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Canada: Munyaneza Genocide trail nears end

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Montreal: The landmark Canadian war crimes trial of a Rwandan man is wrapping up in Montreal this week - a lengthy and expensive process that has been shrouded in secrecy with witnesses testifying behind closed doors in Canada, Europe and Africa.

Both the Crown and the defence are finishing their final arguments in the case of Desire Munyaneza. Once they are done, as early as Thursday, the fate of the former Toronto resident will be up to Quebec Superior Court Justice Andre Denis.

Munyaneza, 41, is charged with genocide, crimes against humanity and war crimes for his alleged role in massacres and rapes in Butare, Rwanda.

If convicted, he could face life imprisonment in a Canadian jail.

Denis will have no shortage of reading material to sift through - both the defence and Crown have filed 1,000-page written final arguments. In addition, there are some 30,000 annexed pages and another 16,000 pages of court transcripts.

Munyaneza is the first person to be tried under Canada’s seven-year-old Crimes Against Humanity and War Crimes Act.

Munyaneza, who is alleged to be at the head of a gang that raped and murdered Rwandan Tutsis, has been detained since 2005.

He occasionally interjected Wednesday as his lawyers, Richard Perras and Mylene Dimitri, pointed to alleged inaccuracies and contradiction in witness testimony.

In one instance, Dimitri questioned the testimony of a rape victim identified as C-21, who was ambiguous about where the assaults took place.

"We attacked the credibility of the witnesses depending on the event," Perras explained outside the courtroom.

"But it’s very difficult to find people to contradict something that would have occurred somewhere (over) three months, somewhere in the Butare area.

"It’s extremely complex and we’ve had to live with those complexities."

Munyaneza’s trial began in Montreal on March 26, 2007, but has travelled far and wide to hear witness testimony. It has cost an estimated $1.6 million.

The secretive case heard testimony in France, Rwanda and Kenya with many witnesses testifying behind closed doors because of the fear of reprisals at home.

Denis ordered that most of the proceedings held this year be held in camera - without the public or press present in the courtroom - to protect the identities of those testifying.

Munyaneza arrived in Toronto in 1997 seeking refugee status but his claim was rejected. He was arrested in October 2005 after a five-year RCMP investigation.

About a month after his trial began, Munyaneza was severely beaten in his prison cell by a 17-year-old inmate.

His injuries, which included a broken nose, facial lacerations and head trauma, forced the case to be postponed briefly.

Following the incident, the prison said Munyaneza would be isolated in prison and during transit to and from court.

Perras said Munyaneza has been under a lot of stress.

"He knows certain evidence in his favour is out there, but reaching the person and getting the person to come (to Canada) ... it has been difficult," said Perras.

"We have simply had to live without the witness."

Perras said the case has been quite an experience.

"It’s extremely captivating but you have to invest yourself totally and there’s a lot of travelling involved," said Perras, who has been involved in the case full time since January 2007.

"It’s extremely demanding on the people involved - whether they are the Crown or the defence."

Federal prosecutor Pascale Ledoux said she is satisfied with how the case has progressed.

Denis is expected to discuss a time frame on Thursday for his ruling, but it should take several months.

"He’s got a lot to read and he’s got a lot to decide and there are a few issues where it’ll be a first and so he’ll have to make a ruling based on his own decision without any case law being helpful," said Perras.

The Canadian Press

 

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