[10/18/2022] Day 7: the murder of a woman
The President indicated that two witnesses were going to be heard concerning the acts committed in Foya Dundu in 1993 to the detriment of KT, FP and then FG, KT’s brother. One of the witnesses, KT, having died, the President said that he would read his testimony. As for NS, he is still hospitalized.
Hearing of FP as a witness called by the Public Prosecutor
FP said that he was a farmer in Foya Dundu and that he lived in the same neighborhood as the victim KT during the civil war.
He explained that KT’s child had died and that Kunti Kamara had arrived via Foya Tenga. When he learned of the child’s death, he gave money to the family and then went to Foya. FP said that there were soldiers in his house who spoke a Mandingo dialect that he did not understand.
He explained that Kunti Kamara had asked his men to take KT out of the house where she was staying and bring her outside. Kunti Kamara then shot KT. FP said that he and other villagers dug a grave, in which the soldiers put KT’s body before burning it. They used the palm leaves that covered the roof of a nearby kitchen.
Court questions FP:
Given the difficulties of interpretation, the President found it necessary to repeat FP’s account.
Upon questioning, FP indicated that his house was not in the vicinity of FG’s house. Asked to comment on his statements to the investigating judge that ULIMO soldiers occupied the premises, FP confirmed them.
When asked about Kunti Kamara, FP said that Kamara was based in Foya and moved around, sometimes to the border. FP confirmed that he had often seen him in Foya Dundu and formally recognized and identified him in the dock. Upon questioning, FP indicated that Kunti Kamara was surrounded by a variable number of bodyguards at the time of the events.
When asked about KT and her child, FP indicated that KT had been ill for a long time and could no longer walk. He confirmed that she was staying with her brother FG and that her child had died of an illness. They buried him and people arrived. When asked about the money paid by Kunti Kamara, which the President described as a gesture of appeasement and condolence, FP said that Kunti Kamara had paid the amount to the chief of the village TK. He also confirmed that Kunti Kamara then left the scene and returned to Foya Dundu. FP said he did not know why Kunti Kamara returned to FG.
Confronted with his previous statements that Kunti Kamara was angry because he had learned that KT was a witch, FP stated that he did not remember how Kunti Kamara had learned this. FP then confirmed that Kunti Kamara was in front of FG’s house with his men and ordered them to take KT out. FP said that KT was dragged out and that she was unable to speak.
When asked about the killing of KT, FP said that Kunti Kamara was carrying a G3 and shot KT three times while she was standing right next to FG’s house. Upon questioning, he stated that he did not know whether the shots were fired individually or in bursts. He confirmed that Kunti Kamara had ordered the villagers to bury KT and stated that he did not know why the body had been cremated.
Upon questioning, FP said that KT’s husband, NS, as well as FG and TK were also present at KT’s execution and that many villagers had come to attend the burial of the child. According to FP, the murder of KT took place between 9 and 10 a.m., shortly after the burial of the child. On questioning, he said that the villagers who witnessed the murder of KT were there because they had come for the burial of the child.
When asked about the place where the deceased were normally buried, he said that at that time it was possible to bury the bodies anywhere, but nowadays it is not possible because of the installation of running water.
On question, he said that he did not know what disease KT had.
The civil party questioned FP :
Upon questioning, FP confirmed that ULIMO appropriated his house without his consent and that it was used as their base. He added that the villagers had no control over anything at the time because of the war.
When asked about the identity of the soldiers who occupied his house, FP cited the names of Mohamed Kamara, Mohamed Jah, Mohamed Saho, and Jerry P. Upon questioning, he reiterated that Kunti Kamara moved around and frequently came to Foya Dundu. When asked about the relationship between Kunti Kamara and Mohamed Saho, he indicated that the latter was assigned as a commander at Foya Dundu.
When asked about the execution of KT, FP said he heard a gunshot when Kunti Kamara shot her and that he heard individual shots. According to him, KT did not say anything when she was on the ground. He explained again that he estimated the event occurred around 9 or 10 a.m., but that he did not have a watch. Upon questioning, FP stated that he did not see if KT was wearing any clothing when she was shot.
The Public Prosecutor questions FP:
The public prosecutor began by questioning FP about the time between the child’s burial and Kunti Kamara’s return. FP replied that the baby was buried in the morning. He said that according to their tradition, when a child dies, it is buried immediately and that not much time had passed between the child’s burial and Kundi’s return.
He then explained that they had buried the baby and that Kunti Kamara had arrived to sympathize. FP added that he did not understand the discussion between Kunti Kamara and his men because he did not speak their dialect.
When asked about his statement to the investigating judge that he had said the murder had taken place in the afternoon, FP explained that he had said between ten and eleven o’clock because he did not have the time on him.
The public prosecutor then asked FP if Kunti Kamara had returned by car. When asked how many men accompanied Kunti Kamara, FP replied that there were several of them and pointed out that the events had taken place a long time ago.
Upon questioning, FP indicated that the people whose names he had mentioned earlier (i.e. Mohamed Kamara, Mohamed Jah, Mohamed Saho, and Jerry P.) had pulled KT out of his house. When confronted with his statement that Kunti Kamara had ordered his men to go and get KT, but that he had finally gone himself because his soldiers had told him that she was going to die anyway in her condition, FP refuted them and maintained that KK had not entered the house and had sent his men.
Upon questioning, FP said that the grave had been dug by the people of the village on the orders of Kunti Kamara. He also confirmed that the palm leaves placed on the body had been collected from the roof of the nearby kitchen.
When asked about KT’s age at the time of her death, FP replied that he did not remember, but that she was quite a mature woman since she had already had four children. The President intervened by indicating that FP had said she was 45 years old.
At the request of the General Counsel, a picture of a G3 rifle was shown to FP. On questioning, he said that he recognized the weapon and that he knew the difference between a G3 and an AK47. He also confirmed that on the day of KT’s execution, Kunti Kamara was the leader of the soldiers who accompanied him because he had given the orders. On questioning, he indicated that the population had no way of opposing what was happening because ULIMO controlled everything. He added that he had been shot at.
Upon questioning, FP confirmed that he was still living in Foya Dundu. Asked to comment on his statement that ULIMO had taken his house because he was Malinke, FP confirmed and specified that the Malinke were a different ethnic group from the Kissi and the Mandingo. Upon questioning, FP explained that the villagers had to work to feed the soldiers who were in the district. He said that the women had to do the same.
When asked about the TRC, he said that he was questioned by the Commission. When asked about his motives for coming to testify before the French courts, in particular whether he had come for revenge or money, FP replied in the negative.
On questioning, FP indicated that he had never taken up arms since his father had been killed during the war.
The defense questions FP:
The defense attorney expressed surprise that FP recognized Kunti Kamara in the dock, when he had not been able to recognize him on the photographic board that had been presented to him during his hearing by the investigating judge. She specified that the photograph presented to FP was a current photograph of Kunti Kamara and that he had not changed since then.
FP replied that he remembered Kunti Kamara very well and had known him in Foya. According to FP, no photographic plate was presented to him during his hearing. The defense lawyer then referred to the minutes of the hearing in which FP stated that he did not recognize anyone when the investigating judge presented him with the photographic plate. FP retorted that this had happened a long time ago and that Kunti Kamara had the same features at the time of the facts.
On questioning, FP indicated that he had first seen Kunti Kamara in 1993 with a group of soldiers. Asked how he had identified him as CO Kundi, FP said that was the name by which people called him.
The defense attorney then asked FP if he had personally seen Kunti Kamara return to the village after he had given money to the village chief for the death of the baby. FP said that Kunti Kamara had not left the town of Foya Dundu and that KT’s house was just down the road. According to FP, Kunti Kamara left KT’s house, came to his house [i.e. FP’s house] where the soldiers were gathered, and then returned to KT’s house.
When asked about the motive for KT’s murder, FP replied that in his opinion, the only explanation was that Kunti Kamara considered KT to be a witch, otherwise he would not have killed her. On questioning, FP indicated that Kunti Kamara had not spoken to KT before killing her.
Asked to indicate his precise location at the time KT was taken out of her house, FP said he was in a group and pointed to a spot in the room about five meters from him. Upon questioning, he confirmed that he was facing the door. When asked how far away he was from Kunti Kamara when the latter opened fire on KT, FP stated that he was sitting behind the house with the other people, in direct proximity to the scene.
When confronted with his statements before the investigating judge that KT had begged Kunti Kamara to spare him, FP replied that KT was ill and that Kunti Kamara did not speak to him, but only ordered his men to kill her. The defense attorney expressed surprise at this response since FP reportedly stated before the investigating judge that Kunti Kamara had called KT a witch and told her that he was going to kill her. FP repeated that Kunti Kamara had only ordered his men to take KT out of the house and that Mohammed Jah had told Kunti Kamara that she would not survive anyway.
Asked to describe KT, FP said she was thin and small. He said that her illness had made her even smaller. He was not able to describe KT’s hair.
The lawyer for the civil parties asked FP one last question and asked him to describe his state of mind during the events and in particular whether he was afraid. FP responded that the civilians were not in control.
* * *
Inasmuch as TK is deceased, the President read out his testimony.
Reading by the President of some passages from the notes of the April 28, 2018 interview between TK and the investigators of Civitas Maxima
To begin with, TK told the investigators that he must have been 85 years old but that he was not sure since there was no civil registry at that time. He then explained that he was a sector chief when the ULIMOs arrived and that he was in Foya Dundu. As chef de secteur, he had been informed of the attack on Foya because this information was circulating in the seven villages under his control.
TK recounted the death of KT, which he described as a massacre and said that Kundi was responsible. TK said that a young girl from his town named KT was married to NS and was sick. She was sick for a long time and remained so until the baby died. When the baby died, he was called as a chief and saw CO Kundi. He explained that when Kundi came to Foya Dundu, he stayed at his house and said that “even when people do bad things, when they do good things, you don’t always know about it. When asked by investigators about this statement, TK said that Kundi Kamara did not harm him and made sure that his soldiers did not harm him either.
TK then explained that CO Kundi arrived with a group of soldiers under his command and asked him if he knew that KT was involved in witchcraft. When questioned by investigators, he said he did not see Kundi give money for the dead child.
Then TK explained that he was sitting outside KT’s house and that Kundi had said he did not want to see witchcraft in town because his soldiers would die. He grabbed KT, shot him and blew his head off. TK said that CO Kundi himself pulled the woman out of the house and took her out back. He said she was sick and could barely speak clearly, but was crying and begging not to be killed. She was lying on the ground and could not stand.
TK explained that after that, Kundi Kamara shot her in the head and asked to find men in town to dig the grave. TK rushed to find men who dug the grave quickly under Kundi’s supervision. The men brought palm leaves from the kitchen and placed them on the body before burning it. Kundi was then quoted as saying, “If a person is a witch and dies, and you burn the body, the witch also dies and goes nowhere.”
TK also indicated that the weapon used by Kundi was a long-barreled AK. Upon questioning by investigators, he said that some AKs had short butts and others had long butts, and that some had two magazines, others three. He reiterated that it was Kundi who brought the woman out of the house and that he himself was behind the house and had heard the shots and witnessed the scene. He also said that he remembered two gunshots.
Regarding the identification of Kunti Kamara, TK said that he presented himself as a commander in relation to the other soldiers. He described him as being small in stature. According to TK, Kundi was wearing camouflage clothing with military headgear on the day KT was killed. He added that when Kundi went into battle, he carried an RPG.
The civil party lawyer asked to read other passages from TK’s testimony, in which TK told investigators that Kundi demanded meat for food and ordered community members to go hunting. He added that people feared severe punishment if they did not find animals to hunt. TK also reported that Kundi regularly left them in the sun for two or three hours and that the people suffered greatly for three months. When questioned by investigators, TK confirmed that FP’s house was used by the soldiers and that Kundi sometimes slept there. TK also said that the most feared was Ugly Boy and that people from the Kissi ethnic group called him Saah Chuey.
The General Counsel then clarified that an RPG was a type of rocket launcher and asked that a photo be projected.
Reading by the President of TK’s hearing before the Liberian police dated April 30, 2019.
In his voluntary statement, TK said that when ULIMO soldiers entered Foya in 1993, he was the ward boss of Foya Dundu and Kunti Kamara was the first ULIMO commander posted in the village. After Kunti Kamara left Foya Dundu, another soldier named Mohamed replaced him. Kunti came to visit him and slept in the house where Mohamed lived, which belonged to FP.
On the subject of KT, TK said that one evening KT’s child died in Foya Dundu and that people had gathered to mourn him. Mohammed asked why people were crying and TK told him that KT’s child had died. Shortly thereafter, Kunti Kamara went to the scene to inquire about the situation. He then ordered three soldiers to remove KT from the house and said that KT was a witch. The ULIMO soldiers held KT who begged Kunti Kamara to spare her, but Kunti did not listen to her and shot her in the head.
TK said that Kunti Kamara then ordered villagers to dig a grave and cover it with the thatch of dried palm leaves. He then set fire to the foliage and the body burned. Civilians then covered the burnt body with soil.
In addition, TK explained that at that time, soldiers forced civilians to fetch food and carry it on their heads. The soldiers did not always share the food with the villagers, who were sometimes beaten and robbed of their food.
Upon questioning, TK said he first saw Kunti Kamara when he was assigned to Foya Dundu as commander of the ULIMO soldiers. He said that Kunti had lived in the house of a resident named FP for about a month, before being replaced by one C.O. Mohamed who lived in the same house as C.O. Kundi.
When asked how many men Kundi had under his command, TK said that he had many men under his command in Foya Dundu, including women and children who carried weapons. Upon questioning, TK said he did not know if Kundi took orders, but that he knew of some leaders who were superior to him. TK stated that he had heard of a certain Dagu, C.O. Polo, and Ugly Boy, among others. When asked, he said he did not know the names of the men who were under Kundi’s command.
When asked about the last time he had seen Kundi, TK indicated that it was the murder of KT and that Kundi did not return to Foya Dundu after that event. This was the only time TK had seen Kunti Kamara kill someone. He added that other murders had been committed in Foya Dundu, but that he did not know if Kundi was the one who ordered them. The only thing he knew was that these killings were committed by ULIMO soldiers.
On questioning, TK indicated that during Kundi’s stay in Foya Dundu, he had not seen him kill anyone except KT. When asked about Kundi’s behavior towards the villagers, TK indicated that Kundi would ask the villagers to bring him food and water. He sometimes joked, but he was unpredictable and could change at any time. Upon questioning, TK said he had never heard of Kunti Kamara forcing any woman to have sex with him and said that women would go to him on their own to ask for money and other valuables. TK said the same was true of Kundi soldiers, at least in the village of Foya Dundu.
Asked to give a description of Kundi, TK described him as a thin man who was not very tall. He stated that he had a problem with his eye and that he wore a military camouflage uniform. TK stated that he had never seen Kundi wearing women’s clothing, makeup, or a wig. TK went on to say that at the time, Kunti Kamara always had his hair cut short. When asked about the weapons Kundi carried at the time, TK stated that he saw Kundi carrying an AK47 assault rifle, and sometimes a large rifle with a bayonet.
TK was shown a photographic plate, but he said he could not recognize Kunti Kamara because the events were so long ago and Kundi’s appearance at the time was not the same as today.
When asked why KT was accused of being a witch, TK said he did not know if anyone had told Kundi. He only heard Kundi say it himself. On questioning, he said that on Kundi’s orders, three of his bodyguards entered KT’s house and two of them dragged her out. She was crying and begging Kundi not to kill her after she was taken behind the house where they made her sit on the floor. Two of the bodyguards held her hands and Kundi shot her once in the head without saying a word.
TK made a point of saying that Kundi, Ugly Boy, and other commanders were bad men in his opinion, but that Kundi had never hurt him. He added that in general, Ugly Boy was worse than Kundi. On questioning, he said that he did not know which of the two was the higher ranking and that Kundi spoke Mandinka.
* * *
The President decided to project the photographic plates that had been shown to TK during his hearing. The defense counsel recalled that TK had not been able to identify Kunti Kamara and the President stressed that the identification was not obvious [given the poor quality of the photographs].
Hearing of FG as a civil party
Before giving the floor to FG, KT’s brother, the President recalled that the latter had been heard on several occasions and confronted with Kunti Kamara, TK and NS.
FG began by thanking the court for allowing him to speak and for having taken up the death of his sister.
He recounted that the day after the death of KT’s son, the village chief TK came to bury the child. Kundi arrived at the scene and went to FG’s house. He asked what was going on and was told that KT’s son had died. He gave the sum of 100 Liberian dollars for the funeral and then left for Foya. FG said many villagers were present.
According to FG, Kundi returned shortly thereafter, accompanied by five bodyguards, and ordered them to remove KT from the house. KT lay on the floor outside the house and Kundi pointed his G3 at her. KT begged him not to kill her. FG said that Kundi had killed his sister, then asked TK to dig a grave. So some people came and dug the grave.
According to FG, Kundi then said, “If I see KT’s family members, I will kill them all. FG then slowly walked away and hid behind a banana tree. From his hiding place, FG could still watch the scene, without Kundi seeing him. FG recounted that Kundi had ordered his sister’s body to be placed in the grave and buried. He emotionally stated that KT was his only sister and that she had not done anything to Kundi. Apparently, someone had told Kundi that KT was a witch and Kundi made a judgment according to his own criteria since he had the power. FG said that Kundi threatened to come back the next day and execute everyone.
FG said that he fled with his family to another village. He explained that he returned to the village alone to visit his sister’s grave and that people came to console him. Friends offered to help him build another house, as his had been destroyed by Kundi. FG said that Kundi was a very bad person who had destroyed his family. He explained that his mother died of grief the year KT died. FG stated that he no longer had his sister or mother and that Kundi had killed them both.
The court questioned FG:
When asked about his sister, FG indicated that she was younger than him and had only one child who died when he was not yet walking. He indicated that he did not know her age at the time, but confirmed that she was probably in her 40s. He also confirmed that she was married to NS in a traditional marriage.
When asked about his sister’s illness, FG said that she had been ill for a long time and had received treatment in hospital. She had pain all over her body and the treatment she was taking gave her some relief. Upon questioning, FG indicated that her sister and her husband NS were living under her roof, as well as FG’s wife and son, and the ULIMO soldiers. FG also confirmed that two village officials, EP and TK, had come to the funeral of his sister’s child.
The President then asked FG if he knew Kunti Kamara before this incident. FG replied that he already knew him and that he had known him in Foya when he was making civilians carry loads on their heads. He added that before arriving in Foya Dundu, Kundi had spent two months in Foya and confirmed that he had also seen him in Foya Dundu.
Asked to identify the accused in the box, FG confirmed that he recognized Kunti Kamara. He addressed him by saying: “It is you who killed my sister”.
The President then recalled the description given by FG during his hearing by the gendarmes, namely someone small, with shaved hair, with one tooth missing and a camouflage military uniform. He added that he was the only leader he knew and that everyone was afraid of him. The defense lawyer said that FG had given a different description in another hearing, namely that Kunti Kamara had abundant hair and wore a white cloth on his head.
When asked about the 100 Liberian dollars Kunti Kamara gave to his family, FG confirmed that it was a traditional gesture of condolence. He also confirmed that Kunti did not attend the funeral, but returned to FG’s house claiming that he had been told that KT was a witch. According to FG, Kunti uttered the term witch before ordering his men to take KT out of the house. He said his sister begged Kunti not to kill her, but Kunti killed her behind the house. He said Kunti emptied his magazine on his sister with a burst of gunfire.
When asked how far away he was, FG said that he was away, but close enough to see the whole scene. He confirmed that he had witnessed his sister’s burial from a distance. When asked about the burial of his sister’s body, FG stated that it was not customary to burn bodies and that Kunti had ordered the burning of his sister’s body because he accused her of being a witch.
Upon questioning, FG confirmed that Kunti’s death threats against all of KT’s family were a priori due to the fact that Kunti believed that they were all practicing witchcraft. He also confirmed that everyone was afraid of C.O. Kundi.
When asked about the house photographed during the re-situation, FG indicated that it was a new house rebuilt by him, since the old house had been destroyed. On questioning, he stated that this was the first time that a person had been accused of witchcraft and that Kunti was the initiator.
The civil party questions FG:
When asked about his first meeting with Kundi, FG indicated that it had taken place on the airstrip at Foya.
When asked about the physical description he gave of Kundi, in particular about his teeth, FG reaffirmed that according to him, he was missing a tooth in the middle of his upper jaw.
Upon questioning, he confirmed that ULIMO soldiers occupied Foya Dundu at the time of the events. He also confirmed that he fled to another village after the incident and explained that when he returned to Foya Dundu, the ULIMO soldiers had left the village.
Asked to address Kunti Kamara, FG said he was glad that the court had taken up the case and asked the French government to take charge of the situation so that he would not be killed if Kundi returned to Liberia.
The Public Prosecutor questions FG:
When asked about his sister’s health, FG stated that she was very ill, but was able to walk.
When asked about the chronology of the incident, FG explained that less than an hour had passed between Kundi’s first departure and her return to FG’s house and that the events had taken place in the morning. Upon questioning, he confirmed that he was not hiding when Kundi shot his sister.
Asked to identify the weapon used by Kundi, FG pointed to a G3 on the photographic plate presented by the general counsel. On questioning, he explained that no one tried to stop Kundi from killing KT, as he was armed, and that many villagers were present during the killing of his sister, including NS and FP.
When asked about his sister’s burial, he said that Kundi had ordered TK and EP to find men to dig the grave. On questioning, he indicated that Kundi had gone on foot that day.
When asked to confirm his statements to the investigating judge regarding his first meeting with Kundi, which had taken place two months before the events, in Foya, during a meeting organized by the ULIMO commanders, during which they said they wanted to help the population, FG confirmed them. On questioning, he indicated that the only commander he knew was Kundi. He also confirmed that ULIMO requisitioned civilians’ homes and that soldiers stayed in his house when they came to Foya Dundu. He also said that he did not remember the presence of other armed groups before the arrival of ULIMO.
When asked about forced labor, FG confirmed that he was forced, under threat of death, to carry loads every day to the border, until he decided to hide in the bush.
Upon questioning, FG stated that he was not aware of any other crimes committed by Kundi and that the majority of the population of Foya Dundu was Kissi, including his family.
Defense questions FG:
Asked how he was contacted to testify against Kunti Kamara, FG explained that French and Liberian investigators came to meet him and offered to take his statement. When asked about the questions the investigators asked him, he said that they asked him if he knew Kunti Kamara and if he could tell them what he had done to his sister. The lawyer for the civil parties intervened and said that in her opinion, FG was confusing the hearings with the French and Liberian investigators. The defense attorney then clarified that two investigators from Civitas Maxima had come to talk with FG in Monrovia in April 2018. Upon questioning, FG reiterated that these individuals had asked him for information regarding Kunti Kamara, as well as about the murder of his sister.
FG then confirmed that the first time he had to identify Kunti Kamara was during his confrontation with the latter in the office of the investigating judge. Confronted with the various hair descriptions he gave of the accused, whose contradictions were noted by the defense attorney, FG indicated that Kundi had a large volume of hair on the top of his head and wore a cap.
On questioning, FG indicated that he had hidden before Kundi shot his sister. When asked about the motive for the murder, he said he had heard Kundi tell someone that KT was practicing witchcraft. He also confirmed his statements to the investigating judge that Kundi left the village after giving 100 Liberian dollars, headed to a river and then turned back, all within an hour. On questioning, he said Kundi stayed near the grave until the fire was over. He confirmed that the fire had consumed the entire body and reiterated that there were no soldiers at Foya Dundu before ULIMO arrived. On questioning, he said he did not know the NPFL.
When asked how he was approached by investigators, FG said they asked him if he knew Kunti Kamara and that they interviewed many people. The defense attorney expressed surprise that the Civitas Maxima/GJRP investigators had come to speak specifically to FG about Kunti Kamara. The lawyer for the civil parties intervened to point out the existence of a record of the interview with FG that describes how FG met with the investigators.
Presentation of documents and exhibits from the file. Re-situating FG.
Various photographs concerning the reinstatement of FG in the place where his sister was executed were projected and FG was asked to comment on them.
The first photographs shown were aerial views of Foya Dundu. When asked about the photo where he points to the bridge where Kunti Kamara is said to have turned back, FG said that people had reported to him that they had seen Kundi turn back to the river. Regarding the photos of his house, FG confirmed that he had rebuilt a new house on the site of the old one.
The following photographs illustrate, among other things, the path by which Kunti Kamara allegedly arrived with his five bodyguards, the location where FG was when he allegedly witnessed the death of his sister, the location where his sister was allegedly killed, the location where Kunti Kamara allegedly was when he killed her, the location where FG allegedly hid, and the location of KT’s burial place.
The President stated that according to his understanding, FG was 9.6m away from Kunti Kamara who was himself 3.60m away from KT when he shot him. Concerning the banana plantation in which FG was said to be hiding, the General Counsel noted that it was 34m from the place where KT was buried.
Questioned about the different photographs projected, FG declared that they represented the facts as they had taken place.
On questioning by the defense counsel, FG said that the investigators had not offered to do any analysis on the bodies of his sister and nephew. When asked if the investigators had looked for shell casings, FG replied that his sister’s head had exploded.
The general counsel pointed out to the court that the distance between Foya Dundu and Foya was about 5km.
Presentation of documents and exhibits from the file. Reinstatement of TK.
The President continued the presentation of photographs taken this time in connection with the reinstatement of TK [the former chief of the village of Foya Dundu, now deceased].
These photographs show successively the place where Kundi is said to have arrived with his bodyguards, the place where TK is said to have been when Kundi shot KT, and the place where he is said to have been when KT’s body was burned.
Defense counsel observed that TK had indicated a different location than FG had indicated regarding KT’s murder. The prosecutor retorted that TK thought that the present house was the house at that time and the President pointed out that a tape had been placed by the police at the request of FG to delimit the house at that time and that TK had finally retracted. The President added that NS and FG agreed on a number of elements and that TK said that they might be right.
Examination on the merits of Kunti Kamara on these facts
The Court questioned Kunti Kamara:
The President recalled that three witnesses had been heard by the Court regarding the murder of KT and that only NS had yet to be heard. He invited the accused to determine himself on the testimony heard so far.
Kunti Kamara repeatedly said that he did not know the witnesses or the victim. On questioning, he indicated that he had never seen either FP or FG in Liberia. He said he was shocked that FP claimed to know him. When asked about FP’s claim that his house had been requisitioned by ULIMO, Kunti Kamara repeated that he did not know FP.
On questioning, he stated that he had once passed through Foya Dundu, without having stopped there, and indicated that the 5 km separating Foya Dundu from Foya was not a long distance. When asked about the person named Mohamed who had replaced him at Foya Dundu, the accused stated that he could not say anything about Foya Dundu and that he did not know these people.
The president then asked him how he could explain the fact that four people recognized him as C.O. Kundi, the person responsible for KT’s death, and that the physical descriptions given by these people matched. Kunti Kamara said he was confused and convinced that this was a plot against him. He repeated that he did not know these people.
When asked about FG’s statement that he was missing a tooth in his upper jaw, Kunti Kamara said he lost his teeth in Europe, not in Liberia. The president recalled the testimony of psychologist Philippe Oudy who, when he spoke with the accused in April 2019, noticed his largely toothless jaw. The defense attorney intervened by saying that the accused’s Facebook photos could attest that he had all his teeth before. According to the general counsel, these photos mainly showed a gap between the teeth. On questioning by the President, Kunti Kamara confirmed that his dental problems first occurred while he was in detention.
On questioning, he said that the people who claimed to recognize him as the author of KT’s murder were lying. He confirmed that he had never seen KT in his life.
When asked about TK’s testimony that Kundi did not mean him any harm and was rather kind to him, the accused stated that he was shocked because he did not know him. He confirmed that these testimonies should be understood as a kind of general conspiracy against him.
When asked about the photographs of the sheds, Kunti Kamara swore that he did not know these places.
Asked why he fled at the time of his arrest, even though he claims to be innocent and shocked, the accused said that several people had reported things to him and that he felt pressure on him.
The civil party questions Kunti Kamara:
The civil party lawyer confronted the accused with the description he gave before the Swiss courts of his clothing and the weapons he carried, emphasizing that it was corroborated with the description given by FG and FP. Kunti Kamara replied that before the arrival of ULIMO, there were other soldiers who carried the same weapons. The lawyer for the civil parties retorted that FG had claimed not to have seen any soldiers before the arrival of ULIMO.
The Public Prosecutor’s Office questions Kunti Kamara:
The General Counsel returned to Kunti Kamara’s statements before the investigating judge that FG and TK were Kissis and knew what they were doing. Given that FP is not Kissi, the General Counsel asked the accused to explain why FP had also implicated him. Kunti Kamara replied that he did not know him.
The General Counsel then asked the accused how the witnesses could have given such accurate and consistent descriptions if, as he claimed, they did not know him. Kunti Kamara responded that he did not deny that ULIMO was in Foya and that he was on the battlefield, but that everything else was false.
The general counsel returned to the testimony of Massa Washington and asked the accused if he knew General Dombuyah. Kunti Kamara said he did and that he had seen him in Lofa and that he was his superior, but that he had not played any particular role in his career in ULIMO. The general counsel then confronted the accused with his statements before the investigating judge that General Dombuyah was the chief of staff and had appointed him as commander. Kunti Kamara said that it was Alieu Kosiah who had recommended him to General Dombuyah.
When asked about the atrocities Massa Washington witnessed and the threats she received, he stated that he was in Lofa and had no knowledge of the facts reported by Massa Washington.
The defense questions Kunti Kamara:
On questioning, Kunti Kamara confirmed that during the war, fighters carried AK47s, RPGs, and camouflage clothing. He said that ULIMO soldiers wore camouflage, but not NPFL soldiers.
The defense attorney then asked him if there were any other small soldiers in ULIMO. Kunti Kamara replied in the negative, stating that few people were short. Asked by the President to make a final statement, Kunti Kamara said that he had no intention of taking up arms and that at the time he was living peacefully with his parents. He did not wish to add anything about the facts concerning KT.
