Arusha, May 2, 2001 (FH) Prosecution in the so-called Media Trial on Wednesday proved unable to produce a final witness list in the case before the International Criminal Tribunal for Rwanda (ICTR). The trial groups three suspects linked to media which incited Hutus to kill Tutsis during the 1994 genocide in Rwanda.

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They are former RTLM radio director Ferdinand Nahimana, former politician and RTLM board member Jean-Bosco Barayagwiza and former editor of Kangura newspaper Hassan Ngeze. Defence lawyers for the accused have continued to request the witness list, to no avail. On Wednesday, prosecutor William Egbe of Cameroon said it would be unfair to demand such a list which would "tie the hands" of the prosecution. Nahimana's French lawyer Jean-Marie Biju-Duval told the court that "the Office of the Prosecutor is refusing to communicate the final witness list, despite having promised it several times". He argued that the accused had the right to know which witnesses the prosecution would call, in order toprepare the defence. Presiding judge Navanethem Pillay of South Africa gave the prosecution until the "end of June-beginning of July" to produce the final list of witnesses it will call. Prosecution originally planned to bring 96 witnesses in the case, but has now reduced that number by half. Egbe explained that several witnesses had decided not to appear. They had earlier said they expected their witnesses to finish testifying in July. The trial continued Thursday with the testimony of the 18th prosecution witness. The 17th witness, former Kigali prosecutor François-Xavier Nsanzuwera, finished his testimony late Wednesday. He had been testifying since April 23rd. Barayagwiza has been boycotting the trial since it began on October 23rd, saying that it will not be fair because the ICTR is manipulated by the current Kigali government. He is being represented against his will by lawyer Giacomo Barletta of Italy and Alfred Pognon of Benin. Nahimana is represented by Biju-Duval and British co-counsel Diana Ellis. Ngeze is represented by assigned counsels John Floyd of the US and René Martel of Canada, but has asked to have them replaced by lawyers whom he would pay himself. He is in contact with the ICTR Registry on this issue. Caldarera last week complained of the lack of cooperation from Barayagwiza. "I am without the collaboration of my client," he told the court, as he apologized for not being able to produce documents to back his cross-questioning of the prosecution witness Nsanzuwera. He also said that he had been without an investigator for the last two weeks, after the ICTR Registry "terminated" the investigator's contract. AT/JC/FH (ME0502E)