26.05.09 - ICTR/NTAWUKULILYAYO - PROSECUTION CONCLUDES ITS CASE IN TRIAL OF EX-RWANDAN SUB-PREFECT

Arusha, 26 May, 2009 (FH) - The prosecution in the trial of former Rwandan Sub-Prefect, Dominique Ntawukulilyayo, Tuesday concluded its case after fielding a total of 12 witnesses against the accused, who is charged for genocide before the International Criminal Tribunal for Rwanda (ICTR).

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Summing up the session, presiding Judge of Trial Chamber III, Khalida Khan from Pakistan said the prosecution managed to complete its case in 12 trial days. The prosecution case started on May 6.

Judge Khan flanked by two other Judges, Kenyan Lee Muthoga and Aydin Akay of Turkey , instructed the defence during a formal pre-trial defence conference to file defence briefs by August 7, insisting the defence case must commence on September 14.

During the examination-in-chief of the 12th and last prosecution witness code-named "AXV" to protect his identity, the Chamber was told that the accused chaired a meeting at Gisagara sub-prefecture office in Butare, southern Rwanda on May 3, 1994 where it was resolved that the properties formerly owned by ethnic Tutsis killed, and those who ran, away be shared among the Hutus.

Led by prosecuting Counsel Charles Adegun Phillips, "AXV" alleged that the property earmarked to be shared included shops, houses, motor cycles, vehicles and even sorghum farms which were by then ready for harvesting and the proceeds be split among the surviving Hutus who were at the verge of conflict because of scramble for the properties.

According to the witness, road blocks were strengthened to arrest the enemy [Tutsi], by checking their identity cards and those captured were killed on the spot.

During cross examination the witness alleged that on April 20 he told the accused, Ntawukulilyayo to send in more soldiers and fire arms to control the killings, but that request was never considered.

Like the testimony of other prosecution witnesses, most part of the evidence was held in closed sessions.

The defence team of Ntawukulilyayo is represented by Maroufa Diabira of Mauritania and Dorothee le Fraper du Hellen from France.

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