UBUSHINJACYAHA v GASORE

UBUSHINJACYAHA v GASORE

The evidence presented by Gasore Kagiraneza Emmanuel, namely the list of witnesses not previously heard, does not constitute new evidence under Article 180 of Law nº 13/2004, but rather relates to the conduct of the original trial. Therefore, there are no grounds for revision of the final judgment.

Source-derived case information.

Citation
RS/REV/PEN 0004/10/CS
Parties
Prosecution: Ubushinjacyaha; Appellant: Gasore Kagiraneza Emmanuel
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
7 February 2014
Case Number
RS/REV/PEN 0004/10/CS
Procedural Posture
Criminal Revision / Supreme Court Appeal Against Preliminary Decision Refusing Revision
Outcome
Appeal dismissed
Legal Topics
Revision of Criminal Judgments, New Evidence, Procedural Law
Criminal Law Criminal Procedure Revision of Criminal Judgments New Evidence Procedural Law

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Parties

Ubushinjacyaha

Prosecution

Gasore Kagiraneza Emmanuel

Appellant

Procedural Posture

Criminal Revision / Supreme Court Appeal Against Preliminary Decision Refusing Revision

Legal Issues

  1. 1 Whether the evidence presented by Gasore Kagiraneza Emmanuel constitutes new evidence justifying revision of the final criminal judgment

Ratio Decidendi

The evidence presented by Gasore Kagiraneza Emmanuel, namely the list of witnesses not previously heard, does not constitute new evidence under Article 180 of Law nº 13/2004, but rather relates to the conduct of the original trial. Therefore, there are no grounds for revision of the final judgment.

Court Disposition

Appeal dismissed

Orders

  • The appeal is received but found to have no merit.
  • Court costs are to be borne by the State treasury.