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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
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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
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