ICTR: Karemera: Motion to Vary Nzirorera's Witness List Granted

2010-04-07, Arusha, Tanzania. The Trial Chamber III allowed Nzirorera to add Jean-Baptiste Ndalihoranye and Juvénal Rugambarara to his witness list. These two witnesses were dropped from Ngirumpatse’s witness list in January 2010.

Statement of Law. A witness list can be varied where there is good cause and it is in the interest of justice to do so. This is determined on the basis of the following factors: 

  1. materiality and probative value of the testimony in relation to existing witnesses and allegations in the Indictment;
  2. the complexity of the case;
  3. prejudice to the opposing party;
  4. justifications for the late addition of witnesses;
  5. delays in the proceedings.

Application. The Chamber allowed to include Ndalihoranye because of his leadership position in the MRND, and because he will testify about the meetings of the Political Bureau in December 1992, speeches made at MRND rallies and absence of a plan within MRND to exterminate Tutsis. Rugambarara’s testimony will deal with Nzirorera’s absence of hatred for Tutsis, and will allegedly refute one OTP witness and one adjudicated fact. Both of them will be testifying at the end of May 2010.

The Chamber also found that adding these two witnesses will not have an adverse impact on the trial because the Nzirorera previously dropped a number of witnesses.


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