Conflict of interests among defence counsels resurfaces
By Hirondelle News Agency
Conflict of interests in a joint trial of six genocide
suspects from Butare prefecture (South Rwanda), once again arose among defence
counsels at the International Criminal Tribunal for Rwanda (ICTR) on Monday.
Two lead counsels, Josette Kadji (Cameroon) for the former prefect of Butare,
Sylvain Nsabimana, and Michel Marchand (Canada) for the defence of the former
mayor of Ngoma commune, Joseph Kanyabashi, objected the manner in which their
colleague was re-questioning a defence witness.
Nicole Bergevin, lead counsel for another accused in this trial, Pauline
Nyiramasuhuko, former minister of Family and Women Affairs was re-examining the
eighth defence witness code-named WZJNC when the objection was raised.
Bergevin wanted to know from the witness if among Hutus gathered at Mbazi
stadium in Butare prefecture during April-July, 1994 massacres, there were also
members of the youth wing of the opposition party, the PSD. Nsabimana and
Kanyabashi were members of that party, whereas Nyiramasuhuko was a member of the
ruling party, MRND.
AI object to these questions, I have never heard about PSD youth wing here
during the examination in chief,@ said counsel Kadji on behalf of Nsabimana. She
was immediately supported by counsel Marchand, who stated, Athis question should
not be allowed as it was never raised before.@
The prosecution holds that Nyiramasuhuko=s MRND party was responsible for the
planning and implementation of the massacres in Butare and other parts in the
country.
Her defence claims that MRND was weak in Butare and could not have done what the
prosecution has alleged.
Presiding Judge William Hussein Sekule of Tanzania sustained the objection,
prompting counsel Bergevin to terminate her re-examination prematurely.
Earlier this month, Nyiramasuhuko=s son and co-accused Arsene Shalom Ntahobali,
was denied a motion for a separate trial. His lawyer had argued that the defence
strategy of two co-accused, Sylvain Nsabimana and Joseph Kanyabashi, might
prejudice his client=s rights by calling witnesses who may implicate Ntahobali.
It was the first time that a conflict of interests among the defence counsels
had surfaced.
The case continues on Tuesday with the testimony of the ninth defence witness.
Other accused in this trial are another former prefect of Butare Alphonse
Nteziryayo and another former mayor, Elie Ndayambaje.
They all pleaded not guilty on all charges of genocide and crimes against
humanity. The trial commenced on June 12, 2001.
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