PROSECUTION v. GASORE
The Court held that the failure to summon and hear witnesses proposed by the accused does not constitute new evidence under article 180 of Law nº 13/2004, and thus does not justify review of the final judgment. The grounds advanced relate to the merits of the case, not to the statutory grounds for review.
Source-derived case information.
- Citation
- RS/REV/PEN 0004/10/CS
- Parties
- Applicant: Prosecution; Respondent: Gasore Kagiraneza Emmanuel
- Court
- Supreme Court
- Jurisdiction
- Rwanda
- Judgment Date
- 7 February 2014
- Case Number
- RS/REV/PEN 0004/10/CS
- Procedural Posture
- Criminal / Application for Review of Supreme Court Judgment
- Outcome
- Appeal dismissed as without merit
- Legal Topics
- Application for Review, New Evidence, Grounds for Review, Code of Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prosecution
Applicant
Gasore Kagiraneza Emmanuel
Respondent
Procedural Posture
Criminal / Application for Review of Supreme Court Judgment
Legal Issues
- 1 Whether evidence produced by the accused during the hearing but not decided upon by the Court constitutes new evidence justifying review of a final judgment
Ratio Decidendi
The Court held that the failure to summon and hear witnesses proposed by the accused does not constitute new evidence under article 180 of Law nº 13/2004, and thus does not justify review of the final judgment. The grounds advanced relate to the merits of the case, not to the statutory grounds for review.
Court Disposition
Appeal dismissed as without merit
Orders
- Appeal received as procedurally compliant
- Appeal dismissed for lack of merit
Full Case Text
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