 3092.

12005 Perry Kamara, Transcript 5 February 2008 , p. 309 1.

12006 TF 1-338, Transcript 5 September 2008, pp. 15557-1555 8.12007 Issa Sesay, Transcript 7 July 2010, p. 43867.

12008 Issa Sesay, Transcript 7 July 2010, pp. 43915-43 916.

12009 See Anus and Ammunition: Use of Materiel Suppl ied or Facilitated by the Accused.

Case No.: SCSLc03-01-T1855

18 May 2012

Johnny Paul Koroma to make arrangements for the procurement of arms and ammunition.

Bah was given 90 carats of diamonds and $USD 90,000 to pay for the shipment.

5407 . The Trial Chamber finds that the Accused travelled to a number of African countries,

including South Africa, from September to 3 October 1997. On September 25 September

1997 he attended a dinner at the Presidential House of Nelson Mandela, which was also

attended by Naomi Campbell. Following the dinner two men sent by the Accused delivered

diamonds to Naomi Campbell. However, there is insufficient evidence to establish that the

Accused made arrangements during the course of these travels for the purchase of arms and

ammunition to be shipped to Sierra Leone.

5408. The Trial Chamber finds that the Prosecution has proved beyond reasonable doubt

that the shipment of materiel negotiated with Bockarie and Koroma by Ibrahim Bah in

Freetown on behalf of the Accused was delivered by plane to Magburaka in Sierra Leone

sometime between September and December 1997, and that members of the AFRC/RUF

Junta were present for the delivery. There is insufficient evidence to determine where the

flight to Magburaka originated.

5409. The Trial Chamber finds beyond reasonable doubt that the shipment of materiel

delivered to Magburaka included arms and ammunition, which were distributed among the

AFRC/RUF Junta, and that this shipment was very large.

(d) Alleged facilitation of Burkina Faso shipment

Submission of the Parties

5410. The Prosecution submits that one of the largest and most significant shipments of arms

and ammunition provided to the AFRC/RUF was that which arrived just prior to the multi­

axis operation culminating in the attack on Freetown in January 1999, the operation which

inflicted so many crimes and such great suffering on the civilian population of Sierra Leone .

Taylor was instrumental in procuring and organising this shipment. 12010 Around

October/November 1998, upon Taylor's orders, Bockarie travelled with a delegation,

including his security personnel, Rashid, SYB Rogers, Eddie Kanneh, radio operator Dauda

12010 Prosecution Final Trial Brief, para. 257.

Case No.: SCSL-03-01-T1 85~

18 May 201 2

391lf9

Aruna Fornie ("DAF") and others to Monrovia, where Bockarie met with Taylor, and then. PO l lonward to Burkina Faso. -

5411. It was originally planned that Bockarie would go to Libya to get "materiel" . However,

in Monrovia the plan was changed at Taylor's instruction and Taylor sent Bockarie to Burkina

Faso instead, as the materiel had been taken there.12012 From Monrovia, Taylor then sent

Bockarie, Kanneh, Rogers and Womandia on to Burkina Faso to receive the materiel. DAF

remained in Monrovia and whilst in Burkina Faso, Bockarie contacted DAF several times to

get updates on the frontlines in Sierra Leone. Bockarie and his delegation, accompanied by

Taylor's subordinate Musa Cisse, brought a large quantity or arms and ammunition back with

h R b I . 1A· 12013t em to 0 erts ntemationa irport.

5412. The Prosecution submits that in late November or early December 1998, AFRC/RUF

military commander Sam Bockarie returned from Liberia with unprecedented quantities of

ammunition, which had been flown from Burkina Faso to Roberts International Airport in

Liberia where Bockarie was waiting. It was unloaded by Taylor's personnel and then

Bockarie took it by truck from Liberia to the rebel 's stronghold in Kailahun, Sierra Leone .

Taylor was instrumental in this deal by putting the AFRC/RUF in contact with the Burkinabe

authorities, sending Musa Cisse to accompany Bockarie, and arranging the travel and delivery

of the weapons through Liberia's principal airport to AFRC /RUF territory. When Bockarie

returned to Sierra Leone from this trip, he informed his top commanders that the ammunition

would be used in an offensive planned with Taylor with the goal of taking Freetown and

freeing Foday Sankoh.1 2014 The Prosecution further submits that within days of this delivery,

RUF rebels using the said weaponry were able to launch a major attack on a number of

locations in Sierra Leone including Koidu Town (under the command of Issa Sesay) and

Makeni (where the RUF were joined by SLA and STF forces) and eventually Freetown,

attacks that were planned, facilitated and ordered by the Accused. 12015

5413 . The Prosecution further contends that upon Bockarie's return to Monrovia from

Burkina Faso, the arms and/or ammunition were taken to White Flower, where Taylor kept

some of this materiel and sent Jungle, Marzah and others with the remainder on to the

12011 Prosecution Final Trial Brief, para. 258.12012 Prosecution Final Trial Brief, para. 259, see also para. 169.12013 Prosecution Final Trial Brief, para. 259.12014 Prosecution Final Trial Brief, para. 9.

Case No.: SCSL-03-01-T1857.:« 18 May 2012

AFRC/RUF through Bong and Lofa Counties to Buedu.1201 6 The materiel brought from

Monrovia included AK-47s, G3s, RPG ammunitions, rockets and bombs, ammunition

including GMG ammunition, AK-47 rounds, bombs, grenades and mines.12017 The materiel

supplied by Taylor was critical to the success of the multi-axis nationwide operation, and was

used to capture Koidu Town and environs and other locations from which the attacking forces

were able to supplement their supplies by capturing more materiel. This in turn enabled them

to move to other targets and capture them, all along the Freetown axis and the Kenema axis.

Some ofthe materiel was used by Rambo Red Goat's fighters that attacked Freetown. 1201 8The

Prosecution relies on evidence from witnesses TFI-371, Dauda Arona Fornie, Issac Mongor,

Joseph Marzah, Albert Saidu, Augustine Mallah, Varmuyan Sherif, TFI-51 6, TFI-567, TFI­

338, Kannoh Kanneh, TFI-367, Mohamed Kabbah, Alimamy Bobson Sesay, Jabaty Jaward

and Abu Keita and Exhibits P-046, P-063, P-067, P-093, P-370, P-371, P-372, and P-373.

5414. The Defence does not dispute the "abundance of evidence that Bockarie and other key

figures in the RUF travelled to Burkina Faso in about November 1998 and that following the

trip, the RUF obtained a significant quantit y of arms and ammunition" . The Defence submits,

however, that "there is not enough corroborative or credible evidence here to conclude that

Taylor facilitated or assisted its acquisition".1 2019 The Defence submits further that In

November or December 1998, Ibrahim Bah hosted Sam Bockarie when he travelled to

Ouagadougou to meet with OAU Chairman Compaorel2020 and that Bockarie may also have

arranged an arms deal there. The Defence submits that the primary and official purpose ofthis

mission was to discuss the peace process in Sierra Leone with President Blaise Compaore,

then chairman of the OAU. From Burkina Faso, Bockarie, Bah and other RUF delegates

travelled on to Libyal2021 to request milita ry assistance from Col. Gaddafi.12022 In Libya,

Bockarie met with Gadaffi, who provided USD$ 50,000 in assistance to the RUF and on

returning from Libya, Bockarie passed through Burkina Faso and Monrovia. In early

120 15 Prosecution Final Tria l Brief, paras 10- 17.12016 Prosecution Final Tria l Brief, paras 260-26 1, see also para. 169.120 17 Prosecution Final Tria l Brief, para. 26 1.120 18 Prosecution Final Tria l Brief, para. 264.120 19 Defence Final Trial Brief, para. 1074.12020 The Defence argues in para. 1073 that an earlier plan by the RUF in April 1998 to secure arms andammunition from Burkinabe General Diendere with the help of Ibrahim Bah, failed when Issa Sesay lost thecollateral diamonds that were to be used to pay for the shipment.12021 Defence Final Trial Brief, paras 619, 1075.12022 Defence Final Trial Brief, para. 1073.

Case No.: SCSL-03 -01-T1858

/ 18 May 20 12

December, Bockarie arrived back in Buedu with arms and ammunition and the materiel was

put into the store near his house .

5415. The Defence further submits that while Bockarie's trip may have taken him through

Liberia, Burkina Faso and Libya and while he obtained arms and/or ammunitions on that trip,

the evidence is "not at all clear as to where exactly, and from which source, he obtained those

arms and/or ammunition", and that it is possible the supplies came from multiple sources ,

including from Libya, Burkina Faso and/or individuals in Liberia.12023 Furthermore, the

evidence regarding the quantity of the arms and ammunition obtained by Bockarie is

uncel1ain.12024 Lastly, while conceding that materiel obtained from Bockarie's trip to Burkina

Faso was used during the attack on Koidu Town in December 1998 and during the attack on

Kenema, the Defence submit that none of the materiel was distributed to the AFRC or RUF

forces in Koinadugu District. 12025 The Defence further submits that notwithstanding the

RUF's importation of arms and ammunition during the period November to December 1998,

the most significant source of arms and ammunition for the RUF during this period was from

sources within Sierra Leone, in particular from capturing weapons from ECOMOG at

locations such as Koidu Town, Kimberlite, Sewafe, Masingbi and Teko Barracks.12026 The

materiel captured by the RUF in its December 1998 offensive was used to secure further

targets during that period and not to aid or abet the commission of crimes. 12027 The Defence

relies on evidence of the Accused, Issa Sesay, Sam Kolleh, John Vincent, Fayia Musa, TF1­

168, TFI-338, Isaac Mongor, Abu Keita, Jabaty Jaward, Karmoh Kanneh, Albert Saidu,

Dennis Koker, and Exhibits 0-084, 0-393 and P_067.1 2028

Evidence

Prosecution Witness TFI-371

5416. Witness TFI-371 testified that Sam Bockarie made a major trip to Monrovia in

November or December 1998.12029 The witness stated that before the said trip, he attended a

12023 Defence Final Trial Brief, para. 1076.12024 Defence Final Trial Brief, para. 1077.12025 Defence Final Trial Brief, para. 1078.12026 Defence Final Trial Brief, paras 1068-1071.12027 Defence Final Trial Brief, para. 1071.12028 Defence Final Trial Brief, para. 1076.12029 TFI-371, Transcript 28 January 2008, p. 2402 (CS).

Case No.: SCSL-03-01-T1859

~18 May 2012

meeting at which Bockarie met with the witness, lssa Sesay, and Kallon12030 and expressed

that he was concerned with expanding the fighting to Kono especially after they suffered the

casualty after the aborted attempt of the Fitti-Fatta operation.12031 Bockarie told the meetin g

that he was plannin g to travel to Monrovia with Ibrahim Bah, Eddie Kanneh, SYB Rogers and

Lawrence Womandia to meet Taylor's chief of protocol, Musa Cisse and Mr Taylor. Bockari e

told the meeting that from Monrovia, the group was to proceed to Ouagadougou in Burkina

Faso where Ibrahim Bah was to assist them to get a shipment of ammunition for a major

attack.12032 The witness testified that Bockari e and his entourage return ed to Buedu two weeks

later, accompanied by Charles Taylor's securities (SSS) , namely Zigzag Marzah, Jungle,

Sampson and Christopher Vannoh (a.k.a. Liberian Mosquito). 12033

5417. Bockarie took Eddie Kanneh, SYB Rogers (a.k.a. Pa Rogers), and Lawrence

Womandia with him to Monrovia,1 2034 where they met with Musa Cisse who had organized a

flight for them to travel together with himself and Ibrahim Bah to Ouagadougou.12035 They

returned with a major consignment of anns, 12036 which was transported by plane from

Ougadougou to Roberts International Airport in Monrovia, from where it was deposited at

White Flower. Thereafter, the Accused ordered his bodyguard Yeaten to take "their supplies"

before the RUF was given its own supply, which was then escorted in long-eight-tyre trucks

from White Flower to Buedu 12037 by "Charles Taylor ' s securities" (SSS), namely Marzah,

Tamba, Sampson and Vannoh.12038

5418. The witness testi tied that Bockarie and his entourage return ed to Buedu two weeks

later,1 2039 "with truck loads of arms and ammuniti on" and a brown coloured new pick-up

Toyota Land Cruiser that Bockarie said the Accused had given to him .1 2040 They came back

with "plenty of boxes of AK-47 rounds and boxes of hand grenades, RPG bombs and machine

12030 TFI-37 1 does not specify which Kallon but from the context the Trial Chamber considers he is referring toMorris Kallon.

12031 TF l -371, Transcript 28 January 2008, p. 2402 (CS).12032 TF 1-371, Transcript 28 January 2008, pp. 2402-2403 (CS).12033 TF 1-371, Transcript 28 January 2008, p. 2405 (CS); Transcript 3 1 January 2008, p. 2750 (CS).12034 TF 1-371, Transcript 28-January 2008, p. 2403 (CS); Transc ript 31 January 2008, p. 2750 (CS).12035 TF l -37 1, Transcript 28 January 2008, p. 2403 (CS); Transcrip t 30 Janua ry 2008, p. 2643 (CS); Transcript

3 1 January 2008, pp. 2702 , 2726-2727 , 2750, 2762 (CS).12036 TF l-371, Transcript 3 1 January 2008, pp. 2703, 2750 (CS). The witness describes this as the second majorshipment that happened in November/December 1998.12037 TF l -37 1, Transcript 3 1 Janua ry 2008, pp. 2702-2703 ; Transcript 31 January 2008, pp. 2750, 2762 (CS).12038 TFl -37 1, Transcript 28 January 2008, p. 2405 (CS); Transcript 31 January 2008, p. 2750 (CS).12039 TFl-371, Transcript 28 January 2008, p. 2403 (CS).

Case No.: SCSL-03-0 I-T1860

~18 May 2012

jqqS3

guns, general machine guns, 50 calibre machine guns ammunitions" which were all offloaded

and stored in Bockarie's warehouse in Buedu .1 2041 Sam Bockarie also returned to Buedu with

$USD 17,000 which Bockarie said President Cornpaore gave to him "as a kind gesture... to

buy medication for the combatant". 12042

5419. On returning to Buedu, Bockarie convened a forum at Waterworks attended by the

witness, at which Bockarie and his entourage briefed the meeting about their mission. The

witness confirmed that Exhibit P-063 is a record of the minutes taken at this forum. 12043 TF 1­

371 testified that immediately after the forum documented in Exhibit P-063, Bockarie

convened another meeting of senior RUF and AFRC officers at which he launched 'Operation

No Living Thing', and distributed the materiel he had brought from Burkina Faso.12044 The

meeting was attended by senior RUF commanders including Issa Sesay, Morris Kallon, Peter

Vandi , Isaac Mongor, TFI-371 and AFRC commanders including Akim Turay, Gullit,

Leather Boot, Adams and others.12045 Bockarie told the meeting that he now had sufficient

ammunition for the attack on Kenema Town , Koidu Town and Freetown to be known as

'Operation No living Thing' which operation was intended to capture Freetown and to force

the government to negotiate with the rebels. 12046 Bockarie also brought a map and explained

to the commanders the two pronged approach they were to take in order to capture Freetown.

Issa Sesay and Kallon who were to lead the first flank were given the mission to attack Koidu,

Makeni, Lunsar and to meet the second flank at Masiaka. Akim Turay and Momoh Rogers

who were to lead the second flank, were to attack Kenema, Bo and then move to Masiaka.

After capturing Masiaka, the combined forces were to attack Waterloo and then enter

Freetown. 12047

5420. Halfway through this meeting, several commanders went to have lunch in Bockarie's

bedroom at which point Bockarie went outside to talk on his satellite phone for 10 to 15

minutes. Bockarie entered his bedroom in excitement and told the attendees that he had been

12040 TFI-3 71, Transcript 28 January 2008, p. 2404-2405 (CS). The witness describ ed the trucks that carried theshipment as " long, long, eight tyred trucks". TFI-371, Transcript 28 January 2008, p. 2702 (CS).

1204 1 TFI-371, Transcript 28 January 2008, pp. 2404-2405 , 2415 (CS); Transcript 31 January 2008, p. 2761 (CS).The witness also testified that the major substantial amount of support from the Accused came aroundNovember to December 1998. TFI-371 , Transcript 28 January 2008 , p. 2671 (CS).

12042 TFI-371, Transcript 31 January 2008, pp. 2761-2762 (CS).12043 TFI-371, Transcript 28 January 2008, pp. 2405-2410 (CS) .12044 TFI-371, Transcript 28 January 2008, pp. 2410-2414 (CS).12045 TFI-371, Transcript 28 January 2008, pp. 2405, 2410-2411 (CS).12046 TFI-371, Transcript 28 January 2008, p. 2411 (CS).12047 TFI-371, Transcript 28 January 2008, p. 2411.

Case No.: SCSL-03-01-T18~

18 May 20 12

talking to the Pa, Mr Taylor , who had instructed him to inform his commanders to undertake

"Operation No Living Thing" and by all means capture Freetown so as to force the

Government into negotiations; and that any commander who disobeyed that instruction was to

be executed. Bockarie also stated that "he didn 't want anyone to misuse those materials that

he had... brought because it was extremely difficult for him to get and he had to give

account".12048

5421. After the meeting, Bockarie ordered the S4 to distribute the materiel that he had

brought back from Monrovia amongst the various RUF commanders.12049 Commander Akim

Turay from Tongo Field was given some materiel and was asked to link up with Momoh

Rogers to attack Kenema and also asked the Scorpion Unit led by Abu Keita and other men

led by Sekou to link up with the group in Segbwema and capture Kenem a.12050 The next day

when Issa Sesay and Morris Kallon left for Koidu , Bockarie gave them the bulk of materiel

brought from Monrovia to be used to capture Koidu.1 2051 First the arms and ammunition were

transported by trucks , and when they came to the Moa River, Augustine Gbao instructed the

G5 Commander to order civilians living in Kailahun Town and the surrounding villages to

carry it the rest of the way on their heads in tins. The witness escorted the arms and

ammunition as far as the Moa River. 12052 The witness testified that there were 30 boxes of

materiel , weighing 200-250kg each. 12053

5422. TFl-371 stated in cross-examination that the arms and ammunition that Bockarie

brought from Burkina Faso through Liberia in November/December 1998 were the arms that

were used to launch an attack on Kono in December 1998,12054 and on Freetown in January

1999.12055

12048 TFI-371, Transcript 28 January 2008, pp. 2413-24 14 (CS). The witness explained the words "anyonestanding in the way" to include civilians, fighters , enemy forces.12049 TFI-371, Transcript 28 January 2008, pp. 24 13 -24 14 (CS).12050 TF I-37 1, Transcript 28 January 2008, pp. 2414-24 15 (CS).12051 TF I-37 1, Transcript 28 January 2008, p. 24 16 (CS).12052 TF I-37 1, Transcript 31 January 2008, pp. 24 16-24 17 (CS).12053 TF I-37 1, Transcript 31 January 2008 , pp. 24 18-24 19 (CS).12054 TFI -371, Transcript 31 January 2008, p. 2753 (CS)12055 TFl-371, Transcript 31 January 2008, pp. 2761-2762 (CS). In cross-examination, the witness stated thatSam Bockarie brought back from Burkina Faso a consignment of arms and $17,000 . That trip was facilitatedfrom Monrovia by Mr Taylor's protocol Musa Cisse who was on board the flight. The materiel was depositedfirst at the White Flower before Sam Bockarie was escorted by Taylor's securities to bring the consignment ofthe RUF.

Case No.: SCSL-03-0 1-T 18 May 20 12

5423 . TFI-371 testified that Bockarie paid Taylor for the shipment with parcels of diamonds

that Bockarie brought to Taylor over the course of multiple trips to Monrovia.1 2056 The

Defence repeatedly confronted the witness as to whether this shipment was paid for as part of

the Magburaka deal struck by the Junta government in around October 1997. However, the

. dl . . d h . 1"057witness repeate y insiste t at It was not. ~

Prosecution Witness Dauda Aruna Fornie

5424. Witness Dauda Aruna Fornie, an RUF radio operator, testified that on 19 December

1998 he accompanied Bockarie, Rashid, SYB Rogers, Eddie Kanneh, Shabado and other

people whom he was unable to recall on a trip to Monrovia. 12058

5425. Prior to their departure from Buedu, Bockarie told the witness that he had held

discussions with Benjamin Yeaten, in which it was intended that Bockarie would travel to

Libya to secure ammunition.1 2059 However, upon their arrival in Monrovia, the plan changed

and the trip was instead diverted to Ouagadougou, Burkina Faso , for reasons unknown to the

witness. 12060 Bockarie told the witness after their arrival in Monrovia that the the Papay/CIC

Taylor had said that the ammunition had been brought to Burkina Faso where Bockarie was to

d .. 12061go an receive It.

5426. Fornie stated that Bockarie and his groupl2062remained in Monrovia for up to 72 hours

prior to departing for Burkina Faso. During this time, Bockarie left for long periods, including

overnight, with Yeaten.12063 Sometimes when they would return, Bockarie would tell the

witness that they had briefly met with "the Papay". 12064

5427. Fornie testified that he was taken on this trip to act as a radio operator for Bockarie in

Monrovia while he was abroad. When Bockarie, Kanneh and SYB Rogers travelled to

Burkina Faso, Fornie remained at Base 1, the radio station at Yeaten's residence In

12056 TFl-371, Transcript 31 January 2008, pp. 2728-2731 (CS).12057 TFl-371, Transcript 31 January 2008, pp. 2728-2772 (CS).12058 Dauda Arona Fomie, Transcript 2 December 2008, p. 21530; Transcript 3 December 2008, pp. 21542,

21545.11059 Dauda Aruna Fomie, Transcript 3 December 2008, pp. 21542-21544 .12060 Dauda Arona Fornie , Transcript 3 December 2008, p. 21545 .12061 Dauda Arona Fomie, Transcript 3 December 2008 , pp. 21542-21543; Transcript 10 December 2008, pp.

22078-22079.12062 The group included the witness, Rashid, Shabado and some of Bockaries bodyguards with whom hetravelled.12063 Dauda Aruna Fornie, Transcript 3 December 2008, p. 21545 .

Case No.: SCSL-03 -01-T -~1863

/ 18 May 2012

,~

Monrovia.1 2065 Whil e there, he collected information from the vario us RUF front lines and

passed this information to Bockarie via telephone.12066 The witness testified that when

Bockarie arrived in Ouaugadougou he call ed on the telephone and spoke with Sunlight,

Benjamin Yeaten 's radio operator, and Sunlight called the witness to the phone so that

Bockarie could speak to him directly.1 2067 Forni e further test ified that he personally spoke

with Bockarie about three times on the telephone while he was there.1 2068 Bockarie told the

witness over the telephone that they had met with President Compaore.1 2069

5428. Fornie testified that Bockarie and his group returned to Monrovia from Ouagadougou

at night about one week later.12070 The next day in the evening, Bockarie came with Eddie

Kanneh and General Ibrahim 12071 to Base 1, Yeaten ' s radio station, where they met the

witness.12072 At Base I, Bockarie call ed Issa Sesay on the radi o and then instructed the

witness to send a message to the front-line to "some of the commanders" to come and meet

him in Buedu.1 2073 Whil e in the radio room, the witness heard Bockarie, Eddie Kanneh and

Benjamin Yeaten discussing that Kono and To ngo were the first targets to be hit with the

ammunition that Bockarie (a.k.a. Mosquito) had brought back from Burkina Faso .12074

5429. On the same day, at around 7:30 to 8pm, Fornie, Bockarie, Rashid and SY B Rogers

departed in two jeeps from Yeaten 's residence to return to Sierra Leon e. 12075 On the outskirts

of Monrovia, tow ards Kakata, the convoy was joined by two large trucks loaded with

"amm unition of different types", morale boosters, fuel, rice and oth er condiments. Zigzag

Marzah, Jungle and Bockarie's security guards were with the truckS.12076 Bockarie told the

12064 Dauda Aruna Fornie, Transcri pt 3 December 2008 , p. 2 1545.11065 Dauda Aruna Fornie, Transcript 3 December 2008 , p. 2 1545.12066 Dauda Aruna Fornie, Transcript 3 December 2008, pp. 2 1544, 2 1546-2 1547.12067 Dauda Aruna Fornie, Tra nscript 2 December 2008, p. 2 1441; Tran script 3 December 2008, pp. 2 1544-

2 1545.12068 Dauda Aruna Forn ie, Transcript 3 Decemb er 2008, p. 2 1546.11069 Dauda Aruna Fornie, Transcript 10 Decemb er 2008, p. 22077 .11070 Dauda Aruna Fornie, Transcript 3 December 2008 , p. 2 1547 .11071 The witness described Genera l Ibrahim as a Gambian who used to help Foday Sankoh coordinate the RUFaffairs outside of Sierra Leone since 1996 before the Abidjan Accord. Genera l Ibrahim also used to talk toMosquito sometime on the satellite phone, he used to coordinate things for the RUF, sometimes with CharlesTaylor, sometimes in Burkina Faso or Libya.12072 Dauda Aruna Fornie, Tran script 3 December 2008, p. 2 1547.12073 Dauda Aruna Fornie, Transcript 3 December 2008 , p. 2 1547.12074 Dauda Aruna Forn ie, Transcript 3 December 2008, p. 2 1549 .12075 Dauda Aruna Fomie, Transcript 3 December 2008 , pp. 2 1549-2 1550.11076 Dauda Aruna Fornie, Transcript 3 December 2008, pp. 2 1550-2 1551.

Case No.: SCSL-03-0 1-T1864

/ 18 May 20 12

witness that the trucks had been loaded at Roberts Intemational Airport. 12077 The jeeps and the

k h d . di 1 B d 12078true s t en move In a convoy irect y to ue u.

5430. Fomie further testified that upon arrival at Buedu, Bockarie met with vanous

commanders he had sent for, including Isaac Mongol', Saddam, Eagle, Akim Turay and Issa

Sesay to strategize how they could successfully and without delay attack Kono and Tongo.

Fomie was not present during these discussions and said that his knowledge of the meeting

was based on a message that he had read from a book found in Bravo Zulu 4, Bockarie's radio

station, calling the commanders to "hasten and come for the meeting".12079

5431 . After the meeting, Bockarie distributed the ammunition among the various front-line

commanders. Some of the ammunition he sent toward a target in Njama, which is in Kenema,

some of it went "to Eagle and others in their defensive area", but most of it was sent with Issa

Sesay towards Kono and Tongo.12080 Bockarie also distributed supplies, "morale boosters"

including alcohol , rice, fuel and condiments, which they had also brought back with them and

marijuana.12081 The Commanders then left for their respective areas of responsibility with Issa

organizing his men to launch an immediate attack on Kono, Akim and others heading toward

Tongo, Isaac Monger toward the Njama area. The witness was in Buedu where there was a

general all-out attack on the frontlines in the Kono and Kenema Districts that commenced on

about 15 to 20 December 1998.1 2082 Fomie explained that this was the attack that led to the

capture of Kono and Makeni and during which Gullit and others went ahead to Waterloo and

finally up to Freetown on 6 January 1999.12083 Fomie also testified that when Kono fell to the

RUF, Bockarie called Yeaten (a.k .a. 50) on his satellite phone to give him the good news.12084

Prosecution Witness Isaac Mongol'

12077 Dauda Aruna Fornie , Transcript 3 December 2008. pp. 21551-21552.12078 Dauda Aruna Fornie, Transcript 3 December 2008. pp. 2 1551-21552. The witness stated that initially, from

Benjamin Yeaten 's house, the witness was in the same jeep asSam Bockarie but when they met thetrucks at the outskirts of Monrovia, the witness was transferred to the truck and Zigzag Marzah drove inthe same jeep as Sam Bockarie as they moved to Buedu .

12079 Dauda Aruna Fornie , Transcript 3 December 2008, pp. 21552-21554.12080 Dauda Aruna Fornie , Transcript 3 December 2008. pp. 2 1552-21553.1208 1 Dauda Aruna Fornie , Transcript 3 December 2008 , pp. 21554-21555.12082 Dauda Aruna Fornie, Transcript 3 December 2008 , pp. 21554-21555.12083 Dauda Aruna Fornie, Transcript 3 December 2008, p. 21555.12084 Dauda Aruna Fomie, Transcript 3 December 2008. p. 21556.

Case No.: SCSL-03-0 1-T1865

~18 May 20 12

5432. Witness Isaac Mongor testified that in November 1998,12085 Sam Bockarie summoned

him to Buedu to discuss a disagreement between Bockarie and Denis Mingo (a.k.a.

Superman). While he was there, Bockarie expressed concern that the RUF was running out of

ammunition to go on offensive or even defend themselves and summoned all the commanders

that were in Buedu, including the witness, Daniel Tamba (a.k.a. Colonel Jungle) ,1 2086 an SLA

named Sambebe and SYB Rogers (a.k.a. Pa Rogers), to a meeting at Waterworks to discuss

the issue and come up with a solution.12087 The meeting requested the Adjutant Rashid Sandy

to write a letter on their behalf to the Accused requesting him to assist them get ammunition

because they "did not have enough ammunition to again to continue our offensive, or to fight ,

or to even defend our areas ..." . Sandy wrote the letter and read it out to the meeting. The

meeting then asked Colonel Jungle to take the letter to Mr Taylor. 12088 Jungle took the letter to

the Accused, and three days later Bockarie told the witness that he had received a call from

Taylor asking him to go to Monrovia himself and that during his absence he was leaving Issa

Sesay in charge of Buedu and the witness in charge of Pendembu.1 2089 Bockarie also told the

witness that he was not going alone to Monrovia and that Rashid Sandy, SYB Rogers,

Lawrence Womandia, and Eddie Kanneh were to accompany him on the journey. 12090 Mongor

testified that Bockarie took some diamonds to Liberia which he used to pay for the

ammunition and which he left with Mr Taylor. 12091 When Bockarie returned from Monrovia

in November 1998, he summoned all the commanders including Mongor to Buedu. 12092 On

arrival, Mongor met Bockarie in a room in his house and an excited Bockarie explained that

as a result of the invitation from Mr Taylor, he had brought a lot of ammunition, food and

medicine. Bockarie showed Mongor the boxes of ammunition which had been stacked from

the floor up to the ceiling in stacks that were about 2.5 to 3 meters high, and were stored in a

room inside Bockarie's house and told him that there were more than 100 boxes of different

12085 Isaac Mongor, Transcript II March 2008, p. 5783.12086 Isaac Mongor, Transcript II March 2008, pp. 5783-5786. Mongor stated that ' Jungle ' , a member of theExecutive Mansion Guard or SSS in Liberia, was also based in Buedu and was acting as a liaison between theRUF and the NPFL, responsible for ferrying arms and ammunition from Taylor to the RUF.12087 Isaac Mongor, Transcript II March 2008, p. 5782.12088 Isaac Mongor, Transcript II March 2008, pp. 5776-578 1.12089 Isaac Mongor, Transcript II March 2008, p. 5782.12090 Isaac Mongor, Transcript II March 2008, pp. 5781-5783.12091 Isaac Mongor, Transcript II March 2008, pp. 5793-5794.12092 Isaac Monger, Transcript II March 2008, pp. 5789 -5790 .

Case No.: SCSL-03-01-T 18 May 20 12

kinds of ammunition and included AK, RPG, and GMG rounds.12093 Prior to this , Mongor had

not seen "any ammunition that could be up to that quantity". 12094

5433. Bockarie also told Mongor that Mr Taylor had connected them with the President of

Burkina Faso and that as a result, Bockarie had gone with SYB Rogers to Burkina Faso where

they had made arrangements to buy ammunition from there .1 2095 Bockarie also showed

Mongor the photographs which he had taken with SYB Rogers at a hotel they lodged ill

Burkina Faso .1 2096

5434. After Bockarie showed the ammunition to Mongor, he told Mongor that he sat with

Mr Taylor in Monrovia and looked at a map to see which locations the RUF and SLAs

occupied, and then together they planned an operation to capture Kono and Makeni and

advance to Freetown. They were also planning to attack Joru and Kenema. Bockarie and

Taylor wanted either Mongor or Denis Mingo (a.k.a. Superman) to attack Joru , because they

were both former NPFL fighters . Because Superman was located far away from Buedu in the

Koinadugu District, they decided that Mongor would attack Joru and then advance on Zimmi,

where he would receive NPFL fighters coming from Liberia to reinforce the operation.1 2097

Bockarie told Mongor that the ultimate objective of the operation was to capture Freetown in

order to release Foday Sankoh and the others from prison and ultimately to seize power. 12098

Bockarie told the witness that Taylor advised that during the attack they should not waste

ammunition and that they should "make the operation be more fearful than in all the other

operations" they had undertaken so that they take Freetown and hold on to power. 12099

5435. The next morning, Bockarie held a meeting in Buedu of senior RUF and AFRCl 2100

commanders, including Mongor, SYB Rogers, Mike Lamin, Eddie Kanneh, Leather Boot ,

Akim Turay, 'Monkey Brown' , Issa Sesay, Augustine Gbao , Morris Kallon and other

commanders from other places, during which Bockarie briefed them about his trip , showed

them the ammunition he had brought from his mission to Liberia and Burkina Faso and told

12093 Isaac Mongor, Transcript 11 March 2008, pp. 5790-5791.12094 Isaac Mongor, Transcript 11 March 2008, pp. 5789-5795.12095 Isaac Mongor, Transcript 11 March 2008, pp. 5793-5794.12096 Isaac Mongor, Transcript 11 March 2008, p. 5794.12097 Isaac Mongor, Transcript 11 March 2008, pp. 5795-5796.12098 Isaac Mongor, Transcript 11 March 2008, p. 5796.12099 Isaac Mongor, Transcript 11 March 2008, pp. 5795-5798.12100 Isaac Mongor, Transcript 11 March 2008, pp. 5797-5798. Mongor explained that Eddie Kanneh, LeatherBoot and Akim Turay were former SLA or AFRC members.

Case No.: SCSL-03-0 I-T1867

~ 18 May 20 12

h . h . c. PIOI MI' d hthem about t e operation t ey were supposed to use It ror. - ongor exp arne t at

Commanders Superman and SAJ Musa whose forces were in Koinadugu District in the

northern jungle, neither attended the meeting nor received any share of the ammunition as

they were strategically 'cut off from the others by the ECOMOG and Kamajor forces based

in Koidu Town. How ever, at this meeting it was agreed that Bockarie would communicate

with them by radio and involve them in the operation. 121 02

5436. After the meeting, Bockarie distributed the ammunition amongst the vanous

commanders and sent them to carry out the operation. Mongor received 15 boxes of AK

rounds, six boxes of RPG and five boxes of GMG rounds which he used to attack and capture

Joru. He testified that while waiting for the NPFL reinforcement at Joru , ECOMOG forces

pushed him out of Joru.121 03

Prosecution Witness Jos eph Marzah (a.k.a. Zigzag)

5437. Witness Joseph Marzah (a.k.a. Zigzag), a former NPFL member and a member of the

Special Security Service (SSS) at the Executive Mansion in Liberia, testified that he was

accustomed to carrying diamonds from the RUF in Sierra Leone to Charles Taylor in

exchange for ammunition and that he did so over 10 to 15 times. 121 04 Marzah testified that on

one occasion on a date he does not remember,1 21 05 he presented Taylor with a jar of diamonds

he brought from Issa Sesay. Taylor, who was overjoyed with the diamonds, called Musa

Cisse, his chief of protocol and said "the boys were doing extremely well" , "it will be better if

I do a recommendation for him and you go to Burkina Faso and sign for ammunition for

himself'. 12106 Marzah stated that later, Bockarie, Eddie Kanneh, Mike Lamin, and Musa Cisse

left and came back 12 days later with pictures of where they slept. Marzah was later at a club

with them when Bockarie received a call on his Thuraya satellite phone to return to White

Flower. When the y arrived there Bockarie was told that his "materials" and "ammo" had

arrived . They went to Roberts Airport to receive the Russian cargo plane which was so full of

11101 Isaac Mongor , Transcript 11 March 2008, pp . 5797-5 798.11102 Isaac Mongor, Transcript 11 March 2008, pp . 5799 -580 I.12 103 Isaac Mongor, Transcript 11 March 2008, pp. 5801-5804. Each box of AK round s contained "two pans andpackets inside the pans" .12104 Joseph Marzah, Transcrip t 12 March 2008, p. 5878.12105 Joseph Marzah, Transcript 12 March 2008, p. 5893.12106 Joseph Marzah, Transcript 12 March 2008, p. 5884.

Case No .: SCSL-0 3-0 1-T1868

/ -ciA 18 May 20 12

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ammunition that they could not take everything to Monrovia that night. The Accused assigned

trucks to transport the ammunition from the airport. 1210?

5438 . Marzah testified he thought that after the ammunition arrived, after two days in the

city, he, Eddie Kanneh, Bockarie, Mike Lamin and their bodyguards took off from White

Flower the following night and drove to Buedu with one shipment of the arms and

ammunition they had unloaded from the plane. After the first trip, Marzah made about four or

five additional trips taking the rest of the ammunition to Sierra Leone. 121 08

Prosecution Witness Albert Saidu

5439 . Witness Albert Saidu, an RUF member, testified that around early November 1998, he

attended a meeting for front line commanders, adjutants and clerks, including CO Eagle,

Superman, Hi-Rash, Augustine Gbao and front-line commanders from the various areas.

Bockarie told them that the reports from the front lines like Koidu were serious, they could

not attack Kono because they had run out of ammunition and that "it look[ ed] like he himself

should go . . . and meet Charles Taylor to explain to him that that was the situation on the

ground" and to "explain to him what the pressure was" .1 2109

5440. Saidu further testified that in 1998 before the major attack on Kono ,1211 0 prior to

Bockarie's trip, the witness visited Sam Bockarie at Bockarie's house in Buedu and told

Bockarie how the RUF was struggling to defeat the Guinean forces in Koidu. Bockarie

showed the witness diamonds wrapped in a "white paper" and told him to be patient because

very soon he, Bockarie, was going to take those diamonds to ' the Father' (meaning Charles

Taylor) in order to secure materials (i.e. arms and ammunition) for the RUF to launch a major

offensive on ECOMOG and to capture Kono.12111

5441 . Saidu was promoted around November 1998, when Sam Bockarie travelled to Liberia,

leaving Issa Sesay in command.12112 When Bockarie returned, Saidu was fighting in Koidu

when Bockarie convened another forum at Waterworks in Buedu. Saidu could not attend the

12107 Joseph Marzah, Transcript 12 March 2008, pp. 5878-5 885; Transcript 14 March 2008, pp. 6109-6111,6117-6119.

'21 08Joseph Marzah, Transcript 12 March 2008, pp. 5889-5891 , 5911-5912.

121 0'1 Albert Saidu, Transcript 5 June 2008, pp. 11064, 11066-10068.1211 0 Albert Saidu, Tran script 5 June 2008, p. 11075.12111 Albert Saidu, Transcript 5 June 2008, pp. 11071-11072,11075 .1211 2 Albert Saidu, Transcript 6 June 2008, pp. 11205-11207.

1869Case No.: SCSL-03-01-T 18 May 2012

meeting due to pressure from the enemies in Koidu .12113 However , Saidu travell ed to Buedu a

day later and spoke with Bockarie's bodyguards, Ray, Shabado and others who told him that

Bockarie and Eddie Kanneh had returned from Liberia with a lot of ammunition and that all

of the front line commanders and senior Vanguards including Bockarie, Eddie Kanneh , CO

Jungle, Ibrahim Bah, Abu Keita, SYB Rogers , Morris Kallon , Issa Sesay and "some other

Liberians" had attended the Waterworks meeting.l"!" The witness was told that Bockarie and

Eddie Kanneh went to see the Accused in Liberia and had later crossed to Burkina Faso, then

returned to Sierra Leone through Liberia.12115 Saidu was further told that a war plan was

drawn during the meeting to attack Kono, and the Bunumbu-Segbwema axis

simultaneously.V'{" According to the war plan, the first brigade led by Tamba and Abu Keita

was to attack Bunumbu-Segbwema, located in Kenema. The second brigade led by Issa

Sesay, Denis Mingo and PB Vandy was to attack Koidu Town, the main town of Kono

District. 121 17

Prosecution Witness TFI-567

5442 . Witness TFI-567, an RUF member,1 211 8 testified that In September 1998 he was

assigned to work under Issa Sesay in the 2nd Brigade at ' Superman Ground ' in

Koinadugu.1211 9 While there, in October/November 1998, the witness accompanied Issa Sesay

from Koinadugu to Buedu to meet Bockarie who told them that he was travelling to Liberia to

meet Charles Taylor and ask for his assistance to recapture Koidu Town, and was leaving

Sesay in charge of the RUF.1 21 20 In December 1998, Bockarie returned to Buedu12121 with a

pick-up truck carrying "lots of ammunition", RPG bombs, AK rounds, GPMG rounds , guns,

camouflage "meaning combat clothes", and other things that the witness could not recall.

Bockarie said that Charles Taylor had told him that they should capture Kono and the other

mining areas so that they would be able to get diamonds and hence more arms and

ammunition.1 21 22 Bockarie handed over the arms and ammunition to Issa Sesay and tasked

121 1.1 Albert Saidu, Transcript 5 June 2008, p. 11083.12114 Albert Saidu, Transcript 5 June 2008, pp. 11 081-11085.12115 Albert Saidu, Transcript 5 June 2008, pp. 11082-11083.12116 Albert Saidu, Transcript 5 June 2008, pp. 11081-11085 .12117 Albert Saidu, Transcript 5 June 2008, pp. 11085-11087 , 11091.12118 TF 1-567, Transcript 2 July 2008, p. 12833 (PS).12119 TF 1-567, Transcript 2 July 2008, p. 12908.12120 TFI-567, Transcript 2 July 2008, pp. 12912-12913.12121 TFI -567, Transcript 2 July 2008, p. 12915.12122 TF I-567, Transcript 2 July 2008, pp. 12912-12913,1 2915.

Case No.: SCSL-03-01-T 18 May 20 12

him with organizing commanders to tight and capture Kono and other areas.121 23 Bockarie

captured civilians from around Buedu who carried the anns and ammunition back to

Superman Ground. 121 24

5443. At Superman Ground, the witness attended a meeting convened by lssa Sesay and

attended by RUF and AFRC commanders including Morris Kallon, Akim Turay, Banya,

Boston Flomo (a.k.a. Rambo), Gassam Mansaray and others, at which Sesay explained that

Bockarie had brought back a lot of arms and ammunition from Liberia for them to capture

Koidu Town and other mining areas and that Charles Taylor told Bockarie that he would no

longer supply them with arrns and ammunition if the RUF /AFRC did not recapture the mining

areas .1 21 25 Sesay organized the commanders and assigned them areas to attack. Boston Flomo

was to lead the attack on Koidu Town and in particular Five-Five spot where ECOMOG was

based; Akim Turay was to attack Tongo field, while Morris Kallon was to attack

GoItown.121 26 After the meeting, Sesay distributed the arms and ammunition. In December

1998, the 2nd Brigade forces under Sesay's command successfully overran Koidu Town

capturing many arms and ammunition and ECOMOG soldiers who were then taken to

Buedu.12127

Prosecution Witness Augustine Mallah

5444. Witness Augustine Mallah, an RUF member, testified that in late 1998, he attended a

routine meeting of senior officers and men at Sam Bockarie's residence in Buedu, at which

Bockarie said that he was tired of all of them being confined to Kailahun District and that he

would go to Liberia from the Accused and to see whether they could get their needs met.121 28

Mallah estimated that Bockarie left for Liberia in 1999,12129 and said that when Bockarie

returned he summoned representatives from all deployment areas around Kailahun and Kono

Districts for a meeting in Buedu. 12130 The witness, who was stationed in Baiima, represented

12123 TFl -567, Transcript 2 July 2008, p. 12913.12124 TFl -567, Transcript 2 July 2008, p. 12913.12125 TFl -567, Transcript 2 July 2008 , p. 12913.12126 TFl -567, Transcript 2 July 2008, pp. 12914-12916.12127 TFl -567, Transcript 2 July 2008, p. 12917.12118 Augustine Mallah, Transcript 13 November 2008, p. 20217.12119 Augustine Mallah, Transcript 13 November 2008, p. 20218 .12130 Augustine Mallah, Tran script 13 November 2008, p. 20218.

Case No.: SCSL-03-01-T 187~ 18 May 20 12

3qqb4-

his area along with Major Kailondo and Major Lamin l213 1at the meeting which was attended

by over 60 to 80 RUF/AFRC delegates including civilians and Liberian fighters. 12132

5445 . Bockarie told the meeting that he had returned from Liberia where Charles Taylor had

given him arms, ammunition and that he brought Liberian reinforcements led by Abu

Keita,12133 so that they could fight ECOMOG in an operation called 'Operation Free

Sankoh' .1 2134 After that meeting, the witness attended a second meeting for 35 to 40 senior

officers at Waterworks where Bockarie told them that they now had everything that they

required to tight.12135 Bockarie also announced that he himself had planned and called

'Operation Spare No Soul', which meant that the fighters were to kill anyone they saw in

order to attract the attention of the international "committee,,1 21 36 and demand that Foday

Sankoh be freed. 121 37

5446 . After the meeting, Bockarie distributed the arms, ammunition, medicine and Liberian

reinforcements to the various commanders to whom he also assigned areas of attack. The l SI

brigade including Mallah, Manawai, 'Eagle' and CO Denis (a.k.a. Monkey Brown), the 151

Brigade commander, were to attack Bunumbu, Segbwema, Daru, Tondola, Bendu Junction,

Jomukafebu, Kumbema up to Kenema. Issa Sesay and Morris Kallon were to attack Kono and

then advance to Makeni. AFRC members Akim Turay, Soriba and others were to join

Superman and attack Tongo.121 38 Mallah participated in "Operation Spare No Soul" where the

RUF/AFRC killed civilians and burnt villages in accordance with Bockarie's orders. 12139

Prosecution Witness Varmuyan Sherif

5447. Witness Varmuyan Sherif testified that sometime In late 1998 and pnor to the

Freetown attack in January 1999, he saw Sam Bockarie at Roberts International Airport in

12131 Major Lamin was an AFRC soldier (Augustine Mallah, Transcript 13 November 2008, p. 20218).12 132 Augustine Mallah, Transcript 13 November 2008, pp. 20217 -20218 . The witness explained that the Liberian

reinforcements sent with Abu Keita also attended this meeting12 133 Abu Keita was a former ULIMO commander from Liberia (Augustine Mallah, Transcript 13 November2008, p. 202 19).12134 Augustine Mallah, Transcript 13 November 2008 , p. 202 19.12135 Augustine Mallah, Transcript 13 November 2008, pp. 20217-20220.12 136 The witness used the term "committee" throughout this portion of his evidence. He explained he meantECOMOG who kept the peace and international observers. Augu stine Mallah , Transcript 13 November 2008 ,pp. 20227-20228.

1213 7 Augustine Mallah, Transcript 13 November 2008, pp. 20220-20221.1213 8 Augustine Mallah, Transcript 13 November 2008, pp . 20220 -20224.12139 Augustine Mallah, Transcript 13 November 2008, p. 20224.

Case No .: SCSL -03 -01-T 18 May 2012

Margibi County Liberia, which is located far away from Monrovial 21 40 On this occasion, Mr

Taylor had instructed Sherif, then working as Assistant Director for Operations, Special

Security Service (SSS) at the Executive Mansion in Monrovia ,1 2141 and Paul Molrbah, the

police director who was responsible for recei ving all arms and ammunition, to go to Roberts

International Airport to receive the arms and ammunition that were expected to arrive by

air. 12142 On arrival at RIA , Sherif saw Bockarie, Musa Cisse,1 21 43 and Joe Tuah,1 2144 seated at

Martina Johnson ' s restaurantl 2145 discussing what "quantities" of ammunition they would

each receive. Morlbah told them that his instructions were not to distribute any ammunition at

the airport but rather to first take all the ammunition to White Flower from where it would be

distributed by Mr Taylor himself.1 2146 Sherif did not know the quantity of arms and

ammunition delivered but he drove behind Paul Morlbah as they escorted the cargo to White

Flower.12147 Sherif also testified that once the arms and ammunition were stored at White

Flower, Charles Taylor himself was in charge of the warehouse and strictly controlled who

had access to the arms and ammunition in the warehouse and in what amounts.12148

Prosecution Witness TF 1-338

5448 . Witness TF 1-338, an RUF member, testifi ed that in December 1998 he attended a

meeting convened by Sam Bockarie at Waterworks in Buedu and that this was the last

meeting Bockarie convened before the RUF captured Kono,12149 At the meeting, the witness

saw General Ibrahim Bahl 21 50 and heard Bockarie state that it was General Ibrahim Bah who

had helped to connect Bockarie to Charles Tayl or who in tum connected him with Blaise

Cornpaore in Burkina Faso to be able to obtain arm s and ammunition.12 15 1

12140 Varmuyan Sherif, Transcript 9 January 2008, pp. 825-826, 867, 870.12141 Varmuyan Sherif, Transcript, 9 January 2008, pp. 806, 820, 834, 836; Transcript 10 January 2008, pp. 940,986-987.12142 Varmuyan Sherif, Transcript 9 January 2008, p. 868.12143 Although the transcript lists "Musa Sesay", the witness explained that he was Tay lor's Chief of Protocol.The Trial Chamber is therefore satisfied that the witness referred to Musa Cisse.12144 The witness explained that Joe Tuah was Assistant Director of Intelligence in Tay lor's Security Services.12145 The witness explained that Martina Johnson was a Security Director at Roberts International Airport, whoalso owned a restaurant behind the airport.12146 Varmuyan Sherif, Transcript 9 January 2008, pp. 868-869 .12147 Varmuyan Sherif, Transcript 9 January 2008 , p. 869.12 148 Varmuyan Sherif, Transcript 9 January 2008, p. 869 . Sherif explained that Taylor 's staff at the warehousewould only hand out materials in accordance with Taylor's instructions .12149 TF 1-338, Transcript 3 September 2008, p. 15295.12150 The witness explained that General Ibrahim Bah was a Gambian arms dealer that regularly assisted the RUFto obtain arms and ammuniti on during the conflict (TF 1-338, Transcript 3 September 2008 , p. 15298).12151 TF I-338, Transcript 3 September 2008, p. 15295.

Case No.: SCSL-03-01 -T 18 May 20 12

Prosecution Witnes s TFl-516

5449 . Witness TFl-516, an RUF radio operator, testified that In around

November/December 1998, just prior to the Kono operation, Sam Bockarie returned from

Liberia to Buedu with a 'ten-tyre truck ' loaded with ammunition, specifically AK rounds,

RPG bombs, and GMG rounds.121 52

Prosecution Witness Karmoh Kanneh

5450. Witness Karmoh Kanneh (a.k.a. Eagle), a senior RUF commander,1 2153 testified that

Sam Bockarie sent a message on the radio calling for frontline commanders including the

witness to a meeting at which he told them that he was travelling to Burkina Faso . Bockarie

spent about a month away before he returned to Buedu in mid-December 1998. Bockarie

brought back a lot of 'materials ' including AK-47s, AK-47 rounds, G3s, hand grenades,

mines, RPG rockets and tubes , G3 rounds, bombs, hand grenades, mines, combat fatigues,

boots and other items , all of which were stored in an "ammo dump" close to his house on

Buedu Road .1 21 54 Kanneh was not present when Bockarie returned from Burkina Faso and as

such could not estimate the quantity of arms that Bockarie had brought to Buedu.1 21 55

5451. Around mid-December 1998, the witness attended a second meeting convened by

Bockarie at his home in Buedu at 9.00pm. This meeting was attended by 12 persons including

Issa Sesay, Daniel Tamba (a.k.a Jungle), Eddie Kanneh, Major Francis (a Gambian who

trained with Foday Sankoh), Matthew Barbor, Junior Vandi, Gbessay Gbobah (a.k.a.

Chucky), Morris Kallon, Mike Lamin and lasted three hourS.121 56 Bockarie told them that he

had travelled to Burkina Faso with Ibrahim Bah, where they had met with the President of

Burkina Faso. 1215?

5452. Bockarie explained that he had brought ammunition and enough logistics for them "to

run any kind of mission" and that they should plan how they were going to capture Kono ,

Makeni, Segbwema, Daru , Kenema and finally Freetown.12l58 Bockarie told the attendees that

he and Charles Taylor devised this plan in Liberi a and that he was merel y briefing them to

11 151 TFI-516, Transcript 8 April 2008, pp. 6960-6961.11153 Kannoh Kanneh , Transcript 8 May 2008, p. 9390.11154 Kannoh Kanneh , Transcript 9 May 2008, pp. 9416-9418, 9438.11155 Kannoh Kanneh , Transcript 9 May 2008, p. 9417.11156 Kannoh Kanneh , Transcript 9 May 2008, pp. 9418-9424 , 9433.11157 Kannoh Kanneh , Transcript 9 May 2008, pp. 9418-9419, 9429-9430; Transcript 13 May 2008, p. 9703.

Case No.: SCSL-03-01-T1874

~18 May 2012

3qqb7

implement it.12159 Bockarie further explained that the objective of the plan was firstly to

capture Freetown and to release Foday Sankoh from Pademba Prison, secondly to capture

State House and overthrow or kill President Tejan Kabbah and thirdly to take over power. 12160

Bockarie then assigned each of the commanders the areas they were to attack. Issa Sesay,

Morris Kallon and Superman were to attack Kono and Makeni,12161 while Kanneh was to

attack Darn and Segbwema.12162

5453. Jungle spoke and told the meeting about the materials that Bockarie had brought back

and said that they should not fear this time around and that there was no force that could

withstand them. Jungle also stated that when he was in Monrovia Taylor had told him that

their first target should be Kono.12163

5454. Towards the end of the meeting, Kanneh heard Bockarie and Jungle speaking on the

satellite phone to Charles Taylor, briefing him about what had transpired in the meeting and

assuring him that the senior officers had agreed to go ahead with the plan. 121M The witness did

not hear Taylor's side of the conversation but it was made clear to those at the meeting that it

was Taylor who was speaking to Bockarie and Jungle. 12165

5455. The next day Bockarie invited the witness to his ammo dump to see the materiel and

logistics that he had brought from Burkina Faso. The witness saw "a lot of logistics including

AK rifles and rounds, G3 rounds, grenades, mines, RPG rockets and tubes, and combat

uniforms.12166 The witness, a member of the 15t Brigade, was given his orders and he left to

meet Dennis Lansana, one of the brigade commanders, and begin getting the men together to

carry out their mission to capture Segbwema, Darn, and if possible beyond.12167 The brigade

cleared the enemy forces from Segbwema but they were unsuccessful in their attack at the

Darn Barracks, where they were stopped by ECOMOG forces. 12168

Prosecution Witness Mohamed Kabbah

12158 Kannoh Kanneh, Transcript 9 May 2008, p. 9424.12159 Karmoh Kanneh, Transcript 9 May 2008, p. 9424.12160 Karmoh Kanneh, Transcript 9 May 2008, pp. 9430-9431.1216[ Karmoh Kanneh, Transcript 9 May 2008, p. 9425.12162 Kannoh Kanneh, Transcript 9 May 2008, pp. 9426-9427.12163 Karmoh Kanneh, Transcript 9 May 2008, pp. 9431-9433.12164 Karmoh Kanneh, Transcript 9 May 2008, pp. 9434-9437.12165 Karmoh Kanneh, Transcript 9 May 2008, pp. 9434-9437.12166 Karmoh Kanneh, Transcript 9 May 2008, pp. 9437-9438.[2167 Karmoh Kanneh, Transcript 9 May 2008, pp. 9438-9440.12168 Karmoh Kanneh, Transcript 9 May 2008, pp. 9438-9440.

Case No.: SCSL-03-0 1-T187~

18 May 2012