Monday, 08 February 2010- Defence Witness 03: "Today I am saying the truth. I came here to correct my mistake"
The second Defence witness admits he lied to the Court in exchange for money: US$200 was the amount he received from an OTP intermediary for persuading his nephew to testify as a fake child soldier. The youngster, who testified as a prosecution witness, claimed to be a former fighter with Lubanga´s UPC.This is a fact that his own father, the first witness called by the Defence, denied categorically.
"Mr. Witness, did the people in your neighborhood know that you were taking part in the preparation of this lies?" asks Counsel Catherine Mabille. "Yes, they knew it," answers the witness. According to him, in Simbeliabo neighborhood in the city of Bunia, the fact that there were some people benefiting from collaboration with the Court was well known. Witness 03 mentions a particular name. "Everybody was afraid of him, but those who wanted to earn money followed him and they accepted what he proposed," he says. The man who Witness 03 refers to was recruiting fake child soldiers to testify against Thomas Lubanga.
"The people in your neighborhood, how they reacted when they knew you were taking part in the preparation of this lies?" asks Maitre Mabille. "They wanted to hurt me. I had to leave my place. I fled," he says to the Counsel.
Witness 03 says he met with employees of the Court and their intermediaries in Beni, in Ituri, and in the capital Kinshasa. "They asked me questions. They showed me pictures of Thomas Lubanga. I said: ´yes, he is Thomas Lubanga´, but I didn´t know him. Even today I don't know him. They asked me: ´do you know if this man recruited children?´ I was acting, saying what had been invented. I was told what to tell them. It was a money issue." Witness 03 admits the ICC officials did not realize that their intermediaries had paid him.
It may have been a 'money issue' at the time but the question now is whether Witness 03 was testifying in the Hague under pressure. He is a Hema Nord from Bunia. In 2002 this was a UPC stronghold. "Mr. Witness, did Thomas Lubanga have supporters in Bunia?" asks Ms. Nicole Samson. "Yes, even today he has supporters. The party continues to exist. Even if he dies the party will continue," says the witness. Are there supporters of Thomas Lubanga in your neighborhood?" asks Ms. Samson. "Yes, there are some there," he answers. Witness 03 admits his neighbors knew he had conversations with the Prosecution and he received threats as a consequence. "That is why you were selling your chief, Thomas Lubanga?" asks Ms. Samson. "Yes," he says.
Witness 03 felt he betrayed his people. "Even my wife left the house," he says. Then he asked "the wise man", -the chief of the village- for forgiveness. Witness 03 was advised to meet the UPC authorities and the Lubanga´s lawyers. "I explained what I had in my heart, I didn´t hide anything."
"Did the UPC people offer you money to come to testify?" asks Ms. Samson. "Personally I asked for money and they said no. They said they were not wishing to buy my testimony," says the witness. "Today I am saying the truth. I made a mistake. I came here to correct my mistake."
"So now there are no more pressures?" asks Ms. Samson.
"No, when I leave this place, I will continue my life as a farmer," says Witness 03.
Produced in partnership with 3 Generations
