In a decision of June 21, 2011, a Trial Chamber refused to review its earlier resolution on the matter, noting that the "affidavit (sought for admission), while cumulative in nature, contains evidence that goes to the proof of a matter of the acts or conducts of the accused as charged in the indictment."
The prosecution had been seeking to have the affidavit by General Gatsinzi admitted into evidence to corroborate other witnesses testimonies that he was the higher ranking officer at the Non-Commissioned Officers School (ESO) in Butare, Western Rwanda and to show the actual position Nizeyimana held at the military academy during genocide.
Prosecution had been all along claiming that Capt. Nizeyimana was second in command in charge of intelligence and military operations at ESO, allegations that have been vehemently denied by the defence, who even called witnesses, suggesting that the accused was "no body" at the academy, meaning he held no any leadership position.
The prosecution made its first attempt for the admission of the affidavit in question on August 9, 2010, but the Chamber overruled the motion on October 6, 2010, saying, "admission as evidence of the statement by General Gatsinzi, without allowing oral interrogation to be conducted was highly prejudicial to the accused."
Dissatisfied by the decision, the prosecution lodged an appeal before the Appeals Chamber on December 10, 2010, but it was denied on March 8, 2011 on almost similar grounds that were relied upon by the Trial Chamber.
In the third attempt, the prosecution sought for reconsideration of decision dated October 6, 2010 because Gen, Gatsinzi, currently Minister for Disaster Preparedness and Refugee Affairs, testified before the Tribunal on March 30, 2011, during appeal hearing of Col. Theoneste Bagosora , who touched some information regarding Nizeyimana.
According to the prosecution, a transcript of his testimony had been admitted in Nizeyimana trial as defence exhibit, without hearing his evidence.
In its decision, however, the Chamber noted that the defence sought the admission of the transcript containing Gatsinzi's testimony for limited purpose of demonstration a contraction of a prosecution witness regarding his appointment as Chief of Staff of the army in 1994 and, therefore, found it admissible only in so far as related to the witness's credibility.
Nizeyimana's trial has been adjourned to September 7, 2011, when the Chamber will receive extra evidence from the prosecution aimed at challenging the defence for the accused, who claims that he was not in Butare in months of April and May, 1994. He is charged with genocide, extermination, murder and rape.
FK/ER/GF
© Hirondelle News Agency