12:00 (12:30 with the video/audio delay): Court is back in session following the mid-morning break.
Defense counsel Morris Anyah continues the cross-examination of protected prosecution witness TF1-516:
Def: Before the break, we were speaking about Gen. Tengbeh in Foya Liberia in early 1992. Was Gen. Tengbeh a Special Force?
Wit: I can’t tell whether he was or not.
Def: Was he the overall commander of NPFL troops in Foya?
Wit: Yes.
Def: Have you heard the name Anthony Kunangbe (ph?)?
Wit: Yes.
Def: Who was he?
Wit: One of the generals who entered Sierra Leone. He was together with Sam Tuah, another general.
Def: Did you ever meet Sam Tuah?
Wit: No.
Def: Did you ever meet Anthony Kunangbe?
Wit: No.
Def: Was he in Foya in early 1992?
Wit: I don’t know I was in the hospital.
Def: Have you heard the name Francis Mewon.
Wit; I can’t remember.
Def: Did you say that both Kunangbe and Sam Tuah were NPFL fighters?
Wit: They entered Sierra Leone.
Def: Were they Special Forces?
Wit: Yes, in Sierra Leone. All those names were said to be Special Forces in Sierra Leone.
Def: While in the hospital, you hadn’t engaged in any radio communications?
Wit: No. I had not been trained.
Def: IF you spent six months in Foya, it would be about December 1992 when you left?
Wit; Approximately, yes.
Def: Before the break I read from interview notes where you said you walked from Foya to Koindu Sierra Leone, in crutches?
Wit: Yes.
Def: Were you alone?
Wit: I think about two other friends were with me.
Def: How long did you have to walk?
Wit: I think the same day I was in Koindu.
Def: What was the relationship of the RUF and NPFL at the time?
Wit: I used to see their vehicles cross the border.
Def: Are you aware of any NPFL retreat out of Sierra Leone at this time?
Wit: There was a flow of movement, over and back.
Def: You can’t recall a time in 1992-1993 when almost all NPFL forces withdrew?
Wit: There was a time when it was said that Taylor ordered the withdrawal of Special Forces. They sent SBUs from Gbarnga. This was Top Final.
Def: They sent younger forces to evacuate the Special Forces?
Wit: Yes.
Def: The SBUs made sure that the Special Forces retreated?
Wit: Yes.
Def: From Koidu, you were sent to Buedu?
Wit: Yes.
Def: When you became a radio operator, you spend time in Buedu after the retreat from Kono?
Wit: The first time was on the retreat from Zogoda. That was in 1996 and I was in Buedu until the AFRC coup.
Def: After you left Zogoda, the first place you went was Ngiema, and spent about 21 days there, then went to Buedu?
Wit: Yes.
Judge Sebutinde asks Anyah not to interject in the answers of the witness because.
Def: Regarding your first time in Buedu, you were ordered there my Captain Kennedy. You arrived there in January 1993?
Wit: If our approximate calculations are correct, yes.
Def: In Buedu, Captain Kennedy was there?
Wit: He was in Koidu.
Def: You reported to Sgt. Ngobeh?
Wit: Yes.
Def: What experiences did you have with radio communications there?
Wit: I was just charging batteries.
Def: You did not receive any messages?
Wit: At all not.
Def: Or monitor them?
Wit: At all not.
Def: You did not transmit radio messages?
Wit: I had no idea about signal communication at the time.
Def: From the start of the war, from your capture through this period, you were not involved in radio communications?
Wit: No.
Def: From Buedu you went to your village and spent about three months?
Wit: Yes.
Def: You had been in Buedu for nine months?
Wit: Yes.
Def: So we’re in December of 1993. From there you went to Ngiemah?
Wit: Yes.
Def: Were you ordered there?
Wit; I told the court, I was arrested in my village for being AWOL and taken to Ngiemah.
Def: You were arrested because they felt you left without permission?
Wit; Yes. I tried to explain but they did not listen to me.
Def: Was Capt. Kennedy you supervisor there?
Wit; No.
Def: Who was?
Wit: A radio operator, Sgt. Eddie Murphy.
Def: At this time, the NPRC was in power in Sierra Leone?
Wit; Yes.
Def: Valentine Strasser?
Wit: Yes.
Def: How many months did you spend in Ngiemah?
Wit: I think about…I cannot give an exact number of weeks or months. I remember it was not much time. I was asked to join the group to Piema.
Def: [references document] I can refresh your memory…
Wit: About three months.
Def: Did you tell the prosecution in another interview that it was 3-6 months?
Wit: Not six months.
Def: So we’re up to March 1994?
Wit: If our calculations are correct.
Def: How long were you in Piema?
Wit: A short time, I think not even a month.
Def: A few weeks?
Wit: Yes.
Def: Shall we say three weeks?
Wit: It was not even one month.
Def: Were you there in April 1994?
Wit: If we are taking it like that.
Def: You can disagree if you want.
Wit: If it was March I went there, then in April I was there.
Def: From there you went to Kangary Hills?
Wit: Yes.
Def; That was Jungle Headquarters?
Wit: The hill itself was. It was commanded by Zino.
Def: Who was the signal unit commander?
Wit: Nya Nissa, CO Nya.
Def: Was his name also Foday Lansana?
Wit; He told me later in Freetown he had changed his name to that.
Def: Captain Nya was one of your trainers?
Wit: Yes. [lists other trainers]
Def: They were already radio operators?
Wit: Yes.
Def: You at this point were just starting?
Wit: Yes.
Def: You trained there for about three months?
Wit: Yes.
Def: You spent a total of four months there?
Wit: Yes.
Def: So it was about August 1994 you went to Zogoda?
Wit: We spent some time maneuvering from Kangary Hills in the north to the eastern province. It was far and there were obstacles on the road, so it took some to move.
Def: You left for Zogoda around August 1994?
Wit: Yes.
Def: How long did the maneuverings take?
Wit: We spent some time moving.
Def: What is some time?
Wit: We did not just go directly. We went in the jungle, bypassing towns.
Def: How long did it take?
Wit: It took some time.
Def: Two weeks, one month, three months?
Wit: About 2-3 months. Two months. I can’t give an exact figure.
Def: 2-3 months?
Wit: These incidents occurred long ago.
Judge Doherty: He’s answered to the best of his ability. Move on.
Def: We come to October 1994. Would it be fair to say that you were in Zogoda in October 1994?
Wit: I did not spend even one month and we learned that Christmas was in progress.
Def: So you arrived around November 1994?
Wit: Let’s take it so.
Def: [references document] These are interview notes from October last year. It says “witness states he went to Zogoda, it was late in the rainy season and Julius Mada Bio was in power”
Wit: Yes.
Def: Are you aware Mada Bio came to power in 1996?
Wit: When I was in Zogoda, I was there until Mada Bio was coming to power.
Def: You told the prosecution that you arrived in Zogoda when Mada Bio was in power.
Wit: I said I remained in Zogoda until Kabbah took over from Bio.
Def: We have chronicled your movements. Where were you from November 1994 to January 1996?
Wit: I was in Zogoda.
Def: When the NPRC was in power you were in Zogoda?
Wit; Yes.
Def: Why did you tell the prosecution that you arrived in Zogoda when Julius Mada Bio was in office?
Wit: I didn’t say he was in office when I came, but that I was there when Strasser was overthrown.
Def: You are saying what I have read to you is incorrect?
Wit: Maybe they got my information on the other hand. I was in Zogoda when Strasser was overthrown. We remained there until the first election of Kabbah.
Def: Do you see that it says here that Julius Mad Bio was in power. You see that these events are tracking your movements?
Wit: I was asked to state the events I could remember occurring when I was in Zogoda.
Def: So this is in error that the time you arrived was when Bio was in power.
Wit: Those were the events that occurred during that period.
Def: If you arrived in November 1994, and you’re on record as saying you spent Zogoda for one year, then that means you left in late 1995?
Wit: For where?
Def: How long did you stay in Zogoda?
Wit: I remember I was there when…
Judge Doherty: How long did you stay?
Wit: One year and some months.
Def: You’re changing it as we go along.
Wit: I can’t say exactly. It’s been a long time and I can’t give precise times.
Def: [references document] This is your first interview with the prosecution: “Posted to headquarters at Zogoda for a year.”
Wit: I keep saying, these figures are estimated.
Def: [references another document] “Witness left Zogoda in December 1995.”
Wit: That was just a mistake.
Def: “…after the RUF were dislodged from there by Kamajors.” You see that?
Wit: Yes. But I later corrected the investigators, that it was 1996.
Def: Yes, I believe you did. But you’ve given two different times.
Wit: I spent time with training and then I was still there afterwards. I was posted there after completing the training.
Def: When they asked you how long you were there you said one year.
Wit: No, I said I was posted there after my training. I did not just go to Zogoda and begin operating the radio, no.
Def: That brings us into 1996. How many months of that year were you in Zogoda?
Wit: I left there in December 1996.
Def; You spent two years in Zogoda?
Wit: I’m saying one year, some months.
Def: If you got there in November 1994, it’s over two years.
Wit: Remember we’ve been estimating the periods of time at other places.
Def: You didn’t disagree with the estimates.
Wit: I said if those were the estimates, then the calculations were correct.
Def: In Zogoda, Sankoh trained you?
Wit: Yes, and one Pa Tokah.
Def: Was Major Alfred the signal unit commander for Zogoda?
Wit: Captain Nya. Later in Buedu, Major Alfred Brown took over command, after we retreated from Zogoda.
Def: Did you tell the Office of the Prosecutor that you saw CO Nya in Zogoda just once?
Wit; Yes.
Def: But now you’re telling us he was the signals commander there?
Wit: He was the overall Signals Unit Commander for the RUF. Major Alfred was not even there.
Def: Are you saying Brown was not based in Zogoda?
Wit: No, and neither was Nya. Nya visited once when I was there.
Def: Your signals commander in Zogoda?
Wit: Zedman, and then he was replaced.
Def: And then he went with Sankoh to Côte d’Ivoire?
Wit: Yes.
Def: And Mohamed _____ came from Côte d’Ivoire to take command?
Wit: Yes, but he didn’t come from Côte d’Ivoire. His name was Cat.
Def; You reported to him?
Wit: Yes.
Def: You received training at this point and Sankoh trained you?
Wit: Yes.
Def: Sahr James trained you too?
Wit: Yes. How to operate the radio, and some codifications.
Def: Daf also trained you?
Wit: No. He was a senior radio operator, and helped when we had problems.
Def: You said that if a call came from Liberia you were not permitted to handle the call?
Wit: Right.
Def: The people who were allowed to handle the calls were…[lists names]
Wit: Nya was one of the people allowed, but he was not in Zogoda.
Def: [references document] “In Zogoda his only duties were to receive and transmit messages. When he received a message from Liberia, he had to get James to talk to them. They weren’t allowed to call the other side…” Correct?
Wit: Yes.
Def: “…For one month in early 1995, Daf replaced Zedman…Daf or Zedman, or Nya or Foday Sankoh were the only people who could talk to the other side.” So Nya could talk to the other side?
Wit: Nya was in Kangary Hills but still communicating with the other side.
Def: [references another document] “Jungle went with Sam Bockarie aboard the helicopter to Monrovia. Bockarie got his satellite phone, and Martin got his.” Is that the same Martin?
Wit: No, that is Martin Caulker (ph). He joined the RUF during the ECOMOG intervention. He retreated with Bockarie to Buedu. Caulker had a computer and satellite phone in Bockarie’s house.
Def: [references another document] “At some point during the Abidjan peace accords, Sankoh sent Martin with money to buy weapons from ULIMO.” Which Martin is this?
Wit: Martin Moinima (ph), The Cat.
Def: Did Martin the Cat come back to Zogoda after Côte d’Ivoire?
Wit: He came back to Buedu. He was given money to take to Bockarie. At that time there was disarmament in Liberia and Bockarie bought ammunition from ULIMO.
Def: Were you in Buedu when Martin came back?
Wit; He came late 1996 to early 1997. Then Bockarie was called to join the AFRC by Sankoh over the BBC.
Def: Did Martin join the AFRC?
Wit: Martin called that he was to take off for Nigeria with Sankoh. He came back in the junta period. I was not there when he was arrested by Bockarie and Issa Sesay. From that time I never saw him. They said that he jumped into the bush and they opened fire behind him. I was not there, but that’s what friends said. It was because he left the leader behind in Nigeria.
Def: If Sankoh sent him back with money, why would he be arrested for abandoning the leader?
Wit: It was not that time. He brought the money, then later went to Nigeria. Sankoh was arrested and Martin escaped to Côte d’Ivoire and then back to Sierra Leone.
Def: Do you know where Martin Moinima is today?
Wit: No.
Def: Have you heard about his whereabouts?
Wit: What I heard is that he was arrested, he ran into the bush and they opened fire behind him. From that time I’ve heard nothing about him and I haven’t set eyes on him.
Def: Do you know Pa Kallon?
Wit; We had two Pa Kallons.
Def: You knew both?
Wit: Yes.
Def: Tell us about them?
Wit; There was one who traveled with Sankoh from Liberia and who went with Sankoh to Abidjan. The other Pa Kallon was a combatant in the field. The first one was responsible for diplomatic matters.
Def: You’re certain that Sankoh sent Martin Moinima back with money to buy money for ULIMO-K?
Wit: Yes.
Def: When did Sankoh leave for Côte d’Ivoire?
Wit; I think it was in 1996.
Def: The beginning, middle or the end?
Wit: Not the beginning. We spent some time communicating with the ICRC to facilitate the movement of Sankoh. Their radio operator was Primo.
Def: When did he leave for Abidjan?
Wit: I can recall it was in 1996.
Def: How soon after did Martin Moinima leave to join him?
Wit: Zedman went with Sankoh at first. When Zedman was in Abidjan, Martin came with Zino and Martin took over the signals unit in Zogoda.
Def: Using the starting point of when Sankoh left, how long was it before Moinima arrived at Zogoda?
Wit: It was not even one month.
Def: Are you sure Moinima did not leave for Côte d’Ivoire in the same month as Sankoh?
Wit: It was more than a month. Zedman returned first with the satellite phone and fax machine. Then Martin was sent. During the time of the retreat, Zedman was captured by the Kamajors.
Def: Was Martin Moinima there when you got to Zogoda?
Wit: No.
Def: Did you ever tell the prosecution he was there when you arrived?
Wit: I can’t remember telling them that.
Def: Do you know somebody named Steve Bio?
Wit; I can remember that name. He was also a man working in the interests in the standing delegation of the RUF. That comprises Capt. Palmer, Pa Kallon, one woman, Eye something [others]. Steve Bio used to move with them.
Def: [asks court officer to distribute two documents to the prosecution, judges and witness]: These are documents disclosed to the defense from the Office of the Prosecutor. They’re records of the treason trial of Foday Sankoh in Freetown. The trial took place in October 1998. [references first document] “Martin Moinima: I became RUF soldier…I know the accused very well. I was signaler to the accused since 1994…I surrendered to ECOMOG on 16 March 1998….After some time he sent me to Pendembu for training. I worked directly with the accused in 1994. I was with the accused in Abidjan. He left in July 1996. I also left in July 1996. I went with the accused to Nigerian sometime in 1997.” Moinima is saying he was in Zogoda in 1994, and you told us he was not.
Wit: I did not meet Moinima. By the time I got to Zogoda, he had already taken an assignment with Mohamed Terawally, alias Zino.
Def: He was the personal signaler of Sankoh, true or false?
Wit: He was, but he was not there then.
Def; You said you were there when Sankoh left for Abidjan?
Wit: Yes.
Def: You said he left with Zedman?
Wit: Yes.
Def: Moinima said he was there.
Wit; When Sankoh left, that’s when Moinima came.
Def: You’re saying that Moinima was lying in his testimony about being in Zogoda in 1994?
Prosecution objects: The witness said he didn’t know if Moinima was in Zogoda in 1994 before he arrived.
Def: The witness said Moinima was not there in 1994.
Prosecution: No, he said he couldn’t say about early 1994.
Def: I’m entitled to put my question…
Judge Doherty: Refresh my memory, just what is your question?
Def: I’m asking questions about two periods: 1994 and 1996.
Judge Doherty: What is your question?
Def: When Moinima says when he started working with the accused…he was lying…I can rephrase my question because the transcript isn’t so clear.
Wit: It says here in the document “I went to go join him in Abidjan”, meaning he did not go with Sankoh…
Judge Doherty: Let counsel ask the questions.
Def: When you arrived in Zogoda, was Martin Moinima there?
Wit: No.
Court is now adjourning for lunch. The proceedings will resume at 2:30 (3:30 with the video and audio delay.)