Arusha, January 26th, 2004 (FH) - Alfred Pognon, lead counsel for the former Roman Catholic Priest of Nyange Parish, Western Rwanda, Athanase Seromba, who is on trial for genocide, Tuesday accused Trial Chamber Three of protecting the last prosecution witness during cross examination.

Judge Vaz of the International Criminal Tribunal for Rwanda had a tough job to control counsel Pognon who appeared angry and irritated when the prosecuting attorney Gregory Townsend raised an objection to the manner the counsel was cross questioning a self-confessed killer and prosecution witness code-named CNJ.

“I do not know whether to continue with my cross examination or not, if the Tribunal continues to protect the witness,” complained counsel Pognon.

This reaction prompted Judge Vaz to say, “If there is an objection we have to listen. Don’t get worked up, Mr. Pognon”. She ordered him to calm down before he continued cross examining the witness.

Counsel Pognon then read portions of three supplementary letters of confession and request for forgiveness written by the witness and addressed to the Rwandan Prosecutor.

In the letters, the witness stated, among other things, that Nyange parish was attacked on Thursday and Friday of the week following the death of the former Rwandan President, the late Juvenal Habyarimana. He also indicated that Father Seromba was consulted about allowing the attackers to spend a night at the church.

Asked why he did not narrate this information to the chamber during his examination in-chief he said what he told the chamber was supplementary information which according to him was legally allowed.

Counsel Pognon requested the chamber sanction the witness for giving contradictory information but prosecuting attorney, Gregory Townsend immediately objected saying the question was asked and answered.

“I read the letters. Some information is lacking,” said the defence lawyer, but Judge Vaz warned him, “if you proceed in this manner you will be the one to be sanctioned.”

Pognon also asked the chamber to police the proceedings by ordering the witnesses to stop mentioning his client as he narrated the events. In response, Judge Vaz told him, “it is not up to you to ask the chamber to police the proceedings.”

Witness CNJ concluded his testimony. The trial was later adjourned to March 1, 2005 when the defence would begin its case.

The 41-year old Father Seromba gave himself up to the ICTR in February 2002. He is accused of genocide and crimes against humanity and has pleaded not guilty. The Prosecution began its case on September 20, 2004.

NI/GF/FH (SB’’’0126e)