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Judgement and Sentence 1 November 2010 725. On 17 September 2009, the Prosecution withdrew Witness CNI pursuant to Rule 73 bis(E) of the Rules and closed its case against the Accused. 1882 The Chamber held a status conference the same day to prepare for the Defence case. 1883 The Chamber issued a Scheduling Order on 28 September 2009, instructing the Defence to present its case between 18 January 2010 and 12 February 2010. 1884 726. On 24 September 2009, the Defence filed a motion pursuant to Rule 98 bis, requesting that the Chamber acquit the Accused of allegations contained within paragraphs 11 and 16 of the Amended Indictment. 1885 The Chamber denied the motion on 9 October 2009. 1886 727. On 24 September 2009, the Prosecution filed its “Further Response to the Interim Order of the Trial Chamber Concerning the Defence Request for Rule 68 Disclosure,” indicating that it had continued its search for the documents requested by the Defence but that it had not located any laissez-passers or other travel documents pertaining to the Accused. 1887 728. On 29 September 2009, the Prosecution filed a motion requesting formal notice of the Accused’s proposed alibi defence. 1888 The Defence filed a “Provisional Formal Notice of Alibi” on 30 September 2009 but indicated that it anticipated adding additional witnesses as evidence became available. 1889 729. On 1 October 2009, the Prosecution filed a response to the Defence’s Provisional Formal Notice of Alibi, submitting that the Defence had failed to comply with its disclosure obligations under Rule 67(A)(ii)(a). 1890 On 19 October 2009, the Trial Chamber ordered the Defence to confidentially disclose to the Prosecution by 6 November 2009, the names, current location, including the country and city of residence, and addresses in April 1994, including the préfecture, commune, secteur and cellule, of all witnesses upon whom it intended to rely to establish the Accused’s alibi. 1891 730. On 19 October 2009, the Trial Chamber denied a Prosecution motion for site visits in the Republic of Rwanda, finding that it would only be in a position to determine the usefulness of a site visit at the conclusion of the Defence case. 1892 731. On 30 October 2009, the Trial Chamber denied the Defence “Motion for the Prosecution to Disclose and Return Exculpatory Documents Seized from the Accused,” finding that there was no basis for ordering disclosure of the requested items as it had not been established that the laissezpassers were in the custody or control of the Prosecution. 1893 1882 T. 17 September 2009, p. 39. 1883 T. 17 September 2009, pp. 1-6 (Status Conference). 1884 Scheduling Order Following the Status Conference Held on 17 September 2009 (TC), 28 September 2009. 1885 Motion for Acquittal Pursuant to Rule 98 bis, filed on 24 September 2009. 1886 Decision on the Defence Motion for Judgement of Acquittal Pursuant to Rule 98 bis (TC), 9 October 2009. 1887 Prosecutor’s Further Response to the Interim Order of the Trial Chamber Concerning the Defence Request for Rule 68 Disclosure, filed on 24 September 2009. 1888 Prosecutor’s Motion for the Disclosure of the Particulars of the Alibi of the Accused Gaspard Kanyarukiga, Rules 67(A)(ii)(a), filed on 29 September 2009. 1889 Provisional Formal Notice of Alibi (Rule 67(A)(ii)(a) of the Rules of Procedure and Evidence), filed on 30 September 2009. 1890 Prosecutor’s Response (sic) Provisional Formal Notice of Alibi, Rules 67(A)(ii)(a), filed on 1 October 2009. 1891 Decision on Prosecution Motion for Alibi Particulars (TC), 19 October 2009. 1892 Decision on the Prosecution Motion for Site Visits (TC), 19 October 2009. 1893 Decision on Defence Motion for Disclosure and Return of Exculpatory Documents Seised from the Accused (TC), 30 October 2009. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 177
Judgement and Sentence 1 November 2010 732. On 6 November 2009, the Defence confidentially filed witness particulars for 19 potential alibi witnesses, including five of the eight witnesses identified in the Notice of Alibi. 1894 The Defence reiterated its intention to add or remove witnesses as its investigations unfolded. 1895 On 10 November 2009, the Prosecution filed a “Rejoinder to ‘Defense Alibi Witness Particulars’,” arguing that the Defence had not complied with the Chamber’s decision of 19 October 2009 or Rule 67(A)(ii)(a) of the Rules. 1896 On 26 November 2009, the Trial Chamber granted in part a Prosecution motion for further alibi particulars and ordered the Defence to provide additional details and clarify discrepancies between its two prior submissions. 1897 The Defence filed the requested information on 1 December 2009. 1898 733. On 20 November 2009, the Trial Chamber granted a Defence motion for certification to appeal the Trial Chamber’s 30 October 2009 decision on the Defence motion for disclosure and return of the alleged laissez-passers. 1899 734. On 18 December 2009, the Defence filed its Pre-Defence Brief along with Personal Identification Sheets for 31 protected witnesses. 1900 735. On 7 January 2010, the Trial Chamber granted a Defence motion for the transfer of detained Witness KG44 to the United Nations Detention Facility in Arusha. 1901 The Chamber also ordered the Defence to disclose witness identifying information missing from the Personal Identification Sheets filed on 18 December 2009. 1902 736. On 12 January 2010, the Defence filed an extremely urgent motion under Rule 66(B) of the Rules for disclosure of documents material to the preparation of the Defence case. 1903 The Defence requested disclosure of any documents related to its witnesses that were or might come into the possession of the Prosecution. 1904 737. On 13 January 2010, the Trial Chamber denied a Defence motion for video-link testimony. 1905 On 19 January 2010, the Defence filed a motion for certification to appeal the decision of the Trial Chamber, arguing that the Chamber had applied the wrong legal standard in denying the Defence motion for video-link testimony. 1906 On 22 January 2010, the Defence filed a confidential motion for reconsideration of the Chamber’s decision, arguing that new facts had been discovered since the Chamber’s decision and that the Trial Chamber applied the wrong legal 1894 Defense Alibi Witnesses Particulars (TC), filed on 6 November 2009, Annex. 1895 Defense Alibi Witnesses Particulars (TC), filed on 6 November 2009, para. 3. 1896 Prosecutor’s Rejoinder to ‘Defense Alibi Witness Particulars,’ filed on 10 November 2009. 1897 Decision on Prosecution Request for Further Alibi Particulars (TC), 26 November 2009. 1898 Further Defence Alibi Witnesses Particulars, filed on 1 December 2009. 1899 Decision on the Defence Motion for Certification to Appeal the Trial Chamber’s Decision of 30 October 2009 (TC), 20 November 2009. 1900 Pre-Defence Brief, filed on 18 December 2009; Confidential Personal Identification Sheets, filed on 18 December 2009. 1901 Decision on the Extremely Urgent Defence Motion for an Order for the Transfer of Detained Witness KG44 (TC), 7 January 2010. 1902 Decision on the Prosecution Motion for Disclosure of Defence Witness Particulars (TC), 7 January 2010. 1903 Extremely Urgent Motion for Disclosure of Documents Material to the Preparation of the Defence Case, filed on 12 January 2010. 1904 Extremely Urgent Motion for Disclosure of Documents Material to the Preparation of the Defence Case, filed on 12 January 2010. 1905 Decision on the Extremely Urgent Defence Motion for Witness KG15 to Testify by Means of Video-Link (TC), 13 January 2010. 1906 Motion for Certification to Appeal the Trial Chamber’s 13 January 2010 Decision on Video-Link Testimony, filed on 19 January 2010, paras. 1-4. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 178
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CHAPTER IV: LEGAL FINDINGS ........
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