Suspected warlord Gibril Massaquoi appeared yesterday in a Finnish appeals court accused of atrocities in Liberia’s civil war following his acquittal last year by a lower court.
The appeal is taking place in the Finnish city of Turku, 170 kilometres west of Helsinki.
Massaquoi, who moved to Finland in 2008, is accused of murder, abuse and war crimes. The prosecution wants the court to take a fresh look at what it says amounts to a credible witness account in a case involving atrocities that date back almost two decades.
“That is, what can be expected of the witness, taking into account, for example, the length of time that has elapsed and the traumatic nature of the events,” state prosecutor Tom Laitinen said. According to Laitinen, traditional rules relating to, for example witnesses’ ability to identify suspects, can not be applied without taking the particularities of the case into account.
The defence argued that when it comes to serious offences such as murder and rape, which can carry a life sentence, the burden of proof should not be lowered. In previous proceedings in the district court, Massaquoi’s defence highlighted numerous inconsistencies and contradictions relating to the timings and locations of atrocities from witness accounts. Massaquoi’s lawyer Paula Sallinen noted “there are many other things that can affect the way people’s stories change between two hearings” other than just being traumatised. “We cannot say that when the testimony has changed, it is an indication that the person has been traumatised.”
The defence stressed that the district court found “reasonable doubt” as to Massaquoi’s guilt.
For some of the alleged events, there was “such strong evidence” the court considered it “established that the client was nowhere near the scene of the events,” said Kaarle Gummerus, another lawyer representing Massaquoi.
The prosecution intends to present new evidence for the appeal and the defence will call new witnesses.
The first day of the trial included presentations of the case by both parties. The Turku appeals court said it would also move to hear witnesses in Liberia in February and then from witnesses in Sierra Leone in May, before returning to Finland by June 5.
In April 2022, a Finnish district court ruled that the prosecution had “not proven with sufficient certainty” that Massaquoi had been involved in the crimes, which occurred in the later years of Liberia’s second civil war.
The impoverished west African state was plunged into a first war from 1989-1998, followed by a second from 1999-2003. As many as a quarter of a million people are believed to have died.
Massaquoi was arrested in Finland in 2020 after a rights group investigated his war record, and was held in custody for around two years pending the trial.
The district court ordered his release in February pending the April verdict, when he was acquitted. Finnish prosecutors appealed the verdict.
Massaquoi was a senior commander of the Revolutionary United Front (RUF), a Sierra Leonean rebel group that fought in Liberia. He denies all the charges, arguing he was not in Liberia when the alleged offences took place.