The Special Court for Sierra Leone will observe its annual Judicial Recess effective July 21, 2008. Hearing in the Charles Taylor case will resume at 9:30 a.m. on Monday August 18, 2008. Blogging of the Taylor Trial on this site will re-commence as soon as the trial resumes.

Defence Counsel Terry Munyard continued his cross-examination of witness Jabati Jaward in open session. Charles Taylor is present. Courtenay Griffiths began by stating that the Defense regards the memo of Anders Beckman with total dissatisfaction and suggested: 1) the Court to order the Registrar for a full inquiry why it was necessary to conduct a strip search of the accused and 2) the Court to order the Registrar to conduct a regular research of detention to investigate whether Taylor performs any illegal activities. The Defense stated that a prisoner can only be researched if (there is the suspicion that) he has prohibited items in his possession. In the research mentioned above the Registrar should investigate whether inspections of Taylor are necessary, in order to prevent repetition of what happened yesterday. The Court conferred. Meanwhile Taylor handed over some documents to Griffiths. The Court did not find it necessary to grant reply to the Prosecution. The Court considered the Special Rules to be applicable (rule 59); the Registrar should conduct a research into these matters. The Registrar asked to be excused before the continuance of the examination of the Witness. Prosecution asked to complete the testimony of the Witness today. 

Influenced by trial?

The Defense asked Jabati Jaward whether he met a number of other Prosecution witnesses in 2007 in Tembe Town, Freetown. Jaward stated that he did not talk with these persons about his contact with the Court. The information was only for the Court, therefore he never disclosed any information to anyone else. Further the Defense asked Jaward whether he followed the trial in the media and the evidence that had been given during the time he was in Freetown. Jaward stated that he did not follow the trial closely, was not aware of every piece of evidence, and was not encouraged to add in things, but heard that for instance Isaac Mongor, senior RUF member, testified. After these two attempts the Defense focused on the money that was paid by the OTP to the Witness. Thanks to that money he could go to Sierra Leone. The Court also paid for and will continue to pay his education fees.

Interview notes

The Defense refered to the cross-examination of last Wednesday, in which the Witness stated that there were ‘corpses on the ground and so on’ when Sylvester rescued him. In the interview notes of August 2007 the Witness did not refer to that. According to Jaward, he mentioned that in the interview, but it is the fault of the interviewers who made the notes that it is not included. They never read interviews back to him. On Wednesday last the Witness stated that he was almost executed for the first time, the Munyard asked if he was also almost executed a second time. Jaward confirmed this and explained that he was arrested while driving a bus full of wounded soldiers for Doctor Makuna to Monrovia. However, he was supposed to be in hiding and not to move. Someone noticed and told Yeaten that he was trying to escape. He was arrested and taken to the base at the order of Yeaten. However, Jungle came to Jaward and stopped the imminent execution. Munyard questioned whether he was such an important person that he was up for execution twice.

High Command

Jaward knew High Command and often spoke with him after he had been rescued by Sylvester. Munyard inquired if Jaward had been aware that High Command was a kind of investigator to Sam Bockarie because Bockarie and his men caused problems to the Ivorian rebels they were supposed to fight with. Sorogaye, a rebel leader from the northern part of Ivory Coast ordered his men to attack Sam Bockarie and Sam Bockarie killed Felix Doe in that fight which caused a war. According to the Defense that is the reason why Sam Bockarie fled into Liberia. High Command went off to a meeting with Yeaten, Blah and others to discuss how to deal with Sam Bockarie and subsequently he went with Yeaten and others to execute Bockarie. High Command shot him dead with a group of ten men some distance away from a village. All this information is not familiar or known to the Witness. High Command neither told him when he saw him again in Monrovia.

ATU - handwritten lists

The Witness was asked if he knew if Sam Bockarie had contact with Charles Taylor. Jaward confirmed this, but added that there was no direct contact. Munyard called attention to the three handwritten lists, all dated 10 March 2002, that were marked by the Witness on 14 July 2008. Jaward was not able to indicate how many soldiers the ATU entailed. The Witness marked the lists also previously, outside the Court. The lists were presented twice to Jaward before he came to this Court and once while in this Court. All three times Jaward received the same set of papers but marked some people differently on the various lists each time. Jaward is now indicating regarding a lot of names that he is not sure whether they are alive or dead. For another number of names he corrected the previous list as he was remembering the nicknames of persons and could therefore identify them. According to Jaward he knows what happened with the people on the lists because he investigated this when he returned to Sierra Leone.

ATU - typed list

The Defense handed out new documentation. On the front cover it had a badge of the ATU. It included a list of ranks and names with a payment rate. On page 24 there is a list of Sierra Leonians and their ranks. Handwritten date is 4-19-03. Also other names are added to these names; these are names of wives. They signed for receiving the payment. Captain Jabati Jaward is included with a rate of USD 80 and not USD 225 as the Witness proclaimed. Jaward is confronted with the fact that he said that these lists were destroyed at the order of Chuckie Taylor. The Defense accused the Witness of lying regarding the destroying of lists and the non-existence of a list with Sierra Leonians. At comparison of the lists it was established that nearly all the names correspond, only a few names are not included in the typed list.

Re-examination in chief by Mohamed Bangura

Bangura tried to lift out some statements of the Witness that would restore his credibility and link Charles Taylor to the situation. He referred to the 16 July 2008 transcript of the Court sessions regarding diamonds. Jaward indicated that he saw Jungle with Sam Bockarie in 1999 dealing with arms and ammunitions in Buedu and stated that the supplies from Liberia got larger; a second supply for arms and ammunition had to be created. The arms and ammunition were coming from Liberia, escorted by Charles Taylor’s security people: Jungle, etc. The diamonds were given to Jungle for the benefit of Charles Taylor. Jaward stated to have been present and seeing the diamonds being given to Jungle. Jaward said not to have gone to Cocopa with Sam Bockarie, but had learned about these facts from his wife and brothers.

The Court had no questions for the Witness and Presiding Judge Doherty dismissed the Witness.

Court was adjourned until 18 August 2008 9:30 a.m.

After the mid-morning break munyard continued his cross-examination discussing the handwritten lists of ATU. Several other persons were named of whom Jaward was not sure whether they are indeed dead or alive. It was put to the Witness that it was complete guesswork what he was doing while marking the lists with Xs. Jaward stated that he was not sure of some of the names due to the existence of nicknames. The Defense then refered to another list, a typed one, with on the front cover a badge of the ATU. It included a list of ranks and names that also mentioned Sierra Leonians. The date 4-19-03 is written next to the names. Nearly all the names (though not all) on the typed list corresponded to the names on the handwritten lists. Munyard put it to Jaward that he was lying about the fact that all ATU lists that included names of Sierra Leonians were destroyed at the order of Chuckie Taylor.

In the Re-examination in chief Prosecutor Mohamed Bangura refered to the 16 July 2008 transcript of the cross-examination. Jaward stated there that Sam Bockarie gave diamonds to Jungle for Charles Taylor and that he received arms and ammunition in return. Jaward was present once when Sam Bockarie and Jungle met and talked about this. The diamonds were referred to as parcels.

Having no further questions for the Witness, Presiding Judge Doherty dismissed the Witness, the Court entered into identification and registration of documents from both the Prosecution and the Defense and submitting them as exhibits.

At 2 p.m. Court adjourned until 18 August 2008, 9:30 a.m.

Friday July 18th, 2008: Cross-Examination of Witness Jabati Jaward Continues

9:30 a.m.: Defence Counsel Terry Munyard continued his cross-examination of witness Jabati Jaward in open session. Charles Taylor was present. Courtenay Griffiths began by commenting on the search on Charles Taylor. The Court considered the Special Rules to be applicable (Rule 59); the Registrar should conduct research to these matters. The Prosecution asked to complete the testimony of the Witness today. Defense Counsel Terry Munyard started his cross-examination by asking if Jabati Jaward encountered other Prosecution witnesses in Freetown in 2007 and if Jaward followed the Court proceedings. Munyard put to Jaward that the Court made it possible for him to go to back to Sierra Leone and that the Court is paying for his education. Subsequently Munyard asked why a number of things Jaward mentioned last Wednesday where not included in the previous interview notes of the Prosecution. Jaward blamed the interviewers for not making full notes of the interviews and denied that anyone encouraged him to add comments to match the evidence of other Prosecution witnesses. 

Furthermore the second almost-execution of the Witness was subject to the cross-examination and the relationship Jaward had with High Command and the part this person had in the death of Sam Bockarie. Although the Prosecution was objecting because the Defense was “seeking to damage the credibility of the Witness”, the Court allowed the Defense to proceed. At the end of the morning session, the Defense pointed out several discrepancies between the lists of ATU dated 10 March 2002 marked on Monday last by the Witness and the lists previously marked by the Witness, outside the Court.

Court adjourned at 11.30 a.m. for the mid-morning break.

9:30am: Upon resumption of proceedings at 9:30am, defence counsel for Mr. Taylor, Courtney Griffiths made an application for the court to move into private session because based on the issues to be discussed, such private session will protect the interest of justice. Prosecution had no objection to the court moving into private session.

The court moved into private session.

When the court resumed in open session, the Trial Chamber granted Defence application for an adjournment of proceedings. The Chamber also ordered the Registry to immediately meet with Mr. Taylor. Presiding Judge, Justice Dougherty adviced that the Registry personel should first confer with defence counsel before meeeting with Mr. Taylor.

Count adjourned and will resume aft 9:30 on Friday July 18, 2008.

Tuesday July 16, 2008: Daily Summaries

9:30am: Defence counsel Terry Munyard continued his cross-examination of witness Jabati Jaward in open session.

Arms Trade with ULIMO K

Defence counsel asked witness whether he knew that from 1997 upto the end of the war, ULIMO traded arms with RUF. The witness responded that he did not know of such trade in this time period. The witness said that when ULIMO traded arms with the RUF, it was mainly a barter system of trade in which the RUF gave the ULIMO fighters looted goods in return for arms. Defence counsel asked the witness whether he knew that ULIMO fighters in Lofa County who were not paid their salaries sold their arms to RUF. The witness said he did not hear of that. Defence further suggested that all factions, including ULIMO, NPFL and the Liberian Peace Council sold arms to the RUF. The witness denied any knowlege of this as well. Defence counsel also suggested that Jungle and others could have got arms from ULIMO and sold them to RUF. In response, the witness said that the only source of weapons that he knew of was Charles Taylor.

Diamonds

Defence coinsel asked the witness whether he had said to the prosecution that while Bockaarie received diamonds, he did not know what such diamonds were used for. The witness denied saying so. Defence counsel also asked the witness whether he had said to the prosecution that he did not know if Jungle brought arms to Sierra Leone in exchange for diamonds. The witness responded that while he did not know of the specific diamonds that were given to Jungle in a percel, he know that Jungle had come with arms but that the trick had got stuck close to Buedu.

Inconsistencies

Defence counsel pointed several inconsistencies in the witness’s written statement to the prosecution and that of his oral testimony in court. The witness stated that while there were certain mistakes in earlier statements he made to the prosecution, he had taken time to correct them when they were read to him.  Defence counsel pointed out a protion of the witness’s written statement where he said he had stayed in a hut at Issa Sesay’s house between 1998 to 1999. The witness said that he first stayed at Bockarie’s house, then was later moved to the hut in front of Issa’s house. the witness said that despite this, he still spent most of his time at Bockarie’s house since he was the store keeper there.

Anti-Terrorist Unit (ATU)

Defence counsel asked the witness whether he knew how many Sierra Leone fighters had been recruited into the ATU. The witness responded that he couldnt say how many of them had joined since there were different batches of trainees. The witness, however, said in his own batch, 120 Sierra Leoneans went through the training. The witness said they joined the ATU because they had been told that that was the only way they could earn a living a Liberia and be properly secured there. The witness could not say how many Sierra Leoneans crossed to Liberia as Bockarie’s followers. The witness said that when it got to a time for them to be disarmed as ATUs, their names were no longer on record. The witness said that they maintained a list of Sierra Leoneans who were part of the ATU. Defence said that the list submitted to the witness in court for identification of those allegedly killed by Taylor’s forces contained 189 names while the witness had said that more than 200 Sierra Leoneans had joined the ATU. The witness says he only knew the names of the Sierra Leoneans in his group.  The witness added that many Sierra Leoneans in the refugee campss had also joined the ATU. Defence counsel suggested that the witness only added this portion to his testimony so that the number of Sierra Leoneans on the list will add up to more than 200. The witness disagreed.

Attemps to Escape from Liberia

The witness stated that as ATU, there was a time when they went without salaries for about six months. Defence counsel asked why the witness had not tried to escape to Sierra Leone. The witness responded that he tried to escapoe and even held discussions with the Sierra Leonean ambassador but he was afraid to move because the ATUs at the border would have stopped him. The witness said he also could not send his family back except to stay at the refugee camps.

Sam Bockarie

Defence counsel asked the witness whether he knew of any meeting between Taylor and Obasanjo where it was agreed that Bockarie should be prevented from going to Sierra Leone. The witness said he knew of no such meeeting. Defence coulsel took the witness through Bockarie’s trip and activities in Ivory Coast. Defence asked whey the witness and his colleagues had been flown to Ouagadougou airport, instead of another airport which was close to the border with Ivory Coast where they were supposed to fight. The witness said he did not know why the authorities had used that route. Defence coulsel asked the witness whether he knew that MODEL rebels were supported by the Ivorian givernment. The witness said he did not know of that. Defence counsel asked the witness whether he know of information that Bockarie had killed Felix Doe., and that the other rebels had chased Bockarie from Ivory Coast and he had run back to Liberia. The witness said that it was a wrong allegation against Bockarie. He said that it was Taylor who recalled Bockarie to Liberia. Defence counsel asked the witness whether he heard of rumours that Bockarie had tried to overthrow Bockarie. The witness said that Bockarie told him that some other people had told him to help overthrow Taylor but he had refused. When Bockarie was arrested, he had to tell his captors that he will corporate with them and that he moved ahead and informed Taylor about this, who subsequently asked him to return to Liberia. The witness said that whe Bockarie returned to Liberia, he was killed on instructions of Taylor. Defence counsel asked the witness whether he knew Blah was involved in the killing of Bockarie. The witness said no.

2:30pm: Court resumed and defence counsel Terry Munyard continued his cross-examination of Witness Jabati Jaward in open session.

Defecne counsel asked the witness about his knowlege of rumours that Bockarie was planning to overthrow Taylor in Liberia. Witness responded that he heard no such rumours but that Bockarie told him some people from Burkina Faso had spoken to him to help overthrow Taylor, an information which Bockarie said he passed onto to Taylor.

Defence counsel spent the remaining time highlighting inconsistencies in the witness’s written statement to the Prosecution and what he has said in his oral testimony in court. The witness insisted that such mistakes were made by the prosecution.

The court adjourned for the day.

12:00pm: Defence counsel Terry Munyard continued his cross-examination of witness Jabati Jaward in open session.

Defence counsel asked several questions about witness’s work as a member of the ATU in Liberia and how many of said Sierra Leonean ATUs were allegedly killed. The witness said that more than 200 of said ATU were killed. Defence raised questions about why witness only said in open court and not in his written statement that Sierra Leoneans from the refugee camps in Liberia had also joined the ATU.

Defence questioned the witness as to why he did not escape to Sierra Leone when his salary as an ATU officer was not paid for over six months. Witness explained the efforts he made to do so. Defence also took the witness through questions relating to the meeting held between Taylor and Obasanjo where it was agreed that Bockarie should be prevented from going to Sierra Leone.

The witness was asked several questions about his involvement in fighting in Ivory Coast against MODEL rebels.

Court adjourned for lunch.

9:30: Court resumed and defence counsel Terry Munyard continued his cross-examination of witness Jabati Jaward in open session.

Defence counsel Munyard asked several questions about arms trade that existed between the RUF and ULIMO and other factions in the Liberian region. The witness agreed that some form of arms trade took place with ULIMO through a bartter system where arms were sold by ULIMO fighters in exchange for looted goods. Asked whether he knew that all factions including NPFL, ULIMO, and the Liberian Peace Council sold arms to RUF, the witness said he was not aware of that.

Defence counsel furthere went through the witness’s written statement to the OTP which related to diamonds allegedly given to Jungle for Mr. Taylor. Witness said that while there were inconsitencies with his oral testimony in open court, those written statements were probably misquoted.

Defence counsel also asked the witness several questions about the number of people that followed Bockarie when he left the RUF for Liberia and how many of them were trained in the ATU.

Court adjourned for mid-morning break.

Tuesday July 15, 2008. Daily Summaries

9:30: Court resumed and defence counsel Terry Munyard continued his cross-examination of witness Jabati Jaward in open session. During said cross-examination, defence counsel Munyard sought to solicit information on different issues relating to the witness’s examination in chief as well as questioning the witness’s credibility.

Monies Given to Witness by Office of the Prosecutor (OTP)

Defence counsel asked several questions about monies given to the witness by OTP since they established contact with him up to the time of his present testimony in court. The witness admitted to having received monies from the OTP but that they were in no way related to buying his testimony. Defence counsel mentioned dates when the witness did not make statements to the OTP but received money from them. Defence counsel also asked as to whether the witness received any money for the registration of his Liberian taxi in Sierra Leone. The witness said that he received no such money and that since he took his taxi to Sierra Leone, he has not moved it from the compound where it is packed because he has been busy with school work. He stated that all monies given to him by the OTP were specifically for transportation, lost wages when he met with them, medical treatment and for relocating his family from Liberia to Sierra Leone. Defence counsel pointed out that the OTP has so far given the witness Le. 32, 000,000. Defence suggested to the witness that his evidence could have been infleuneced by the money given to him. The witness disputed this claim.

Inconsistencies

Defence counsel sought to establish inconsistencies in the witness’s prior written statement to the OTP and that of his oral testimony in court. Defence counsel pointed out that the witness said in his oral statement that in 1993, he was a civilian living in Sierra Leone and only worked as a labourer when the RUF came to his town. The witness disputed this claim, stating that he had alrrady undergone training but that he as not involved in active fighting. He said that the person who obtained the statement could probably have misquoted him. He said that he made efforts to correct many portions of his statement where the wrong notes had been taken.

Defence counsel also asked the witness whether he had said that ULIMO K fighters had occupied the Sierra Leone Liberian border in 1993. The witness admitted he said so. Defence counsel put it to the witness that Vamunya Sheriff, who was part of ULIMO had testified in before this court that ULIMO had only fought there in 1994-95.

Defence counsel further pointed out that the witness had said in his written statement that he had known Vamunya Sheriff since 1996 when he was a member of ULIMO, compared to his oral testimony that he met Vamunya Sheriff in 2000 when he was part of Taylor’s security forces. The witness stated that he was probably misquoted in said statement as what he meant was that he had heard of Vamunya Sheriff since his fighting days with ULIMO but only met him personally in 2000. Defence counsel also pointed to a portion of the witness’s written statement where he said he had seen Vamunya Sheriff in 1998. Witness responded that he was misquoted and that he only saw Sherriff in 2000. Defence counsel again pointed out a portion of the written statement where witness said he saw Sherriff in Buedu immediately adter the junta overthrow. The witness insisted that he was misquoted. Defence counsel also asked the witness whether he had said in his written statement that when Morris Kallon went to Liberia after Top 20, he had come back with arms and ammunition. The witness said he was again misquoted as Kallon did not come with any arms and ammunition.

Defence counsel asked the witness whether he had said that he travelled with Sam Bockarie or David Musa to purchase arms from ULIMO. The witness said that he did not say so but had said that when he first went to ULIMO, it was to negotiate a cessation of hostilities between said ULIMO and RUF and that it was on the next trip that arms and ammunition were purchased from ULIMO.

Defence counsel asked the witness why he only told the OTP that Vamunya Sherriff and Sam Boickarie had travelled together to purchase arms and ammunition in March of this year. Defence counsel asked the witness whether he was told by someone to say so after Vamunya Sheriff had said the samething during his testimony before this court. The witness said no one told him to say so and that he does not know any details of Vamunya’s testimony. Defence counsel put it to the witness that he was telling lies. The witness disputed defence counsel’s assertion.

Court adjourned for the day.