Arusha, March 4, 2002 (FH) - Defence counsel for former Rwandan Transport Minister and genocide suspect André Ntagerura on Monday told the International Criminal Tribunal for Rwanda (ICTR) that "thirty one new elements" were introduced in the indictment against him after the prosecution amended it. Ntagerura's defence raised a motion to contest the alleged new elements.

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Ntagerura is jointly accused with former Cyangugu prefect Emmanuel Bagambiki and former commander of the military barracks in Cyangugu, Samuel Imanishimwe. All have pleaded not guilty to charges of genocide and crimes against humanity for their alleged roles in massacres of Tutsis in Cyangugu, south west Rwanda, during the 1994 genocide. Their trial, which resumed on Monday, was adjourned on November 21st, after the prosecution had completed its case. The prosecution says the three conspired together to organize the extermination of Tutsis in Cyangugu. They have pleaded not guiltyNtagerura's co-counsel Hamuli Rety of France and the Democratic Republic of Congo (DRC) told the court that while amending Ntagerura's indictment, the prosecution had introduced "extraneous facts. " He said that the ICTR rules of procedure were violated when his client's indictment was amended. The indictment was amended in 1996 and modified in 1998. Prosecutor Richard Karegyesa of Uganda objected to Rety's presentation of the motion saying prosecution was "finding it extremely difficult to deal with generalisations. " Prosecution wanted the defence to be more specific. Meanwhile, Imanishiwe's defence counsels also indicated that they had a motion to present. Last month, Imanishimwe's defence asked the ICTR to acquit him on the charge of conspiracy to commit genocide. In their written motion, his lawyers are urging the ICTR's Trial Chamber Three to find that the Prosecutor has not brought evidence to prove the conspiracy charge. The chamber said it would hear each of the motions on its own merit. Presiding judge Lloyd George Williams said of the two motions: "these are important motions". However, the Chamber asked Ntagerura's counsel to present his motion in a more direct manner focusing on the contested issues. Ntagerura's defence continues with presentation of their motion on Tuesday morning. This case is before Trial Chamber Three composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia, and Pavel Dolenc of Slovenia. SW/JA/FH (CY-0304f)