Arusha, July, 12th, 2005 (FH) - Tempers flew in court Tuesday when defence lawyers accused the prosecution of attacking their integrity during the trial of four senior officers in the former Rwandan army.

The incident was triggered when a member of the prosecution, Christine Graham from Sweden, stated that a defence witness had “whispered” an answer to a defence witness.

“It is my first time in my 38 years of practicing that my integrity has been questioned”, protested Andre Tremblay, the Canadian co-counsel for one of the accused, Major Aloys Ntabakuze, former commander of the Kanombe Para-military battalion in Kigali.

Tremblay then applied that the proceedings be suspended as he conferred with his Bar Association. His motion was not granted.

Professor Peter Erlinder, Tremblay’s partner demanded that the prosecution give its excuses as a sign of respect to the defence as well as the court. He argued that the allegations honoured neither side.

Other lawyers in the defence team joined the fray as they supported their colleagues.

The president of the chamber, Judge Erik Møse of Norway, was of the view that the witness himself had denied the Prosecutor’s allegations. He then declared the debate closed.

Baseless questions

The prosecution then attracted the ire of the defence when it suggested to the witness that in 1992 he had been an escort to the principle suspect in this trial, Colonel Theoneste Bagosora, former in the Rwandan ministry of defence.

Bagosora’s lawyer, Raphael Constant from France stood up immediately and said that the Prosecutor was asking baseless questions.

“I have for the past eight years been desperately looking for my client’s escorts. If the prosecution has information about this matter, it should furnish us with proof of its allegations”, he said.

Constant added that it was “inadmissible” and called on the chamber to note that the defence was working in very “difficult and unequal” conditions.

The rules state that both the defence and the prosecution should have the same access to all documents related to the trial according to the principle of “equality of arms”.

After consulting other members of the bench, the presiding judge then ruled that the issue would be discussed in a status conference with all parties present.

The so-called “Military I” trial is considered to be one of the most important held so far at the ICTR. It opened in April 2002.

Bagosora and Ntabakuze are jointly tried with the former head of operations of the Rwandan army, Brigadier Gratien Kabiligi and the commander of Gisenyi military region (northwest Rwanda, Lieutenant-Colonel Anatole Nsengiyumva.

All have pleaded not guilty to genocide, crimes against humanity and war crimes.

KN/GA/AT/MJ