UBUSHINJACYAHA v. HAKIZIMANA

UBUSHINJACYAHA v. HAKIZIMANA

The court held that the FECOMIRWA audit report does not constitute new decisive evidence as defined by Article 197 of Law No 027/2019, since it does not directly contradict the RCA report or establish that Hakizimana was wrongfully convicted. The report was produced by an internal committee after the fact and does not meet the legal requirements for new evidence capable of overturning the original judgment. Therefore, the application for revision lacks merit.

Citation
RS/REV/RP/ECON00008/2021/HC/KIG
Parties
Prosecution: Ubushinjacyaha; Defendant: Hakizimana John
Court
High Court
Jurisdiction
Rwanda
Judgment Date
13 February 2025
Case Number
RS/REV/RP/ECON00008/2021/HC/KIG
Procedural Posture
Criminal Revision / Judgment on Application for Review Based on New Evidence
Outcome
application for revision dismissed
Legal Topics
Revision of Criminal Judgments, New Evidence, Embezzlement, Burden of Proof
Source Language
rw
Criminal Law Criminal Procedure Revision of Criminal Judgments New Evidence Embezzlement Burden of Proof

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Parties

Ubushinjacyaha

Prosecution

Hakizimana John

Defendant

Procedural Posture

Criminal Revision / Judgment on Application for Review Based on New Evidence

Legal Issues

  1. 1 Whether the audit report by FECOMIRWA constitutes new decisive evidence justifying revision of the judgment against Hakizimana John

Ratio Decidendi

The court held that the FECOMIRWA audit report does not constitute new decisive evidence as defined by Article 197 of Law No 027/2019, since it does not directly contradict the RCA report or establish that Hakizimana was wrongfully convicted. The report was produced by an internal committee after the fact and does not meet the legal requirements for new evidence capable of overturning the original judgment. Therefore, the application for revision lacks merit.

Court Disposition

application for revision dismissed

Orders

  • The application for revision by Hakizimana John is dismissed as lacking merit.
  • The judgment in RPA/ECON00009/2019/HC/KIG remains in force in all its terms.