COURT ACCEPTS REINSTATEMENT OF PROSECUTION WITNESS

Arusha, November 27th, 2000 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Monday authorised prosecutors in the Cyangugu case to reinstate a protected witness, LAN, to corroborate the testimony of another witness, LAD, whom defence accused of lying. LAN had been removed from the prosecution witness list to reduce the number of people testifying.

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"The defence makes no substantive arguments that it will suffer any prejudice as a result of the reinstatement of witness LAN, " said presiding judge Lloyd Williams (Jamaica) in response to defence fears that recalling witness LAN would prejudice their clients. The Cyangugu trial groups former Transport Minister André Ntagerura, former prefect of Cyangugu Emmanuel Bagambiki, and the ex-commander of Cyangugu military barracks Samuel Imanishimwe. They are jointly accused of genocide and crimes against humanity. Ntagerura's Canadian lawyer Henry Benoit alleged last week that LAD's testimony was a "fabrication and a lie", particularly on a meeting the witness said he attended on February 7th, 1994Tanzanian prosecutor Holo Makwaia argued that Benoit's comments were a prejudice to LAD's whole testimony and therefore required that witness LAN testify on the same facts. Benoit was backed by the defence lawyers of both the other defendants, who argued he was following normal procedures of cross-examination. "This is not the first time for me to question the legitimacy of a witness," said Benoit during Monday's debate, "and it will not be my last. "Prosecution has so far presented 12 witnesses of the 45 it intends to call in relation to massacres in Cyangugu prefecture during the 1994 genocide. The case is being heard by Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding) Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. GG/JC/PHD/FH (CY%1127e)