supply his Liberian forces and his proxy Sierra Leone forces, the AFRC/RUF, with that materiel, thus conserving some ofhis own stores".

Transcription

1 supply his Liberian forces and his proxy Sierra Leone forces, the AFRC/RUF, with that materiel, thus conserving some ofhis own stores" The Prosecution further alleges that the Accused was in a long-term cooperative relationship with Alhaji Kromah, who became the leader of ULIMO-K, and that they were working together on various matters from as early as The Prosecution submits that a Memorandum of Understanding entered into by Taylor and Kromah in November 1995 led to Taylor once again having access to the border with Sierra Leone The Defence denies the Prosecution's allegation and submits that there is no evidence suggesting that the Accused was involved in the arms trade between the RUF and ULIMO in Liberia The Defence accepts that Sankoh gave Bockarie $USD 7000 to buy ammunition from ULIMO, but submits that this is not linked to Taylor in any way other than by the suggestion that it was Jungle who carried the money from Sankoh to Bockarie. In this regard, the Defence submits that Jungle was not with the RUF on Taylor's behalf. 1l621 The Defence also challenges the Prosecution's allegation that the Accused and Alhaji Kromah were in a long-term cooperative relationship and submits that this is simply a Prosecution assumption, since there is no evidence on this point Evidence Prosecution Witness TF Witness TFI-168, an RUF member, testified that when Foday Sankoh was in the Cote d'ivoire for the peace negotiations he received $USD 500,000 in May 1996 from the Libyan ambassador to Ghana, Mohamed Talibi. This assistance came after Sankoh went to Libya to ask for it in order to transform his movement into a political party. After Sam Bockarie told Sankoh that he could get ammunition from ULIMO fighters along the Sierra Leone-Liberian border and that he needed money in order to do that, Sankoh sent $USD Prosecution Final Trial Brief, para Prosecution Final Trial Brief, paras Defence Final Trial Brief, para ; Defence Response to Prosecution Final Trial Brief, paras Defence Final Trial Brief, para Defence Response to Prosecution Final Trial Brief, paras Case No.: SCSL T 1795~ 18 May 2012

2 7,000 with Daniel Tamba (a.k.a. Jungle) to Bockarie. Out of that amount, $USD 2,000 was for food and $USD 5,000 was for ammunition Prosecution Witness TFl Witness TFI-338, an RUF member, testified that in 1997 after Foday Sankoh returned from Abidjan he gave "some money" to Bockarie when they were in Giema. Sankoh told Bockarie to use the money to purchase arms and ammunition from ULIMa since he had heard that ULIMa were disarming and had a large cache of arms with them. The witness went to Foya with Bockarie, Kennedy, Lion, Sam Kolleh and others to negotiate for arms and ammunition from ULIMa. The materiel was bought from Farrah Aidid and Musa Sidibay, called Jungle. The witness stated that this happened in 1997 but could not recall the particular time Prosecution Witness TF Witness TFI-371, an RUF member, testified that in 1997 the RUF purchased arms and ammunition from ULIMa through Vannuyan Sherif. Abu Keita was also "involved". The first sum of money came from Sankoh who sent Bockarie $USD 7,000. Bockarie also got 40,000 Liberian dollars although the witness did not know from where the money came from Prosecution Witness TFl Witness TFI-367, an RUF member, testified that the RUF purchased ammunition from ULIMa in 1997 until "Johnny Paul called us", referring to when Johnny Paul Koromoa invited the RUF to Freetown The witness stated that the first purchase was made with $USD 7,000 Bockarie had provided. Bockarie said that the money was given to him by Sankoh "to maintain the ground". Sankoh had given the $USD 7,000 to Bockarie upon his return to Buedu from the peace talks in the Cote d'ivoire Bockarie would change the currency and provide funds for the ammunition purchases out ofthe $USD 7, TFI-168, Transcript 22 January 2009, pp (CS); Transcript 26 January 2009, pp (CS) TFI-338, Transcript 3 September 2008, pp [1625 TF 1-371, Transcript 31 January 2008, pp (CS) TFI-367, Transcript 29 August 2008, pp , TFI-367, Transcript 20 August 2008, pp Case No.: SCSL T 1796.: 18May 2012

3 lump sum. The witness could not recall how much out of that sum was actually used to purehase the ammumtion. Prosecution Witness Mohamed Kabbah Witness Mohamed Kabbah testified that prior to the Junta taking power, in 1996, the RUF was trading for ammuniton with ULIMO at the border The Accused The Accused denied that he had anything to do with providing Bockarie with the $7000 he used to buy arms and ammunition from ULIMO, asserting that there is no evidence whatsoever ofhis involvement The Accused acknowledged that the NPFL and ULIMO worked together to resolve a dispute regarding governmental posts after the signing ofthe Cotonou Agreement on 25 July It was eventually agreed that the NPFL would receive the posts of Foreign Affairs and the Ministry ofjustice while ULIMO would get the post offinance The Accused also acknowledged that he himself signed the Akosombo Agreement on 12 September 1994, signed also by Alhaji Kromah for ULIMO. That agreement established the Council of Five, in which one member of the NPFL, ULIMO and AFL were to be appointed while one other member was to be chosen by the Liberian National Conference, and another one to be jointly appointed by the NPFL and ULIMO. The Accused also agreed that ULIMO and the NPFL jointly appointed the Honourable Tamba Tailor as a representative in the Council offive The Accused recalled that Mr George Boley of ECOWAS mediated between the NPFL and ULIMO-K of Alhaji Kromah. He acknowledged that the NPFL and ULIMO-K signed a memorandum of understanding on 30 November 1995 to cease all hostilities. They See TFI-367, Transcript 1 September 2008, pp Mohamed Kabbah, Transcript 17 September 2008, p Charles Ghankay Taylor, Transcript 23 July 2009, pp Charles Ghankay Taylor, Transcript 14 January 2010, pp Charles Ghankay Taylor, Transcript 14 January 2010, pp Case No.: SCSL T May 2012

4 39SQO then cooperated to ensure free movement of civilians and conunercial activity In their. 11 d respectrve contro e terntones The Accused denied acting in concert with ULIMO-K in 1996 against Roosevelt Johnson of ULIMO-J. He asserted that it was the Liberian government who arrested Johnson, which included the NPFL, ULIMO-K and ULIMO-J which at that time was headed by Kai Kar yee,. Taylor asserted he was not involved in ULIMO's internal fights and stat ed that it was the govemrnent who temporarily recognized Karyee as the head of ULIMO-J so that his faction could implement the peace plan. I 1634 Defence Witness Charles Ngebeh Witness Charles Ngebeh testified that before the RUF retreated from Zogoda in 1996, Bockarie established a relationship with ULIMO in Foya, who by then were disarming in 1996, Bockarie would go with other officers to negotiate for ammunition with the ULIMO commander in Foya. Bockarie and the other officers who would then travel with the ammunition back to Buedu. TIle witness stated that this was in 1996/1997. According to the witness, the ammunition was mainly bartered for "single barrels" and goods, although sometimes it was done with money. The witness went with Bockarie on one occasion to purchase anununition and arms from ULIMO. On that occasion the y went with single barrels to make the exchange for ammunition. Bockarie also had US doll ars with him Defence Witness Issa Sesay Witness Issa Sesay testified that in late No vember, before signing the peace accord in Abidjan, Sankoh gave Sam Bockarie $USD 7,000 in the presence ofissa Sesay, Peter Vandi and Lawrence Womandia in Buedu. Sankoh told Bockarie to try very hard to establish a relationship with ULIMO in order to buy ammunition to defend Kailahun After Sankoh returned to Abidjan, Bockarie sent him a message that he had met ULIMO members and that "it had gone through" Charles Ghankay Taylor, Transcript 14 January 20 IO. pp Charles Ghankay Taylor, Transcript 14 January pp ; Transcript 17 November 2009, pp Charles Ngebeh, Transcript 23 March 20 I0, pp Issa Sesay, Transcript 6 July 2010, pp , Issa Sesay, Transcript 6 July 20 IO. p Case No.: SCSL-03-0 I-T 1798 ~ 18 May 2012 j)

5 5269. The day Sankoh left for Abidjan, Issa Sesay, Matthew Sesay, Peter Vandi, Lawrence Wom andia and Sam Bockarie went back to Giema. Two days later, in late November, Bockarie said he was going to the border, to Foya, to meet with ULIMO. Bockari e then went to Foya with his bodyguards, Matth ew Sesay (a.k.a. Kennedy), a Vanguard named Big Daddy and CO Sellay. Bockarie was there for about a week. 1163S Upon their return they told Issa Sesay that ULIMO thought Bockarie had come to surrender. ULIMO's commander in Foya contacted ULIMO 's headquarters in Voinjama. ULIMO generals, Abu Keita and Sherif, then came to Foya with their bodyguards. The ULIMO commanders sent 20 to 25 ULIMO men to accompany Bockarie and his delegation back to Giema. They said it was for the men to see the RUF-controlled-territory in order to "feel safe with the RUF". Bockarie returned with the delegation to Giema in December. I 1639 Issa Sesay was there during the 5 days the ULIMO members stayed in Giema and were establishing a relationship with the RUF Then, 10 late December, the ULIMO members returned to Foya with Bockarie, Matthew Sesay and Bockarie's bod yguards. Bockarie stayed in Foya for 3 days. He then explained to the men that he was interested in buying ammunition and they were willing to sell their ammunition to Bockarie. Abu Keita and Sherif then brought ammunition which was bought by Bockarie. Bockarie returned to Kailahun with ammunition which included 45 RPG rockets, 15 "sardine tins" ofak rounds and there were "open ones" which were in rice bags, about ten sardine tins ofg3 rounds, and eight to ten sardine tins ofgmg rounds.l'"! When Keita and Sherif brought the ammunition from Voinjama, the commander on the ground told Mosquito that he too had some ammunition that he would like to sell separately, without the other commanders knowing. Bockarie told the commander to wait and that he would come to buy it later from Koindu. Bockarie then introduced Kennedy to Sherif, Keita, the commander in Foya and all the other men, telling them that if they wanted to sell their consignments they should bring them to Koindu, and if they meet Kennedy there, Kennedy would send a message to him, to Bockarie. l l M Issa Sesay, Transcript 6 July 20 I0, pp , Issa Sesay, Transcript 6 July 20 10, pp , Issa Sesay, Transcript 6 July 20 10, pp Issa Sesay, Transcript 6 July 2010, pp , Issa Sesay, Transcript 6 July 20 10, pp Case No.: SCSL T 1799 d 18 May 20 12

6 5272. Kennedy was then posted by Bockarie to Koindu, as Koindu was close to the border, for Kennedy to be able to recei ve the men and pay them for the ammunition When the ammunition was stocked and accumulated they would transport it to Buedu. Kennedy was based in Koindu for this purpose from December 1996 until the AFRC overthrow in May 1997." Keita, Sherif and others came to Koindu with ammunition in their pick-ups on two to three occasions. Some ULIMO members from Foya Tinkia towards Masabulahun would themselves bring ammunition to Buedu and Bockarie would buy it from them The ULIMO fighters and their commanders would sell the ammunition to the RUF and get what they requested for it. These transactions were not controlled by Keita or Sherif. Keita and others used to sell their ammunition from the headquarters, and soldiers from lower ranks would sell their own ammunition.i Because of the frequent attacks by government troops and the Kamaj ors on RUF positions, the money given by Sankoh for materiel was not sufficient. Therefore, these purchases from ULIMO were also financ ed by selling civilians' harvest. I 1646 Bockarie would send Peter Vandi to sell the civilians' products in the trading areas. Peter Vandi would brin g the money to Bockarie, who would then send it to Kennedy in Koindu. Kennedy would purchase ammunition from the Mand ekoma bord er area. Some mone y would stay with Bockarie as he would buy materiel from Dawa customs area. I I 64? ULIMO men would also ask for different commodities in exchange for the ammunition, including single barrel guns, generators, tape recorders. There came a time when it became ram pant. I The trade with ULIMO began in late December 1996 and continued until the AFRC coup, and after the AFRC took power and continued up to Between December 1996 and May 1997 ECOMOG was deployed in Liberia in order to carry out the Issa Sesay, Transcript 6 July 2010, pp Issa Sesay, Transcript 6 July 20 I0, pp Issa Sesay, Transcript 6 July 2010, pp Issa Sesay, Transcript 6 July 2010, pp The civilians agreed to give their harvest to the RUF in exchange for the RUF defendin g them, instead of having to become refugees in Liberia Issa Sesay, Transcript 6 July 20 10, pp Issa Sesay, Transcript 6 July 20 10, p ~ Issa Sesay, Transcript 6 July 20 10, p Case No.: SCSL T 1800 ~ l8 tvlay 2012

7 disannament process. I 1650 It was impossible to have contact with Charles Taylor at this time, as ULIMa was controlling the entire Lofa County.llb5 1 Defence Witn ess Fayia Musa Witness Fayia Musa testified that when Sankoh was in Abidjan, he started getting support from leaders in Africa. The first came from the Libyan government. Mohammed Talibi, who worked at the Libyan emb assy in Ghana, gave Sankoh $U SD 500,000 in Abidjan. The money was given in a carton. A letter in the carton stated that this money was meant tor Sankoh to help civilians living in RUF-held-territory and to buy food, medicines and "o ther important thin gs for your civilians back home". The letter also congratulated Sankoh for allowing the peace negoti ations to get started Out of the $US D 500,000, Sankoh sent $US D 7,000 to Mosquito to buy arms and ammunition from ULIMa at the border. By then, they had succeeded in breaking "the barri cade" between them and the ULIMa members at the border in Lofa County.I 1653 The witn ess thought that the $USD 7,000 was delivered to Bockarie through one of the radio operators, then recalled that it was Colonel Jungl e who transferred the $USD 7,000 to Bockarie along with a radio operator who brought Bockarie a satellite phone. I 1655 The inform ation that $US D 7,000 was given to purchase war materiel was conveyed to RUF members by the RUF external delegation in Abidjan, as the delegation was angry that money given for humanitarian purposes had been used either for arms or was expropriated by Sankoh for himself I 1656 They never saw the rest of the money. Sankoh used it and the 10 million CFA francs given to the delegation by Charles Taylor in December 1995 to bu y flight tickets, and "squandered" the rest of the money. By July 1996 Sankoh told Musa that he had no money.i 1657 Defence Witness Sam Kolleh Defence witness Sam Kolleh testi tied that at the end of 1996 Mosquito went with Kennedy, Lion and others to Foya in Liberia to get arms but mainly ammunition from Issa Sesay, Transcript 6 July 2010, p Issa Sesay, Transcri pt 6 July 2010, p Fayia Musa, Transcript 14 April 2010, pp Fayia Musa, Transcript 14 April 20 10, pp Fayia Musa, Transcript 14 April 20 10, p Fayia Musa, Transc ript 14 April 2010, pp Fayia Musa, Tra nscript 14 April 20 10, pp Fayia Muse, Transc ript 14 April 20 10, pp Case No.: SCSL T May f)

8 ULIMO. Bockarie told ULIMO, his former enemies, that he did not come to attack but rather to establish relations with them. ULIMO agreed to establish a relationship and then provided the RUF with a sufficient amount of ammunition and a few arms.' 1658 Kolleh was in charge oftransporting the materiel to Sierra Leone. I On their way by from the mission, Bockarie told the group who went with him to pick up the materiel that it was Sankoh who told him to ask for ULIMO's assistance since he had a dream to connect with ULIMO. Bockarie himself was fearful of going to ULIMO since they were former enemies Kolleh did not know how Sankoh knew that it was safe for Bockarie to approach ULIMO From this operation they brought "plenty" of ammunition in sardine pans, boxes and rice bags. Bockarie purchased the anununition with US dollars taken in ambushes, some diamonds, gold watches and clothing, and a single barrel shotgun. Mr Kolleh did not see the transfer ofmoney After this occasion, some ULIMO fighters brought ammunition individually to Mosquito, saying that they were not part of the arrangement between Bockarie and their commanders Prosecution Exhibit P The Prosecution cites Prosecution Exhibit P-425, a report made by the United Nations Secretary General to the Security Council about the situation in Liberia, dated 18 December According to this report, the NPFL headed by Taylor and ULIMO-K headed by Alhaji Kromah signed a Memorandum of Understanding to end all hostilities which resulted in opening the roads to Lofa County through Bong County. It further states Sam Kolleh, Transcript 1 November pp Sam Kolleh, Trans cript 1 November 2010, pp Kolleh gathered over 100 people, both civilians and armed men. to transport the materiel overnight from Nyandehun in Liberia to Sierra Leone Sam Kolleh, Transcript I November 20 I0, pp Sam Kolleh, Transcript 4 November 20 I0, p Sam Kolleh, Transcript I November 2010, pp , Sam Kolleh, Transcript 1 November 2010, pp Case No.: SCSL T May2012

9 that the factions have increased delivery of humanitarian assistance to the newly accessible areas. I 1664 Prosecution Exhibit P-6ll Prosecution Exhibit P-6ll, "Interview of Sam Koroma, November ", is Sam Kolleh's interview with the Prosecution in The interview includes a statement by Kolleh that after the retreat from Zogoda in 1996, Bockarie went to Foya to establish relations with ULIMO_K Defence Exhibit Defence Exhibit is a salute report from Sam Bockarie to "the Leader of the Revolution", i.e. Foday Sankoh, authored on 26 September In his report, Bockarie writes that after Sankoh left for Abidjan in 1996 he, Bockarie, had made contacts with ULIMO upon Sankoh's instructions. Bockarie stated that he was first arrested by ULIMO but then convinced them to release him and was able to establish a relationship with them. He had used the $USD 7,000 Sankoh had given him to purchase "vitally needed materials that gave us the stance to fight and challenge the SLPP government until they were ousted by the AFRC coup. The efforts of the civilians most [sic] be highlighted as they provided Agricultural Produce which I traded for materials during the same period". I 1667 Defence Exhibit Defence Exhibit is a letter from Foday Sankoh to Mohamed Talibi, Libyan Arab People's Jamahiriya, Accra, Ghana, dated 26 June Sankoh thanks Talibi for $USD 500,000 given to him to purchase materiel to pursue "the military mission", but asks for an additional $USD 1,500,000 as requested by his "business partners" Exhibit P-425, " I4 1h Progress Report of the Secretary General on UNOMIL, 18 December 1995, S/l995/l 042, paras The witness identified himself at the time as "Sam Kororna". See Sam Kolleh, Transcript 4 November 20 10, pp Exhibit P-6II, "Interview of Sam Koroma, November r, pp Exhibit D-009. " RUF Defence Headquarters. Salute report to the Leader of the Revoluti on. RUF/SL, from Major General Sam Bockarie", p. I. ERN Exhibit D-015, RUF - Follow up request from Foday Sankoh, Leader, RUF/SL to Brother Mohamed Talibi, Libyan Arab People' s Jamahiri ya, Accra, Ghana. 26 June Case No.: SCSL T 1803 / [8 May 20 12

10 Defence Exhibit D_ Defence Exhibit D-084 is a Salute Report from Issa Sesay to Foday Sankoh, dated 27 September In his report, Sesay states that after Sankoh left for Abidjan to sign the peace accord, Bockarie (a.k.a. Mosquito) was able to establish relations with ULIMO. With the $USD 7,000 Sankoh had given them they purchased materials from ULIMO which helped them resist enemy advances in the Kailahun District Defence Exhibit D The Prosecution cites Defence Exhibit This Exhibit is an ECOWAS journal which documents agreements, decisions and resolutions made in relation to the Liberian crisis under the auspices of ECOW AS. It includes the Cotonou Agreement between the Interim Government of National Unity, the NPFL and ULIMO,1I671 the Akosombo Agreement between the AFL, NPFL and ULIMO, and the ECOMOG field commander's report on the attack of " government forces", NPFL and ULIMO fighters, on the premises ofgeneral Johnson in Defence Exhibit Defence Exhibit is a photograph of Sam Bockarie and other men. Sam Kolleh testified that he took this picture in December 1996 at Dawa crossing after the night operation in which they brought materiel from ULIMO Kolleh recognized in the picture Sam Bockarie,11675 Simeon who was a medic, Haji and Devuyama who were bodyguards, and Stewart who was an officer Deliberations Authenticity Assessment of Specific Documents; Credibility Assessment, Issa Sesay, paras Exhibit D-084. RUE Sierra Leone, Defence Headquarters, Salute Report, from Brigadier Issa H. Sesay Battlefield Commander RUF/SL to the Leader of the Revolution, dated 27 September p Exhibit D-385, "ECOWAS Official Journal, Vol. 22 (Special Edition)", pp Exhibit D-385. "ECOWAS Official Journal, Vol. 22 (Special Edition)", pp Exhibit D-385, "ECOWAS Official Journal, Vol. 22 (Special Edition)", pp , paras The fighting resulted in severe and widespread devastation and looting in Monrovia Exhibit D-470 ; Sam Kolleh, Tran script I November 20 lo, pp , The picture includes some bodyguards and some ofticers. These men are only part ofthe group who went to collect materiel Sam Kolleh, Transcript I November20lO, pp Sam Kolleh, Transcript 1 November 2010, pp Case No.: SCSL T 1&04 / 18 May 2012 I~

11 Evidence not contested by the parties shows that Sankoh either gave or sent Bockarie $USD 7,000 to purchase materiel from ULIMO, and that this money was used to purchase ammunition and arms from ULIMO members from around November 1996 until the AFRC coup in May The Prosecution contends that "it is no coincidence" that Sankoh 's instructions to Bockarie to purchase materiel from ULIMO and the $USD 7,000 given to Bockarie came after the Accused met the RUF external delegation in Abidjan in about December 1995, at which time Taylor gave them 10 million CFA francs However, the only Prosecution witness who testified about the origin of this money, TFl-168, testified that it came from $USD 500,000 given to Sankoh in Abidjan by the Libyan Ambassador to Ghana, Mr Mohammed Talibi. Similarly, Defence witness Fayia Musa testified that Mohammed Talibi, an employee at the Libyan Embassy in Ghana, gave $USD 500,000 to Sankoh in Abidjan, and that out of that sum Sankoh sent Bockarie $USD 7,000 to purchase military materiel from ULIMO. Exhibit D-015, written by Sankoh, corroborates that he received $USD 500,000 from Mohammed Talibi for materiel purchases. No evidence was introduced to establish that the $USD 7,000 came from Taylor or that it was Taylor who told Sankoh or Bockarie to purchase materiel from ULIMO. TIle Trial Chamber recalls that it had no general reservati ons regarding the credibility of either TF or Fayia Musa Prosecution witnesses TFl-338 and TFl-367 and Defence witness Issa Sesay testified that Sankoh gave Bockarie the US dollars in Sierra Leone, before returning to Abidjan for the peace negotiations. However, Prosecution witness TFl-168 and Defence witness Fayia Musa testified that Sankoh sent the $USD 7,000 to Bockarie through Daniel Tamba (a.k.a. Jungle). TFl-371 testified that Sankoh sent the money to Bockarie, but he did not name Tamba as the one who transferred it. Even if Tamba was involved in the transaction, as stated by some witnesses, the Trial Chamber notes that it was in the role of a courier to transfer the money from Sankoh to Bockarie TIle Prosecution submits that the Accused had good relations with Alhaji Kromah of ULIMO-K. However, no evidence was introduced to suggest that the Accused was involved Credibility Assessment, TFI -168, Pre-Indi ctment period (I ), para. 2328; Credibility Assessment, Fayia Musa, Pre-Indictment period ( ), para Case No.: SCSL-03-0] -T ] May 20]2

12 in facilitating the relationship between the RUF and ULIMO prior to his inauguration, or that it was the Accused who facilitated a relationship between Sankoh or Bockarie and Kromah. The evidence rather shows that it was Bockarie who facilitated the relationship between the RUF and ULIMO." 678 Findings The Trial Chamber finds that Sankoh gave Bockarie $USD 7,000 which was used to purchase arms and ammunition from ULIMO from around late The Prosecution failed to prove beyond reasonable doubt that the Accused was involved in the arms and ammunition transactions between the RUF and ULIMO between November 1996 and May (ii) Alleged Facilitation through Varmuyan Sherif Submissions ofthe Parties The Prosecution submits that after he became President, the Accused tasked Varmuyan Sherif at the end of 1997/early 1998 with encouraging former ULIMO fighters to sell weapons directly to the RUF and with opening "a corridor" between Lofa County and RUF held territories in Sierra Leone so that the RUF could purchase arms and ammunition from former ULIMO fighters. According to the Prosecution, the Accused devised this plan in order to provide materiel for the RUF and in order to diminish the possibility that such materiel would be used by potential Liberian dissidents against Taylor's rule. The Prosecution contends that to further advance his plan, the Accused provided Sam Bockarie with money to purchase materiel from former ULIMO members, and made his subordinate commanders available to assist the AFRC/RUF to obtain the materiel from Lofa County TFI-168, Transcript 22 January 2009, pp (CS); Trans cript 26 January 2009, pp : Bockari e told Sankoh that he could get ammunition from ULIMa fighters along the Sierra Leone Liberian border; DCT-14 6, Transcript 23 March 20 10, pp : before the RUF retreated from Zogoda in 1996, Bockarie established a relationship with ULIMa in Foya; Issa Sesay, Transcript 6 July 20 I0, pp , : Bockarie went to Foya to facilitate a relationship with ULIMa and was almost arrested; Sam Kolleh, Transcript I November 20 I0, pp ; Bockarie went to Foya to establish a relationship with ULIMa; Exhibit 0-009, "RUF Defence Headquarters, Salute report to the Leader of the Revolution from Major General Sam Bockarie", p.l : Bockarie wrote to Sankoh that after Sankoh left for Abidjan in 1996 he, Bockarie, had made contact s with ULIMa upon Sankoh's instructions Prosecution Final Trial Brief, paras 7, Case No.: SCSL T May 2012

13 5295. The Defence does not dispute that the RUF continued transacting with ULIMa during the Junta period and after the Intervention. However, the Defence submits that the only witness to implicate the Accused in these transactions is Varmuyan Sherif. Moreover, the Defence argues that since there is evidence that the transactions between the RUF and ULIMa had been going on for years prior to the Accused's alleged instruction to Varmuyan Sherif, it is unclear why the Accused would need to "kick-start" an already established relationship. The Defence submits that Sherif himself had been a part of the trade between the RUF and ULIMO, doing so independently of the Accused, and it is therefore unlikely that the Accused sent him to engage in a trade which he had been doing independently Evidence Prosecution Witness Varmuyan Sherif Witness Varmuyan Sherif testified that after the Intervention, I 1681 Taylor instructed him to open a corridor betw een Lofa County and RUF held territori es, so that former ULIMO fighters would feel free to provide arms and ammunition to the RUF. Sherif then went to Lofa County, to Voinjama, Kolahun and Foya districts, and met with the former fighters there. Sherif let them understand that they were free to sell arms and ammunition to the RUF if they wanted to, and that the RUF should have free access to Foya, Kolahun and Voinjama Sherif stated that he was then tasked with ensuring that RUF members were moving freely and that former ULIMO-K fighters who wanted to go to Sierra Leone felt free to do so. He therefore went on a monitoring mission to Foya Sherif observed that former ULIMa fighters were taking hidden anns to Sam Bockarie in RUF held territories, and that Bockarie sent Superman, one of his senior commanders at the time, to travel to Voinjama and the surrounding area to buy arms and ammunition and bring them to Sierra Leone.I 1684 Sherif stated that after he fulfilled the mission he received from the Accused, former combatants were selling their arms and ammunition individually. At first, after the Defence Final Trial Brief, paras 1056, Varmuyan Sherif, Transcript 9 January 2008, pp Sherif describes a helicopter incident following the Intervention, after which he escorted Bockarie on a trip to Monrovia. After his trip with bockarie, Sherif was tasked with opening a corridor Varmuyan Sherif, Transcript 9 January 2008, pp Varmuyan Sherif, Transcript 9 January 2008, p Case No.: SCSL T May2012

14 ECOMOG Intervention in 1998, weapons were being taken to Sierra Leone on a weekly basis, but afterward s Bockarie "took control" over the entire Lofa area. The fighters canied weapons in bags or in any way they could. Sherif was told that fighters were being paid $USD per weapon. Some weapons were exchanged for looted goods Sherif further testified that Taylor told him that he gave "some money" to Sam Bockarie and that Bockarie would obtain arms and ammunition from Lofa Count y through his commanders or by himself Prosecution Witness Dauda Arona Fornie Witness Dauda Arona Fornie testified that in mid-1998 he travelled to Voinjama to collect ammunition from Liberian ex-fighters who had buried their arms in the ground. After the commander responsible for that area assembled the ammunition, he would contact Mosquito. Mosquito would then send people to go and collect it. Such transactions started in early 1998 and occurred in Voinjama, Vahun and Foya, along the border area. Bockarie would send people, such as Kennedy and Sellay to make the transactions Mosquito would mainly send Sellay for these transactions.i 1688 Bockarie would give them "money like US dollars", which he obtained from Taylor during his trips to Monrovia. Mosquito told the witness that Taylor would give Mosquito $USD 10,000-20,000. Bockarie would say that "the Pa" had given him "something here", and would sometimes give the witness $USD 50 or $USD 100 out of what Taylor had given him The money for the purchases was not given directly to Fornie. Mosquito would give the money to the person who went to make the purchase. Fornie was on the ground at one point when Mosquito gave Sellay up to $USD 8,000 and told him to "go and hustle" for ammunition The witness then said that he saw Mosquito giving Kennedy money to go and meet Sellay. Sellay was a Liberian who was Vannuyan Sherif, Transcript 10 January 2008, pp Varmuyan Sherif, Transcript 14 January 2008, pp Varmuyan Sherif, Tran script 10 January 2008, pp ; Transcript 14 January 2008, p Sherif stated that no money was given to him by Taylor to make the purchases from ULIMO for Taylor Dauda Aruna Fornie, Transcript 2 December 2008, pp , ; Tran script 3 December 2008, pp Dauda Aruna Fom ie, Transcript 2 December 2008, p ; Tran script 3 December 2008, pp Dauda Aruna Fornie, Transcript 2 December 2008, pp Dauda Aruna Fom ie, Transcript 2 December 2008, pp Case No.: SCS L-03-0 I-T May 2012

15 3990/ from the Voinjama area and used to be an NPFL commander. That is why Mosquito made Sellay "the leader" I 1691 or "the foreman".i On cross-examination the witness explained that he only went to collect materials from Sellay, that he was not engaged in making the transaction, and that Sellay was the one who bought the materiel from the ex-combatants. Fomie stated that he never knew the people with whom the transactions were being made as he was not the one who made the transactions.i 1693 The witness further stated on cross-examination that he was present when Bockarie gave money to the group who went to go and buy materiel, that he did not receive the money himself and that he did not make the purchase himself, as he collected the materiel from Sel1ay and not from the ex-combatants Prosecution Witness TFI Witness TF1-371 testified that around 1997 the RUF purchased arms and ammunition from ULIMa. Initially the money came from Foday Sankoh. Bockarie also received 40,000 Liberian dollars but the witness did not know from where. Sam Bockarie told the witness that he transacted directly with Varmuyan Sherif. The witness himself was involved in two such purchases; one in 1997 and another one in The witness explained that the transactions with ULIMa were a "minor enterprise" Prosecution Witness TFI Witness TF1-367 testified that upon Bockarie's orders, he received from Superman 56 million Leones which was stolen from a bank in Koidu Town The witness then went to Buedu and handed the money over to Bockarie. He also gave Bockarie another Dauda Arona Fomie, Transcript 2 December 2008, p ; Transcript 3 December 2008, pp The witness was asked whether he had seen the cash transaction during the one trip he attended and answered that he had not. He only had cash for his lunch meal Dauda Arona Fornie, Transcript 2 December 2008, pp Dauda Arona Fomie, Transcript 4 December 2008, pp ; Transcript 5 December 2008, pp The witness insisted that he did not know from whom the weapons were bought, although in a prior statement it is recorded that he named "former NPFL and ULIMO-K fighters" as the ones from who they were buying ammunition from. See Dauda Arona Fomie, Transcript 5 December 2008, pp I Dauda Arona Fornie, Transcript 5 December 2008, pp , TFI-371, Transcript 31 January 2008, pp TFI_367, Transcript 20 August 2008, pp , Case No.: SCSL T 18 May 2012

16 37962 million Leones, which was given to him by the AFRC prior to the retreat from Freetown to give to the RUF in 1997, and a 12 carat diamond. I Approximately two months after the bank: robbery, and after the RUF retreated from Freetown, Bockarie took 25 million Leones out ofthat money and travelled with the witness and his bodyguards to Foya in Liberia. There they met an NPFL police officer called Ma Mary who took them to the Guinean border to exchange the currency into Guinean francs. From there the witness, Bockarie and Bockarie's bodyguards travelled to Voinjama. From there, Bockarie and his bodyguards proceeded to Monrovia, while the witness stayed in Voinjama to purchase ammunition from former ULIMa soldiers, upon Bockarie's orders. Although ULIMa was supposed to be disarmed, some ULIMa soldiers did not hand over their materiel and hid it in the bush. I In Voinjama, the witness was assisted by Colonel Kundi and an NPFL police commander to track former ULIMa fighters. When the witness would get a sufficient amount ofmateriel, he would contact the headquarters in Buedu with radio equipment which the NPFL police officer gave him. He would then inform the commanders in Buedu, usually Bockarie but Issa Sesay or Kallon in Bockarie's absence, and they would send a vehicle to pick him up from the border. The witness and the police commander's bodyguard, Captain Junior, would then go to load the police officer's car, a police jeep, with materiel the witness had purchased and assembled in one place. The two would then go back to Voinjama. They would then load the materiel onto the vehicle which was sent from Buedu and go back to Sierra Leone. I The witness took these trips after they retreated from Freetown and before Sam Bockarie had travelled to Monrovia to meet Charles Taylor. All in all, the witness attended two to four trips to Lofa County to purchase ammunition. Bockarie escorted the witness during his first trip to meet Ma Mary, and for the other trips the witness went on his own TFl-367, Transcript 20 August 2008, pp TFl-367, Transcript 20 August 2008, pp ; Transcript 29 August 2008, pp , The witness distinguishes between his trips to Voinjama to purchase materials, which occurred after they retreated from Freetown, from his purchases from ULIMO before the AFRC called the RUF to join them in Freetown which he made from Foya at the border. The witness stated that the first group he met was "Kundi at the border line in Foya" TFl-367, Transcript 20 August 2008, pp Case No.: SCSL T May «"

17 39C/o3 The witness would usually stay there for about two weeks, locating the hidden materiel and cajo. l' mg the ex- figh I ters m. ord er to convince. them to se11 th err. matene Other than funding the purchases from ULIMO with the stolen money from Koidu Town and the money given to the witness in Freetown, the RUF also used money they received from selling goods and agricultural products to the Guineans at the border Prosecution Witness Jabaty Jaward Witness Jabaty Jaward was confronted on cross-examination with a prior statement in which it is recorded that he had told his investigators that he knew Varmuyan Sherif in 1996 "when he was fighting for the ULIMO-K". Jaward explained that he knew about Varmuyan Sherif in 1996, during the time the RUF was making contacts for arms and ammunition with ULIMO-K fighters along the Liberian border. This was during the disarmament process in Liberia. The witness stated that he never knew of Sherif making a direct transaction at the time nor saw Sherif with weapons to sell, but his name was mentioned among the various commanders within ULIMO at that time along the border The Accused The Accused denied that he ordered, "in effect", a free zone in Lofa in order enable trade of arms and ammunition at the border. He denied knowing that such a trade occurred, calling the ULIMO men "crooked". The Accused questioned why he would tell ULIMO to sell their weapons when his own security and police forces had no arms at the time. He stated that when he found out after he was elected that ULIMO had hidden arms, in August 1997, he called Sherif who was "more senior there". Taylor then asked Sherif what he can do about it, and Sherif answered that to prove his loyalty to Taylor's government he will go to Lofa and bring "whatever" he could find TFl-367, Transcript 20 August 2008, pp TFl-367, Transcript 29 August 2008, pp Jabaty Jaward, Transcript 15 July pp Charles Ghankay Taylor, Transcript 29 October 2009, pp , Case No.: SCSL T 1811.: 18 May 2012

18 5309. The Accused also stated that in late 1998, although he was the President of Liberia, people like Sherif, a former general of ULIMO-K, had "real control" and infl uence over former ULIMO-K members in Lofa Defence Witness Issa Sesay Witness Issa Sesay testified that after the RUF retreated from Freetown, in February 1998 and until the Freetown invasion in January 1999, Bockarie sent an RUF member to Kolahun to buy buried ammunition from ULIMO Sesay also testified that he first met Sherifaround April 1997, when Sherif sold ammunition to Bockarie. At that time Sherif was acting as a ULIMO general. He was not working for the Liberian govemment, as this was before the Liberian electi ons After those two times, Sesay saw Sherif in 2000 going to Monrovia. Sesay heard in 1998 that Sherif was working with Taylor' s govemment Defence Exhibit D Defence Exhibit D-009 is a salute report from Sam Bockari e to "the Leader of the Revolution", i.e. Foday Sankoh, authored on 26 September In his report, Bockarie writes that he established a "Defence Headquarters" in Kailahun immediately after Freetown fell. Bockarie then writes that "back at the headquarters I renewed my contact with ULIMO and tried to secure materials from them. It was out ofthese materials that 1gave Superman a good quantity to attack and capture Kono" Deliberations The Prosecution contends that the Accused instructed Vannuyan Sheri f to encourage ULIMO fighters along the Sierra Leone-Liberian border to sell arms and ammunition to the RUF, that Sherif fulfilled his assignment, and that as result of that a large number of former ULIMO fighter s sold their arms and ammunition to the RUF Furthermore, the Charles Ghankay Taylor, Transcri pt 29 Oc tober 2009, pp Issa Sesay, Transcript 20 July 20 10, pp Issa Sesay, T ranscript 6 Jul y 20 10, pp Issa Sesay, Transcript 6 Jul y 20 I0, pp Exhibit D-009, "RUF De fence Headquarters, Salute report to the Leader of the Revoluti on, RUF/SL, from Major General Sam Bockarie ", pp. 4-5, ERN Prosecution Final Tri al Brief, para Case No.: SCSL-03-0 I-T 1812.e: 18May 201 2

19 Prosecution submits that the Accused provided money to the RUF in order to purchase the ll7 lo arms and ammunition from ULIMO The Prosecution relies on the testimony of Varmuyan Sherif that after the ECOMOG Intervention the Accused instructed him to "open a corridor" between ex-ulimo fighters in Lofa County and RUF-held-territories. 1l711 After he fulfilled his mission, Sherif observed that ex-ulimo fighters were selling their arms and ammunition individually The Trial Chamber finds that the Defence's characterization of Sherif's actions is inaccurate. The Defence argues that it is unclear why the Accused would send Sherif to "kick-start" an already established relationship, as the RUF was already making purchases from ULIMO prior to Sherif's alleged assignment. ll713 The Trial Chamber agrees, as it has found,11714 that the RUF was trading with ULIMO from around November 1996 and until May 1997, when the AFRC took power over Sierra Leone However, the extent of the trade between the RUF and ULIMO before the Junta period was minor, compared to the trade which occurred after the fall of the Junta in February Prosecution witness TFI-367, who was involved in the transactions with ULIMO stated that the trade before "Johnny Paul called" the RUF, meaning before the Junta period, was at the border from Foya. The witness distinguished the trading with ULIMO after the fall of the Junta, which occurred in February 1998, stating that during that period the RUF/AFRC would go into Liberia, to Voinjama. TFI-367 described how he would stay for about two weeks in Voinjama making these purchases, as he had to "cajole" the ex ULIMO fighters. 1l715 The Trial Chamber notes that TFI-367 was confused in regards to dates, as he, for example, placed the retreat from Freetown in 1997,11716 instead of Moreover, the evidence shows that during the Junta period, between May 1997 and February 1998, there was almost no trade between the Junta and ULIMO, and that the trade was renewed after the ECOMOG Intervention. Prosecution witness Dauda Aruna Fornie Prosecution Final Trial Brief, para Varrnuyan Sherif, Transcript 9 January 2008, pp Varrnuyan Sherif, Transcript 14 January 2008, pp Defence Final Trial Brief, paras 1056, Arms and Ammunition: Allegations that the Accused Facilitated Supplies, Supplies from ULIMO TFI-367, Transcript 20 August 2008, pp ; TFI-367, Transcript 29 August 2008, pp , TFI-367, Transcript 20 August 2008, pp Case No.: SCSL-03-0 I-T 18 May 2012

20 testified that the transactions with the ex-liberian fighters in areas in Lofa County in Liberia started in early Prosecution witness TFI-367 described two time periods for the transactions with ULIMO; the first being before the Junta period and the second after the RUF retreated from Freetown. li7l g In Exhibit 0-009, Bockarie describes how he renewed his contacts with ULIMO after Freetown fell. I 1719 Defence witness Issa Sesay testified that after the RUF retreated from Freetown, in February 1998 and until the Freetown invasion in January 1999, Bockarie sent an RUF member to Kolahun to buy buried ammunition from ULIMO. 1I The break in the trade between the RUF and ULIMO, and the reason for the Accused to send Sherif in order to renew the trade, can be explained by the two major political events which transpired during these time periods; the Junta coup which brought the relocation of the RUF headquarters from Kailahun District to Kenema District and Freetown, and the reestablishment of the headquarters in Kailahun District close to the border after the ECOMOG Intervention; and the inauguration of the Accused as the president of Liberia in August The Accused denied that he ordered Sherif to facilitate a free-zone in Lofa County in order to enable the trade of arms and ammunition at the border. The Accused asserted instead that his own police and security forces had no arms of their own, and that he would have requested the arms for his own forces. 1I721 However, the Trial Chamber has found that the Accused ordered Sherif to bring arms and ammunition from ex-ulimo fighters to Monrovia, that the first three shipments were brought to Monrovia, but that the Accused told Sherif to give the fourth shipment ofmateriel from ULIMO to Bockarie, and that Sherif did SO.II722 The Accused then ordered Sherif to open the "corridor" to make sure that a trade between the RUF/AFRC and ULIMO takes place without the need of the Accused interfering as an intermediary Dauda Arona Fornie, Transcript 2 December 2008, pp , 21529; Dauda Arona Fornie, Transcript 3 December 2008, pp TFl-367, Transcript 29 August 2008, pp , Exhibit D-009, "RUF Defence Headquarters, Salute report to the Leader of the Revolution, RUF/SL, from Major General Sam Bockarie", pp. 4-5, ERN Issa Sesay, Transcript 20 July 2010, pp Charles Ghankay Taylor, Transcript 29 October 2009, pp , Arms and Ammunition: Allegations of Direct Supply by the Accused, During Sam Bockarie's Leadership (February 1998-December 1999). Case No.: SCSL T 1814 / 18 May 2012

21 zqqdt The Accused also stated that in late 1998 Sherif, a former general ofuumo-k, had "real control" and influence over former UUMO-K members in Lofa, as opposed to the Accused who was in charge of Lofa County only as the Liberian president Indeed, Sherif himself agreed that after his election the Accused had "very little influence" in the Lofa County area until towards the end of 1998, when he began to deploy armed forces there, and that in 1998 former combatants were selling arms and ammunition to the RUF because they had no other form ofincome The Trial Chamber therefore finds that the Accused did not have influence over former UUMO combatants in Lofa County. In the Trial Chamber's opinion, that is the reason the Accused sent Vannuyan Sherif to Lofa County, as Sherifdid have influence over the ex-uumo combatants, and was therefore in a position to ensure that the trade between the RUF and UUMO continued freely The Defence submits that Sherif himself had been a part of the trade between the RUF and UUMO, doing so independently of the Accused, and that it is therefore unlikely that the Accused sent Sherif to engage in a trade which he had been doing independently.v'j'" Moreover, the Defence submits that Vannuyan Sherif is an accomplice witness who sought to mask his longstanding involvement in selling arms and ammunition to the RUF as a member of UUMO by attributing his activities to the Accused, that he tailored his evidence to support the Prosecution's case, and that his testimony should be treated with caution. I Indeed, Prosecution witness TFI-371 testified that Bockarie told him that he transacted directly with Vannuyan Sherif, and that the trade with UUMO took place in This evidence is supported by the testimony of Defence witness Issa Sesay who testified that the RUF was transacting with Vannuyan Sherif and Abu Keita as part of the trade with UUMO before the Junta period.1173o Prosecution witness Jabaty Jaward testified on cross-examination that he heard Sherif's name in connection with these transactions, as a UUMO commander during that time, although he said he did not know of direct Charles Ghankay Taylor, Transcript 29 October 2009, pp Vannuyan Sherif, Transcript 14 January 2008, pp Vannuyan Sherif, Transcript II January 2008, p Defence Final Trial Brief, paras 1056, Defence Final Trial Brief, paras 1089, 1137, Defence Final Trial Brief, paras TFI-371, Transcript 31 January 2008, pp Issa Sesay, Transcript 6 July 2010, pp Case No.: SCSL T 181/ 18 May 2012