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Mugesera case: Interruptions highlight start of testimonies

Friday October 25 2013
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Dr Leon Mugesera leaves the High Court on October 21, 2013. Photo/Cyril Ndegeya

Debate arose from objections by both parties during cross-examination at the onset of the much-awaited phase in Dr Leon Mugesera’s case.

The first two days of hearing testimonies of witnesses set a slow pace. Four of the 28 prosecution witnesses were scheduled to testify on the first day but the court would not even finish with one.

The first prosecution witness, a resident of Kabaya, told the Special Chamber of the High Court trying cases transferred from the International Criminal Tribunal for Rwanda (ICTR) and foreign countries that he first met Dr Mugesera in 1992 at a political meeting of then ruling party MRND that was held in his home area.

In the meeting, according to the witness, the defendant incited Hutus to kill Tutsis in his allegedly infamous speech.

Sent back to Ethiopia

“In the speech Mugesera said much but what I recall is that he said Tutsis are not Rwandans and they should be sent back to Ethiopia where they came from, via Nyabarongo River, which he said was a shortcut,” the witness said.

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Cross-examining the witness, the prosecution asked if there was any consequence whatsoever of Dr Mugesera’s speech, and the witness confirmed that it was immediately followed by killing of Tutsis.

“Before even the people who were at the meeting reached their homes, some Tutsi neighbours had been killed and their houses torched,” he added.

Mentioning names of some slaughtered neighbours that he could recall, the witness added that even Tutsis from the far end of the former Kabaya sous-prefecture were killed following the speech.

The proceedings were going on smoothly until Dr Mugesera began cross-examining the witness. Then, the prosecution would object to almost every question from the defendant.

“What political party do you belong to?” “Which ethnic group do you come from?” Such were the questions the prosecution objected to, claiming that they were not related to the witness’s account and did not serve any interest to the court.

“We cannot continue like this,” the prosecution said, requesting the court to order Dr Mugesera to present a list of questions that he intended to ask each witness.

Of the 28 witnesses cleared by the court from a list of 46 presented by the prosecution, seven will testify in camera for fear of reprisals and the court has tasked all parties to abstain from disclosing their identity.

However, Dr Mugesera has raised his concern about this, citing violation of his constitutional right to a public hearing.

ALSO READ: Leon Mugesera says genocide was not planned

Protect witnesses

“I am charged with serious offences and allowing people to testify against me in camera would be prejudicial to my constitutional rights,” he said.

The court reminded him that it was its obligation to protect witnesses whenever they so wished without exception.

The former university lecturer, who was deported from Canada early last year, has been reproached several times by the prosecution for delaying the trial, a claim he refutes, alleging that he has no interest in staying in prison.

READ: Mugesera refuses to enter plea but fails to delay case

Recently, Dr Mugesera, 60, unsuccessfully sought the disqualification of a judge in the trial.