14 March 2008
The ongoing Taylor trail in The Hague continues to unearth surprises with some of the key operatives of the former president and rebel leader not only denouncing him but also serving as witnesses for the prosecution that is seeking his eternal placement behind bars for alleged war crimes and crimes committed against Sierra Leoneans.
One of the fresh evidence for the prosecution, who alleged that he was the Chief of Operations for the war machine of Charles Taylor, has said that he was ordered by his former boss to bury in the most ignoble manner, a pregnant woman for reasons best known to Taylor.
The trial that has now gone on for several months, recently witnessed the testimony of one ex-NPFL former fighter, in person of Zigzag Marzah.
Mind moving as the testimony, the Analyst brings its many reader this special coverage of the testimony that left many hearers spellbound.
A former fighter of the defunct National Patriotic Front of Liberia (NPFL) has taken the witness stand in the ongoing trial of former President Charles Taylor and told the court that he (Taylor) ordered a lot of atrocities in Liberia and Sierra Leone during the course of the conflict.
According to the ex-fighter, who claims to be an NPFL insider, he "Zigzag" Marzah was ordered by Taylor to commit atrocities in both Liberia and Sierra Leone, and that he also traded arms for diamonds with the Revolutionary United Front (RUF)
From the scripts of his trail reports, which were posted on the internet since March 12, the prosecution attorneys seek to call a new witness and applied to the judges to omit the scope and length of witness's examination and cross-examination.
But the judges denied the request to limiting the cross-examination. Based on this issue, the new witness, Joseph D. "Zigzag" Marzah, took the stand. Making his testimony, Marzah recounted that he was with Taylor's National Patriotic Front for Liberia (NPFL) from the very beginning to the end and that he had risen to become Taylor's Chief of Operations.
He recounted numerous atrocities committed in Liberia and Sierra Leone, all of which he said had been ordered by Taylor. He also claimed that near the end of the Sierra Leonean conflict, Taylor ordered him to execute Revolutionary United Front (RUF) commander Issa Sesay, who was at the time cooperating in the Peace process at the time.
In addition to Taylor's orders, Marzah alleged that Taylor directly participated in the burying alive of a pregnant woman in Monrovia. He further alleged there was arms-for-diamonds trading between Taylor and the RUF in Sierra Leone, a claim he did not elaborate.
Opening the counter arguments into the allegations raised by the witness, the Lead Prosecutor Brenda Hollis explained to judges that rather than continue with the witness who was still testifying at the end of the on the day before (Isaac Monger), the prosecution would seek to call for a new witness.
The trial chamber which had earlier denied close session for the witness, said that the global ruling the witness was only willing to testify if additional measures were put in place to protect him and his family.
For logistical reasons not described in court, these protective measures can only be undertaken this week and shortly after the witness's return home.
For this reason, the witness would be unavailable after Friday.
The prosecution applied to the chamber to limit direct examination to one day, and the defense cross-examination to one-and-a-half days, or two days if court sits exceptionally in the afternoon on Friday. Hollis cited legal precedents for such limitations on the length of the cross-examination.
Lead Defense counsel Courtenay Griffiths argued that he did not know what the witness would say, and therefore would not be fulfilling his duty to his client if he agreed in advance to limit his cross-examination.
He argued that the chamber has an overriding duty to justice and fairness, and that concerns for witness safety and protection should not limit the right of the accused to a fair trial, including the right to full cross-examination. Griffiths cited various provisions of the Special Court's Rules of Procedure and Evidence, as well as a legal ruling at the Yugoslav tribunal.
After hearing a reply from Hollis, who argued that the rights of victims and witnesses must be balance with the rights of the accused, the judges retired from the courtroom to consider the arguments.
Upon returning, Presiding Judge Teresa Doherty announced their ruling: that it would not be in the interest of justice to grant the prosecution request for limits on cross-examination. The prosecution nonetheless called the new witness to the stand, in hopes that he might complete his testimony before the week ends.
Direct examination of "Zigzag" Marzah
The new witness was Joseph D. "Zigzag" Marzah, a Liberian of the Gio tribe. Marzah testified that he was one of 17 members of Taylor's NPFL who invaded Liberia from Ivory Coast on December 24, 1989, when his direct commander was Prince Johnson. After early infighting in the NPFL, Taylor ordered Marzah's release from a container burned by NPFL Special Forces, in which around 20 other Johnson loyalists died.
Marzah swore his loyalty to Taylor and fought under his command. Marzah testified that while Prince Johnson's forces were disciplined if they abused civilians, under Taylor they were encouraged to rape and loot; he alleged that before Taylor became president of Liberia, his forces did not receive a salary, but were encouraged by Taylor to compensate themselves by stealing from civilians.
He described NPFL checkpoints where human intestines were used as rope and strung across the road, and human heads were placed on sticks; he said that Taylor had seen many of these checkpoints.
Marzah described Taylor's introduction of Foday Sankoh to the NPFL. Later, after Marzah said Taylor had developed complete trust in him, Taylor allegedly sent Marzah to accompany Sankoh on a second incursion into Sierra Leone in 1991, where Sankoh was to become a leader.
Marzah said that when his NPFL men captured Koindu, Sierra Leone, Sankoh cried over the dead civilians and soldiers and burned houses. Marzah said he called Taylor on the radio to complain of Sankoh's weakness, and that Taylor assured him Sankoh would get used to it.
Marzah described serving in a number of NPFL units after his return to Liberia, including the "Death Squad", responsible for executing soldiers who did not obey Taylor's orders.
Marzah testified that when the ULIMO faction controlled Lofa County, Taylor gave him money to buy kola nuts and bribe Guinean border officials to take the nuts into Guinea. After this worked twice, the new route and relationships were used to transport arms and ammunition, hidden under the kola nuts, to Kissidougou, from where they were transported to the Liberian embassy in Guinea for onward smuggling to the RUF in Sierra Leone.
Marzah said that after ULIMO disarmed to join a government of national unity, the roads to Sierra Leone were open to him, and he took between 20 and 40 shipments of arms and ammunition to the RUF, always at Taylor's order.
He described some of these deliveries, and said that when he rode at the front of the convoy, they were never stopped at checkpoints because everyone knew he was Taylor's Chief of Operations.
The prosecution asked Marzah about diamonds, and he testified that he had escorted diamonds or people carrying diamonds to Taylor on many occasions.
He described in detail one very large diamond brought by Sam Bockarie ("Mosquito") to Taylor. Marzah said Taylor was impressed and gave himself and Bockarie money, along with a large quantity of ammunition to take back to Sierra Leone.
He then described a subsequent trip with Bockarie to deliver a jar of diamonds to Taylor, and Taylor's decision to introduce Bockarie to officials in Burkina Faso who could sell weapons to the RUF.
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