Genocide accused gets second chance

A man accused of committing genocide in Rwanda has won the right to continue his fight to stay in New Zealand.

He was successful in his appeal to the High Court at Auckland against a decision by the Refugee Status Appeals Authority which refuses to recognise his refugee status.

Justice David Baragwanath, who suppressed the man's name, ruled that the case should go back to the authority, but should proceed on a confidential basis.

The Rwandan Government had issued a warrant for the man's arrest on charges of genocide and crimes against humanity. The proceedings arose from the 1994 genocide in Rwanda by Hutu of between 800,000 and a million Tutsis and moderate Hutus.*

In March in the District Court the Crown had challenged the man's application for conditional release from detention under the Immigration Act 1987 on the grounds that he currently faced, either in Rwanda or New Zealand, genocide charges which were supported by evidence.

The man said he had sought refugee status in New Zealand because the Rwandan Government had sent an agent to kill him in Brazil.

The man was concerned to keep the particulars of his defence to the allegations confidential to the authority and that they should not be disclosed either to the Rwandan Government or to the New Zealand officials involved in extradition procedures or prosecution.

He feared interference to the witnesses who could support his defence.

Justice Baragwanath said he was satisfied that the right to a fair ultimate trial was absolute and that New Zealand law would not permit conduct in this country which would imperil such a right whether the trial was to take place here or elsewhere.

He ruled that the authority hearing should proceed on a confidential basis and that the refugee status materials now to be provided by the man to the authority may not be disclosed to any agency for the purpose of extradition or criminal proceedings, and prohibited searches of the court file without the leave of the court.

- NZPA

* The High Court judgment about the case said the 1994 Rwandan genocide was committed by Tutsis against Hutus and this was reported by NZPA yesterday. In fact, Hutu extremists committed the genocide against Tutsis and moderate Hutus.