UBUSHINJACYAHA v. FAYIRARA

UBUSHINJACYAHA v. FAYIRARA

The receipt (risi/recu) presented by FAYIRARA does not qualify as new evidence under Article 180 of Law No 13/2004 because he was aware of its existence during the original trial and failed to provide a valid reason for not presenting it earlier. Therefore, the request for revision based on new evidence is unfounded.

Citation
V.2[2014]RLR
Parties
Prosecution: Ubushinjacyaha; Appellant: FAYIRARA Ananias
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 October 2013
Case Number
RS/REV/PEN0016/10/CS
Procedural Posture
Criminal Appeal (revision) / Supreme Court Final Appellate Review
Outcome
Appeal dismissed; prior decision upheld.
Legal Topics
Forgery of Currency, New Evidence in Criminal Appeals, Revision of Criminal Judgments
Source Language
en, rw
Criminal Law Criminal Procedure Forgery of Currency New Evidence in Criminal Appeals Revision of Criminal Judgments

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Parties

Ubushinjacyaha

Prosecution

FAYIRARA Ananias

Appellant

Procedural Posture

Criminal Appeal (revision) / Supreme Court Final Appellate Review

Legal Issues

  1. 1 Whether the receipt (risi/recu) produced by FAYIRARA constitutes new evidence justifying revision of the criminal judgment

Ratio Decidendi

The receipt (risi/recu) presented by FAYIRARA does not qualify as new evidence under Article 180 of Law No 13/2004 because he was aware of its existence during the original trial and failed to provide a valid reason for not presenting it earlier. Therefore, the request for revision based on new evidence is unfounded.

Court Disposition

Appeal dismissed; prior decision upheld.

Orders

  • The appeal by FAYIRARA Ananias against the preliminary decision No RP 0410/09/Pré-ex/CS of 26/10/2009 is dismissed as unfounded.
  • The preliminary decision No RP 0410/09/Pré-ex/CS of 26/10/2009 remains unchanged.