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Judgement and Sentence 1 November 2010 715. On 25 August 2009, the Defence filed an extremely urgent motion for a stay of the proceedings, arguing that a fair trial was not possible due to the alleged disappearance of the three laissez-passers, which the Defence claimed were seised from the Accused at the time of his arrest. 1859 On 28 August 2009, the Chamber issued a decision denying the Defence motion for a stay of the proceedings but remaining seised of the underlying issues. 1860 4. Trial Phase 716. The trial in this case began on 31 August 2009. 1861 After calling 11 witnesses over 14 trial days, the Prosecution closed its case on 17 September 2009. 1862 717. On 31 August 2009, the Defence made two oral motions for postponement of the trial, arguing that additional time was needed to allow the Prosecution to locate the alleged laissezpassers and to allow the Defence time to review recently disclosed Seromba exhibits. 1863 In an oral decision rendered the same day, the Trial Chamber denied the first Defence motion for postponement for the same reasons cited in its decision on the Defence motion for a stay of the proceedings. 1864 The Chamber ruled that it would decide the second Defence request for postponement on a case-by-case basis as the documents were presented. 1865 718. On 3 September 2009, the Chamber granted a Defence motion for witness protection measures. 1866 719. On 4 September 2009, the Defence filed a confidential application for immediate production of documents mentioned by Prosecution Witness CBK during his 4 September 2009 testimony. 1867 On 7 September 2009, the Defence filed a confidential addendum to its initial application, requesting that the Trial Chamber: 1) order the Prosecution to explain whether it had prior knowledge of Witness CBK’s allegations; 2) order the Witness and Victims’ Support Section to appear in court for examination on these allegations and 3) recall Witness CBK for additional crossexamination. 1868 The Defence also requested that the proceedings be adjourned and that the witness’s open session testimony from Friday, 4 September 2009, be moved to the closed session transcript. 1869 720. On 7 September 2009, the Trial Chamber rendered an oral decision ordering the Prosecution to immediately disclose documents received from Witness CBK, ordering the Registry to extract the portion of the Witness CBK’s testimony that was given in open session on 4 September 2009 1859 Extremely Urgent Defence Motion for a Stay of Proceedings Due to the Impossibility of Having a Fair Trial Following the Disappearance of Exculpatory Evidence in the Hands of the Prosecutor, filed on 25 August 2009. The same day, the Chamber issued an Interim Order, instructing the Prosecution to file its response, if any, by 26 August 2009 and the Defence to file its reply, if any, by close of business on 27 August 2009. Interim Order (TC), 25 August 2009. 1860 Decision on the Extremely Urgent Defence Motion for a Stay of the Proceedings (TC), 28 August 2009. 1861 T. 31 August 2009, p. 1. 1862 T. 17 September 2009, p. 39. 1863 T. 31 August 2009, pp. 14-19. 1864 T. 31 August 2009, p. 26. 1865 T. 31 August 2009, p. 26. 1866 Decision on the Defence Motion for Witness Protection Measures (TC), 3 September 2009. 1867 Extremely Urgent Application for an Order of the Trial Chamber for the Immediate Production of Documents, filed on 4 September 2009. 1868 Addendum to the Defence’s 4 September 2009 Extremely Urgent Application for an Order of the Trial Chamber for the Immediate Production of Documents, filed on 7 September 2009. The Defence repeated these requests through oral submissions made the same day. T. 7 September 2009, pp. 2-3 (CS). 1869 T. 7 September 2009, p. 2 (CS). The Prosecutor v. Gaspard <strong>Kanyarukiga</strong>, Case No. ICTR-2002-78-T 175
Judgement and Sentence 1 November 2010 and denying the Defence request for adjournment. 1870 The Chamber also ordered the Prosecution to file its response to the remaining Defence submissions by close of business on Wednesday, 9 September 2009. 1871 On 7 September 2009, the Prosecution disclosed the documents received from Witness CBK. 1872 On 9 September 2009, the Prosecutor filed a joint response to the Defence application and addendum, arguing that the Defence request for production of the documents mentioned by Witness CBK was now moot and that the Defence had not shown just cause to recall Witness CBK. 1873 On 17 September 2009, Prosecution Witness CBK was recalled for further crossexamination on the issues raised during his 4 September 2009 testimony. 1874 721. On 8 September 2009, in response to oral submissions from the Defence, the Trial Chamber ordered the Prosecution to disclose Witness CBY’s Gacaca records to the Defence as soon as practicable. 1875 On 9 September 2009, the Trial Chamber reiterated its instruction and ordered Witness CBY to remain in Arusha until 11 September 2009 for the completion of his crossexamination. 1876 722. On 11 September 2009, the Chamber ordered the Registry to transmit to the Prosecution an inventory of items with which the Accused arrived at the United Nations Detention Facility in Arusha. 1877 723. On 16 September 2009, the Chamber denied a Defence motion for certification to appeal the Trial Chamber’s decision denying the Defence motion for a stay of the proceedings. 1878 724. On 17 September 2009, the Chamber denied a Defence motion for certification to appeal the Trial Chamber’s oral decisions of 31 August 2009, finding that the Defence request for certification to appeal its decision on the motion for adjournment due to the late disclosure of Seromba exhibits was premature because the Trial Chamber had not denied the Defence request. 1879 The Chamber also found that the Defence’s successive applications regarding the laissez-passers were unnecessary and disruptive and amounted to relitigation of issues that had already been decided by the Trial Chamber. 1880 The Chamber concluded that the motion was frivolous and denied fees and associated costs. 1881 1870 T. 7 September 2009, pp. 26-27. 1871 T. 7 September 2009, p. 27. 1872 Disclosure of Documents Retrieved from Witness CBK in Compliance with the Chamber’s Oral Ruling on 7 September 2009, filed on 7 September 2009. 1873 Prosecutor’s Joint Response to the Extremely Urgent Application for an Order of the Trial Chamber for the Immediate Production of Documents and the Addendum to the Defence’s 4 September 2009 Extremely Urgent Application for an Order of the Trial Chamber for the Immediate Production of Documents, filed on 9 September 2009. 1874 T. 17 September 2009, p. 14 (CS). 1875 T. 8 September 2009, pp. 55, 60. 1876 T. 9 September 2009, pp. 26-27, 39. 1877 Order for Disclosure of UNDF Inventory List (TC), 11 September 2009. 1878 Decision on the Defence Motion for Certification to Appeal the Trial Chamber’s Decision on the Extremely Urgent Defence Motion for a Stay of the Proceedings (TC), 16 September 2009. The Chamber concluded that an immediate resolution by the Appeals Chamber was not necessary because the Trial Chamber had not issued a final decision on the issues underlying the Impugned Decision. Decision on the Defence Motion for Certification to Appeal the Trial Chamber’s Decision on the Extremely Urgent Defence Motion for a Stay of the Proceedings (TC), 16 September 2009, para. 13. 1879 Decision on the Defence Motion for Certification to Appeal the Trial Chamber’s Oral Decisions of 31 August 2009 (TC), 17 September 2009, para. 16. 1880 Decision on the Defence Motion for Certification to Appeal the Trial Chamber’s Oral Decisions of 31 August 2009 (TC), 17 September 2009, para. 20. 1881 Decision on the Defence Motion for Certification to Appeal the Trial Chamber’s Oral Decisions of 31 August 2009 (TC), 17 September 2009. The Prosecutor v. Gaspard <strong>Kanyarukiga</strong>, Case No. ICTR-2002-78-T 176
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