MUSEMA 10 MAY 99 by HC1207301206

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									MUSEMA                                             10 MAY 99



          1
              THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
          2
          3   CASE NO.:   ICTR-96-13-T               THE PROSECUTOR
                                                     OF THE TRIBUNAL
          4
          5                                              AGAINST
          6
          7                                            ALFRED MUSEMA
          8
                                   10 MAY 1999
          9                          0930
         10
              Before:        Mr. Justice Laity Kama, President
         11                  Mr. Justice Lennart Aspegren (presiding)
                             Madam Justice Navanethem Pillay
         12
              Courtroom Assistant:
         13                  Mr. Thobias F. Ruge
         14   For the Registrar:
                             Ms. Marianne Ben Salimo
         15
         16   For the Prosecution:
                             Ms. Jane Anywar Adong
         17                  Mr. Charles Adeogun-Phillips
                             Ms. Holo Makwaia
         18
         19   For the Defendant Musema:
                             Mr. Steven Kay
         20
         21   Court Reporters:
                             Haruna Farage
         22                  Judith Kapatamoyo
                             Gifty Harding
         23                  Petrus Chijarira
                             Regina Limula
         24
         25
                                   HARUNA FARAGE, OFFICIAL REPORTER
                                           ICTR, CHAMBER I
                                                 1
MUSEMA                                                  10 MAY 99



          1                             I N D E X
                                        WITNESSES
          2
              For the Defence:
          3
                                        THE ACCUSED: ALFRED MUSEMA
          4
              Direct Examination by Mr. Kay
          5
          6
                                        EXHIBITS
          7
              Defence   Exhibit   No.   D13.......................97
          8   Defence   Exhibit   No.   D14.......................98
              Defence   Exhibit   No.   D15.......................99.
          9   Defence   Exhibit   No.   D16......................115
              Defence   Exhibit   No.   D17......................122
         10   Defence   Exhibit   No.   D18......................124
              Defence   Exhibit   No.   D19......................126
         11   Defence   Exhibit   No.   D20......................142
              Defence   Exhibit   No.   D21......................147
         12   Defence   Exhibit   No.   D22......................149
              Defence   Exhibit   No.   D23......................163
         13   Defence   Exhibit   No.   D24......................169
              Defence   Exhibit   No.   D25 to D26...............173
         14
         15
         16
         17
         18
         19
         20
         21
         22
         23
         24
         25
                                        HARUNA FARAGE, OFFICIAL REPORTER
                                                ICTR, CHAMBER I
                                                      2
MUSEMA                                                 10 MAY 99



          1                           P R O C E E D I N G S
                                    Musema Trial, Continued
          2                              10 May 1999
                                              0930
          3
          4
          5   MR. PRESIDENT:
          6                    Good morning.   This is the 10th of May
          7                    1999, and I declare this session open.
          8                    Now under the program we are here to
          9                    listen to the defence opening it's case.
         10                    May I just ask prosecutor first, if you
         11                    are ready to proceed?
         12   MS. ADONG:
         13                    Yes, Your Honour.
         14   MR. PRESIDENT:
         15                    Counsel.
         16   MR. KAY:
         17                    Yes, Your Honour.
         18   MR. PRESIDENT:
         19                    Let me just then before giving the floor
         20                    to Mr. Kay, ask the prosecutor to tell us
         21                    whether you have close your case?
         22   MS. ADONG:
         23                    Your Honour, the prosecutor closed her
         24                    case on Friday, after the testimony of
         25                    the expert.
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  3
MUSEMA                                                 10 MAY 99



          1   MR. PRESIDENT:
          2                    Thank you, very much.    Now we have it on
          3                    record.    Now my first question to the
          4                    defence is, do you want to make a special
          5                    statement opening your case or what else
          6                    do you intend to present to us?
          7   MR. KAY:
          8                    No, Your Honour, I will not make an
          9                    opening argument or an opening
         10                    statement.   I merely have a matter of
         11                    administration to put before Your
         12                    Honours.
         13   MR. PRESIDENT:
         14                    Alright.
         15   MR. KAY:
         16                    This morning, Your Honours would have
         17                    found on the bench a blue file for each
         18                    of you which is labelled defence file.
         19   MR. PRESIDENT:
         20                    Indeed.
         21   MR. KAY:
         22                    A copy has already been served on the
         23                    prosecution last week and a copy has been
         24                    was provided for the registry and for the
         25                    translation.
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  4
MUSEMA                                              10 MAY 99



          1   MR. PRESIDENT:
          2                    Very well.
          3   MR. KAY:
          4                    And just to assist Your Honours, as we
          5                    would be referring to these documents at
          6                    a later stage in the trial. If I can just
          7                    advise you of the contents so that you
          8                    are familiar with the file when we reach
          9                    that stage.
         10   MR. PRESIDENT:
         11                    Very well.
         12   MR. KAY:
         13                    At the front of the file is a table of
         14                    contents with an index and the file is
         15                    divided into three sections.   Section A,
         16                    contains the original alibi notice that
         17                    was filed on the 5th of December.   And
         18                    section B, is a section that contains a
         19                    calender of 1994, pertinent months of
         20                    April, May, June and July in blank form
         21                    and then that is followed by a map of
         22                    Rwanda which is been put into a series of
         23                    A4 sheets. The first page of that map is
         24                    labelled B1, and it contains there the
         25                    provenance of the map that is to say, a
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  5
MUSEMA                                                10 MAY 99



          1                    touristic map dated the 1985 and it has
          2                    legend for the map on the first page.
          3                    The second page contains various
          4                    distances between places within Rwanda
          5                    that is found on the map and that we
          6                    thought might assist Your Honours.
          7   MR. PRESIDENT:
          8                    Yes.
          9   MR. KAY:
         10                    And after that the third page we come to
         11                    central Rwanda including on the right
         12                    hand side Kigali.
         13   MR. PRESIDENT:
         14                    Yes, I can see that.
         15   MR. KAY:
         16                    And on the left hand side, Kibuye.
         17   MR. PRESIDENT:
         18                    Yes, and the Lake Kivu.
         19   MR. KAY:
         20                    Exactly. In the middle Gitarama, down at
         21                    the bottom Butare. It might be helpful as
         22                    I have found it helpful looking at these
         23                    maps to use a high lighter to make the
         24                    pertinent places stand out and so that
         25                    the bench can more easily see the names
                                      HARUNA FARAGE, OFFICIAL REPORTER
                                              ICTR, CHAMBER I
                                                    6
MUSEMA                                                10 MAY 99



          1                    of places for the relevant. The next page
          2                    is the Kibuye section of the map,
          3                    stretching up to Gisenyi and the last
          4                    page is the bottom southwest corner of
          5                    Rwanda, where we have Cyangugu, on the
          6                    left hand side down near border with
          7                    Zaire.
          8   MR. PRESIDENT:
          9                    I'm sure these maps would be very
         10                    useful.
         11   MR. KAY:
         12                    There is then a section of some plans
         13                    that were drawn by the defendant in 1995,
         14                    which are relevant to the area of the
         15                    Gisovu tea factory which maybe helpful to
         16                    the court.    The first being the general
         17                    location of the tea factory amongst other
         18                    projects in that part of the Kibuye
         19                    prefecture.    That's labelled B2.
         20   MR. PRESIDENT:
         21                    Yes.
         22   MR. KAY:
         23                    The next page B3, is a plan of the
         24                    various buildings within the Gisovu tea
         25                    factory that the court would have heard
                                      HARUNA FARAGE, OFFICIAL REPORTER
                                              ICTR, CHAMBER I
                                                    7
MUSEMA                                                10 MAY 99



          1                    tell off, the factory itself and the
          2                    guest house, the houses of various people
          3                    who have been mentioned, the Musema
          4                    house, the Rwagapfizi house, the Ndoli's
          5                    house and Twagira Kayego's house.
          6   MR. PRESIDENT:
          7                    I understand these were made by Mr.
          8                    Musema, himself.
          9   MR. KAY:
         10                    Yes, Your Honour.    The next section of
         11                    the map-- of the file, section C,
         12                    contains a series of documents, the
         13                    pagination of which is on the bottom
         14                    right hand corner where you see 1, and
         15                    then 1(a) would be a translation into
         16                    French and 1(b) as a translation into
         17                    English.
         18   MR. PRESIDENT:
         19                    Very well.
         20   MR. KAY:
         21                    As you see on document 2, at page 2 which
         22                    is a Kinyarwanda, French would be at A,
         23                    the English at B, so that the
         24                    translations are linked with the main
         25                    document.    That's a pattern that's
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  8
MUSEMA                                                10 MAY 99



          1                    repeated throughout the file.
          2   MR. PRESIDENT:
          3                    Yes.
          4   MR. KAY:
          5                    It's not a completely chronological file
          6                    because of reasons of convenience one had
          7                    to leave the chronology when one is
          8                    moving to the various areas in the middle
          9                    of the file I can tell the court that's a
         10                    bit complicated but that's merely
         11                    circumstances rather than any misplanning
         12                    (sic).
         13   MR. PRESIDENT:
         14                    I'm sure you will guide us to that.
         15   MR. KAY:
         16                    I hope so. So I hope Your Honours now are
         17                    all familiar with the documents we won't
         18                    be starting with these they would be use
         19                    at a later stage in the trial when we
         20                    reach that necessary part of it.    I
         21                    thought it would be helpful to give Your
         22                    Honours, a preliminary sight so that you
         23                    know your way bit around the file when we
         24                    start getting into it.
         25   MR. PRESIDENT:
                                      HARUNA FARAGE, OFFICIAL REPORTER
                                              ICTR, CHAMBER I
                                                    9
MUSEMA                                                 10 MAY 99



          1                    Thank you, very much for doing so.   I
          2                    have a small question for you there.      If
          3                    I remember well somebody probably you
          4                    yourself, gave us some letters in French,
          5                    they are handwritten letters or
          6                    photocopies of handwritten letters and I
          7                    had some difficulty reading the
          8                    handwriting, so I have asked my secretary
          9                    to type this out for us with the idea of
         10                    giving a copy of this typed version of
         11                    course also to the parties. She's working
         12                    at that now.
         13   MR. KAY:
         14                    Yes.
         15   MR. PRESIDENT:
         16                    May I just ask you is that work
         17                    worthwhile? I mean are you going to use
         18                    those letters if it were you who gave it
         19                    to us?
         20   MR. KAY:
         21                    Yes.
         22   MR. PRESIDENT:
         23                    I'm sorry because I get so many--
         24   MR. KAY:
         25                    I know. I'm not sure whether- it could be
                                      HARUNA FARAGE, OFFICIAL REPORTER
                                              ICTR, CHAMBER I
                                                    10
MUSEMA                                                 10 MAY 99



          1                    the prosecutor.
          2   MR. KAY:
          3                    They are from us.
          4   MR. PRESIDENT:
          5                    Okay.
          6   MR. KAY:
          7                    And they've been filed as part of the
          8                    alibi notice.
          9   MR. PRESIDENT:
         10                    I see. Yes.
         11   MR. KAY:
         12                    They've have submitted for translation
         13                    and they've been actually translated from
         14                    French into English.    We don't have a
         15                    type copy of the French but we thought
         16                    the text is clear enough without
         17                    burdening the file too much. As a aid for
         18                    Your Honour, it would certainly be of
         19                    use.
         20   MR. PRESIDENT:
         21                    I'm sure it is clear enough only I had
         22                    some difficulties but just to overcome
         23                    those that I had this idea but of course
         24                    we are expecting an English version
         25                    also.
                                       HARUNA FARAGE, OFFICIAL REPORTER
                                               ICTR, CHAMBER I
                                                     11
MUSEMA                                                 10 MAY 99



          1   MR. KAY:
          2                    Yes.
          3   MR. PRESIDENT:
          4                    Okay, so they are not in here. Are they?
          5   MR. KAY:
          6                    They are in here.
          7   MR. PRESIDENT:
          8                    They are in here.    Alright. Very good.
          9   MR. KAY:
         10                    A number of documents over the last three
         11                    months have been put in with translation,
         12                    you had a high return back but not all
         13                    the documents have been translated
         14                    because as I understand the translation
         15                    department of the registry is quite
         16                    burden with producing documents for
         17                    various parties but as more documents
         18                    become available, we'll be able to insert
         19                    them into the various files using that
         20                    same system of the number plus A, B, C,
         21                    D, E.
         22   MR. PRESIDENT:
         23                    Very good.
         24   MR. KAY:
         25                    Your Honours, the top right hand corner
                                       HARUNA FARAGE, OFFICIAL REPORTER
                                               ICTR, CHAMBER I
                                                     12
MUSEMA                                              10 MAY 99



          1                    of the documents within the file contain
          2                    a code such as B1, when one looks at the
          3                    documents or B2 or B3 or B7 whatever,
          4                    ignore those that's purely for defence
          5                    filing purposes to enable the exhibit to
          6                    be produced at the time.
          7   MR. PRESIDENT:
          8                    Alright. Do you I understand you
          9                    correctly if I say that, the idea is that
         10                    we, I mean the judges could stick to this
         11                    file now as being the complete defence
         12                    file and we would not have to go back to
         13                    the other files?
         14   MR. KAY:
         15                    I don't think so that you would have to
         16                    go back there maybe a document that
         17                    arises from somewhere that we have
         18                    occasion to deal with.
         19   MR. PRESIDENT:
         20                    Alright. Of course, of course. But the
         21                    intention is this?
         22   MR. KAY:
         23                    This is the guts of the defence case.
         24   MR. PRESIDENT:
         25                    Yes. I have a question from Judge Kama.
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  13
MUSEMA                                                10 MAY 99



          1   JUDGE KAMA:
          2                    I do not know whether I should ask a
          3                    question now or later, this concerns the
          4                    document on the alibi, document A.     I
          5                    have seen a sentence in which the defence
          6                    is supposed to be carrying out
          7                    investigations and reserve the right to
          8                    add other witnesses to the alibi
          9                    witnesses.    I want to know where we are
         10                    going?    Is that a possibility that you
         11                    are going to exploit? We would like to be
         12                    guided.
         13   MR. PRESIDENT:
         14                    I think it is a good moment for us to
         15                    take it up.
         16   MR. KAY:
         17                    Yes, Your Honour, a good question as I
         18                    said this was the document filed on the
         19                    5th of December, with those witnesses
         20                    known at that time.
         21   MR. PRESIDENT:
         22                    Yes.
         23   MR. KAY:
         24                    And as more material has come into the
         25                    hands of the defence we've been able to
                                      HARUNA FARAGE, OFFICIAL REPORTER
                                              ICTR, CHAMBER I
                                                    14
MUSEMA                                                10 MAY 99



          1                    supplement that original list of
          2                    witnesses which have been filed with the
          3                    prosecution in court at various stages as
          4                    they become known to us.     So this is not
          5                    the full list as the court knows, we
          6                    filed in the pre-defence brief the names
          7                    and identities of the witnesses we are to
          8                    be calling as well as their code letters
          9                    for those who are to be protected.
         10   MR. PRESIDENT:
         11                    Yes.   Alright.
         12   MR. KAY:
         13                    And I believe Your Honour, at the recent
         14                    Status conference heard from me the
         15                    position concerning two witnesses that
         16                    recently came to the attention of the
         17                    defence and that we have added to our
         18                    list which would mean that, two will more
         19                    than likely not have to be called because
         20                    they all cover the same area and what we
         21                    have done is some pruning.
         22   MR. PRESIDENT:
         23                    I remember that.   I remember that
         24                    although I also remember that you said
         25                    the usual affect of pruning that is that
                                      HARUNA FARAGE, OFFICIAL REPORTER
                                              ICTR, CHAMBER I
                                                    15
MUSEMA                                                10 MAY 99



          1                    other parts of the thing will grow would
          2                    not appear.   On the contrary, If I
          3                    remember well you said we would save some
          4                    time by shifting out these two witnesses
          5                    into two others.
          6   MR. KAY:
          7                    We do.
          8   MR. PRESIDENT:
          9                    And as you know there is already a
         10                    decision concerning these other two
         11                    witnesses in oral form last Friday, and I
         12                    hope you have it in written form also now
         13                    if not so it could be distributed--
         14                    should be distributed today.
         15   MR. KAY:
         16                    We have been put in possession of that or
         17                    rather the witness unit were and we were
         18                    able to use that to good effect on the
         19                    weekend.
         20   MR. PRESIDENT:
         21                    Very good. Yes, I have a question from
         22                    Judge Pillay.
         23   JUDGE PILLAY:
         24                    Mr. Kay, I would like to know whether you
         25                    intend to refer to Exhibits 20 and 7 or
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  16
MUSEMA                                                10 MAY 99



          1                    the photo exhibits?   Then I would know
          2                    whether I should relegate it to the
          3                    bottom of my desk here or keep it crowded
          4                    in my elbow (phonetics).
          5   MR. KAY:
          6                    I can probably give Your Honours some
          7                    advise, I left mine in the other room and
          8                    I am not giving any guarantees but
          9                    certainly for the moment they don't form
         10                    part of necessary material.
         11   MR. PRESIDENT:
         12                    Thank you, very much, counsel.     You have
         13                    the floor.
         14   MR. KAY:
         15                    At this stage then Your Honour, I would
         16                    open the defence case by calling Alfred
         17                    Musema.
         18   MR. PRESIDENT:
         19                    Alright. Mr. Musema, we would ask you to
         20                    come forward and come before me.
         21                    Accompany the accused to the witness
         22                    stand.    May I ask also registry to see to
         23                    it that there is a piece of paper and a
         24                    pen available for the accused.     Let the
         25                    registry see to it that the mikes are
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  17
MUSEMA                                                  10 MAY 99



          1                    working both of them, there is only one
          2                    mike working but I think it might be
          3                    enough. Mr. Musema, are you ready to give
          4                    evidence in your case?
          5   THE ACCUSED:
          6                    Yes, Your Honour.    Yes, Mr. President,
          7                    yes, Your Honours.
          8   MR. PRESIDENT:
          9                    Therefore, I'll ask you before you give
         10                    testimony you would have to stand up and
         11                    make the following declaration.      You
         12                    repeat after me.
         13
         14                    (OATH ADMINISTERED TO THE ACCUSED)
         15
         16                    Thank you.   Sit down.    I will remind you
         17                    that this means that when you give
         18                    testimony you will be speaking under
         19                    penalty of severe sanctions in the event
         20                    you don't speak the truth.     I am sure you
         21                    are aware of this because you've already
         22                    been-- you've already had the opportunity
         23                    of listening to other witnesses, I have
         24                    been saying the same thing to all the
         25                    witnesses. So I do not need to give you
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  18
MUSEMA                                              10 MAY 99



          1                    any guidelines on the form of your
          2                    answers I will give the floor to your
          3                    defence counsel, Mr. Kay.   Counsel, you
          4                    have the floor.
          5   MR. KAY:
          6                    Thank you, Your Honour. Before I start I
          7                    find this very distracting on the left of
          8                    me and I can't see Judge Kama, and only a
          9                    bit of Your Honour and it's important
         10                    that I may be unable to see Your Honours,
         11                    just in case one get lost in documents or
         12                    otherwise.
         13   MR. PRESIDENT:
         14                    I just said generally that I hope the
         15                    photographers or the cameraman would take
         16                    that into consideration and keep, keep a
         17                    bit aside. Then also I must say that we
         18                    have-- we know that it is an
         19                    inconvenience to have photographers in
         20                    the courtroom and usually in many
         21                    countries you don't allow for it but we
         22                    have taken a decision at a early stage
         23                    that we would allow that in this court
         24                    and although we are aware of some
         25                    inconveniences and as soon as you have
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  19
MUSEMA                                                 10 MAY 99



          1                    some comments on the way the
          2                    photographers or journalist are working
          3                    within the courtroom, it's up to you to
          4                    feel free to put our attention to that.
          5   MR. KAY:
          6                    Yes. I have no objection it's merely a
          7                    distraction that is blocking my view.
          8   MR. PRESIDENT:
          9                    No, I understand.    I understand you so
         10                    but I wanted to explain also that we have
         11                    a general permission so to speak, that
         12                    authorised photographers after consulting
         13                    the press section here could be allowed
         14                    work in here in the courtroom but as I
         15                    say I take it that will now disturb eye
         16                    contact or so forth between us who are
         17                    here to work.
         18   MR. KAY:
         19                    Yes. I don't know if it is possible for
         20                    the photographer to set up on the other
         21                    side of the court.
         22   MR. PRESIDENT:
         23                    It maybe a good idea.
         24   MR. KAY:
         25                    I think it would be easier my assistant
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  20
MUSEMA                                                 10 MAY 99



          1                    is sitting by me.
          2   MR. PRESIDENT:
          3                    Yes. Would you please consider putting up
          4                    your camera on that side instead since
          5                    the questions at this stage would come
          6                    from the defence and they are three
          7                    lawyers, three barristers working with
          8                    the defence and they would like to follow
          9                    the trial without any interference.
         10                    Thank you, very much.    So I hope we are
         11                    now came to order and-- very well.
         12
         13                    (DIRECT EXAMINATION OF THE ACCUSED)
         14   BY MR. KAY:
         15                    Thank you. Is your name Alfred Musema?
         16   THE ACCUSED:
         17                    Yes, I am called Alfred Musema.
         18   MR. KAY:
         19   Q.               And were you the former Director of the
         20                    Gisovu tea factory?
         21   A.               Yes.
         22   Q.               Could give the court your date of birth?
         23   A.               I was born on 22 August 1949.
         24   Q.               I'm going to start off your evidence by
         25                    asking you questions about your
                                      HARUNA FARAGE, OFFICIAL REPORTER
                                              ICTR, CHAMBER I
                                                    21
MUSEMA                                     10 MAY 99



          1        background, Mr. Musema.     The first
          2        question I ask is this, were you born in
          3        the prefecture of Byumba?
          4   A.   Yes.
          5   Q.   And was that the prefecture from which
          6        your family came?
          7   A.   That's correct.
          8   Q.   And your ethnic group as defined in
          9        Rwanda is of what group?
         10   A.   Hutu.
         11   Q.   And were your mother and father also
         12        Hutu?
         13   A.   The ethnic group derives from the father,
         14        my father is Hutu and that is all I know
         15        for the moment.
         16   Q.   And what was the occupation of your
         17        father?
         18   A.   My father was an ordinary peasant but
         19        self sufficient.     He depended entirely on
         20        his agriculture, livestock breeding, he
         21        was also a trader moving from place to
         22        place.    In a nutshell those were his
         23        activities.
         24   Q.   And in which part of Byumba, were you
         25        raised and lived at as a child with your
                           HARUNA FARAGE, OFFICIAL REPORTER
                                   ICTR, CHAMBER I
                                         22
MUSEMA                                    10 MAY 99



          1        parents?
          2   A.   I lived in the Rutare commune.
          3   Q.   And how many brothers or sisters did you
          4        have in your family?
          5   A.   I have an elder sister from my mother
          6        that is to say we are two from my mother
          7        and my father married again and had seven
          8        children, had seven children with the
          9        other woman.
         10   Q.   And do you have a religion and if so,
         11        what is your religious group?
         12   A.   I belong to the Roman Catholic Church.
         13   Q.   And was your father also member of that
         14        church?
         15   A.   My father is Anglican.
         16   Q.   And when were you admitted into the
         17        catholic church?
         18   A.   It was at the age of six.
         19   Q.   The place where you were raised by your
         20        father, did he have a house with a small
         21        amount of ground?   Can you tell us the
         22        sort of size of the place it was where
         23        you were brought up?
         24   A.   The place where I was educated when I was
         25        young is in family holding where my
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      23
MUSEMA                                   10 MAY 99



          1        father also lived, my father, his
          2        brothers, my grandfather.   It was not
          3        like a village but it was-- there were
          4        houses very close to one another and
          5        there was a-- there was farming, there
          6        was grazing, there was reforestation.
          7   Q.   I now want you questions about your
          8        educational background.   What age did you
          9        go to school?
         10   A.   I went to school in 1955, that is at the
         11        age of six when I went to primary school.
         12   Q.   And from primary school you went to
         13        where?   What was your next school?
         14   A.   The primary school was three/four
         15        kilometers away from the family house, I
         16        spent the first year in that school.
         17        Then for the second year, I went to
         18        Gwesero, where I did the second, third,
         19        fourth and fifth years.   For the sixth
         20        year, I went to Rutongo and that was the
         21        end of primary school education. Rutongo
         22        is located at over twenty kilometers and
         23        there I was in a boarding school.
         24   Q.   And did you go to secondary school?
         25   A.   I went to secondary school in Kigali, at
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      24
MUSEMA                                    10 MAY 99



          1        College Saint Andre, where I spent seven
          2        years.
          3   Q.   At what age did you go to College Saint
          4        Andre?
          5   A.   At the age of thirteen.
          6   Q.   Did you have any family members who lived
          7        in Kigali?
          8   A.   None.
          9   Q.   And so when you were sent to boarding
         10        school, did you return to your parents at
         11        school holidays to lived amongst your
         12        family?
         13   A.   Yes, that's correct.
         14   Q.   You left Saint Andre at what age?
         15   A.   I left Saint Andre at the age of
         16        eighteen, I spent seven years in
         17        secondary school. So if my calculations
         18        are right then I left Saint Andre at the
         19        age of eighteen.
         20   Q.   And with what qualifications did you
         21        leave Saint Andre?
         22   A.   I obtained a certificate, I obtained what
         23        is called a certificate in the humanities
         24        majoring in Latin and sciences.
         25   Q.   Did you finish those school days with any
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      25
MUSEMA                                   10 MAY 99



          1        distinction or awards?
          2   A.   I was first in the class.
          3   Q.   After Saint Andre, did you have further
          4        education?   And if so, where?
          5   A.   I obtained a government scholarship and I
          6        went to university in Belgium.
          7   Q.   Which university was that?
          8   A.   The State university, the faculty of
          9        agriculture at Geanblux, Geanblux,
         10        G-E-A-N-B-L-U-X.
         11   Q.   When you started at university there,
         12        were there any other students from Rwanda
         13        who were part of your year commencing
         14        studies in Belgium at that university?
         15   A.   When I arrived in the Geanblux we were
         16        two and there I met Rwandese eyes who had
         17        completed his first situation circle of
         18        study in Burundi, but he was also there
         19        in Geanblux.
         20   Q.   Can you remember what year it was that
         21        you started at Geanblux?
         22   A.   This was the academic years 60-- academic
         23        periods 68/69.
         24   Q.   At that time in Rwanda, were there many
         25        people in the position that you were in
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      26
MUSEMA                                                10 MAY 99



          1                    who were able to go to university abroad,
          2                    outside Rwanda?
          3   A.               Many that would not be correct but there
          4                    were students, there were students who
          5                    received scholarships to go and study in
          6                    Belgium, France, Italy, the Soviet Union
          7                    and other countries as well but the
          8                    system was operational.
          9   Q.               Now again at that time in 1968 to 1969
         10                    had you had any work experience of any
         11                    type or had you just been a young man who
         12                    had been involve in with his studies?
         13   A.               I had no professional experience.
         14   MR. PRESIDENT:
         15                    Sorry to interrupt you but since this
         16                    would take a few days I would just that
         17                    you pay to the attention to the fact that
         18                    if you want to stand up or sit down, it's
         19                    entirely up to you, as you like it.
         20   MR. KAY:
         21                    I'm very grateful to Your Honour, for the
         22                    consideration.    At that time then when
         23                    you started your studies at Geanblux, why
         24                    did you choose agriculture as the course
         25                    that you would study at university?
                                    HARUNA FARAGE, OFFICIAL REPORTER
                                            ICTR, CHAMBER I
                                                  27
MUSEMA                                               10 MAY 99



          1   THE ACCUSED:
          2                  There was a combination of
          3                  circumstances.   My intention was to do
          4                  mathematics and physics but since it was
          5                  the Belgium government that gave the
          6                  financial assistance or the scholarship
          7                  the scholarship adviser took the list of
          8                  the Rwandans who were there classified
          9                  the Rwandans and advise us to instead do
         10                  studies related to the economy of our
         11                  country.   Thus, I and someone else were
         12                  advise to do agriculture so this was not
         13                  a personal choice, I was advise to do
         14                  agriculture.
         15   MR. KAY:
         16   Q.             And for how long did you study at the
         17                  university Geanblux agriculture?     For how
         18                  long were you there?
         19   A.             I spent six years at Geanblux, normally
         20                  the training last five years but in the
         21                  course of my training I had a health
         22                  problem and I had to provisionally
         23                  interrupt my studies.    So after the
         24                  interruption I resumed studies so I spent
         25                  six years at Geanblux.    Normally the
                                  HARUNA FARAGE, OFFICIAL REPORTER
                                          ICTR, CHAMBER I
                                                28
MUSEMA                                     10 MAY 99



          1        course last five years.
          2   Q.   And at that time having qualified how old
          3        were you?
          4   A.   It was 74, that was 1974, therefore I was
          5        25 years old.
          6   Q.   And with what degree did you graduate?
          7   A.   I had a diploma in agricultural
          8        engineering majoring in the rural
          9        department.   In the faculty, there are
         10        various areas of specialization so I
         11        specialized in rural development.
         12   Q.   And did you graduate with any
         13        distinctions or with what class?
         14   A.   I graduated with a distinction.
         15   Q.   At that age then were you able for five--
         16        six years that you were studying in
         17        Belgium to return to Rwanda, on occasions
         18        to visit your family?
         19   A.   I was able to return twice, the first
         20        time was after three years of studies in
         21        Belgium and the second time was one year
         22        before the completion of my course.    I
         23        went-- I returned home to do part of my
         24        thesis and I spent two months
         25        approximately, in Rwanda.
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      29
MUSEMA                                    10 MAY 99



          1   Q.   Did any other members of your family go
          2        to university and graduate with a
          3        degree?
          4   A.   Unfortunately, no.
          5   Q.   I want to ask you some questions now
          6        about your circumstances leaving matters
          7        at 25.    You are a married man, is that
          8        right?
          9   A.   Yes, that's right.
         10   Q.   And at what age did you marry?
         11   A.   At the age of 26, in 1975.
         12   Q.   And is the name of your wife Clare
         13        Kayuku?
         14   A.   That's right.
         15   Q.   And where did you meet Clare Kayuku?
         16   A.   We met in Belgium where she was also
         17        doing her studies.
         18   Q.   And what course was she studying?
         19   A.   She was doing her studies in a higher
         20        institution in the Belgium system she was
         21        doing home economics, she was studying
         22        home economics.
         23   Q.   The two of you having met in Belgium, you
         24        eventually married when you return to
         25        Rwanda.   Is that right?
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      30
MUSEMA                                      10 MAY 99



          1   A.   That's right.
          2   Q.   Now children, how many children do you
          3        have?
          4   A.   We have three children.
          5   Q.   And if you could just give their first
          6        names?
          7   A.   There is Patrick Olivier the eldest, Jean
          8        Therry, the second and Andre, the third
          9        one.
         10   Q.   In what year if you can remember was the
         11        first child born?
         12   A.   In 1976.
         13   Q.   You told us that you met Madam CLAIRE
         14        while you were in Belgium and you married
         15        on return to Rwanda.    First of all, did
         16        she have any employment when she returned
         17        to Rwanda having finished her studies?
         18   A.   My wife returned to Rwanda well before me
         19        and she was a teacher in the prefecture
         20        of Butare, her home prefecture.
         21   Q.   I'm going to ask you some questions now
         22        about her background.    You've told us
         23        that her home prefecture is Butare.    Is
         24        that where her family lived?
         25   A.   That's right.
                           HARUNA FARAGE, OFFICIAL REPORTER
                                   ICTR, CHAMBER I
                                         31
MUSEMA                                      10 MAY 99



          1   Q.   And in which part of Butare?
          2   A.   Her family in fact up to 1994, lived in
          3        Rubona, R-U-B-O-N-A, Rubona, this is
          4        about 15 kilometers from Butare towards
          5        Kigali on the map.
          6   Q.   And at Rubona, did her family what was--
          7        what occupation was her family involved
          8        with?
          9   A.   Her father was an agriculturalist in the
         10        research center at Isar, I-S-A-R and this
         11        up to 1961, when he died, when he died
         12        unexpectedly, his wife as well as the
         13        children were authorised to stay or
         14        continue living in one of the houses of
         15        Isar and thus my wife's family continued
         16        living in Rubona.
         17   Q.   And that was a house within the research
         18        station itself. Was it?
         19   A.   Yes, that's right.
         20   Q.   The size of her family, Madam Claire's
         21        family how many brothers and sisters did
         22        she have?
         23   A.   It is a big family.
         24   Q.   Can you--?
         25   A.   She has AUGUSTINE, ANTOINE, LOUIS, I
                           HARUNA FARAGE, OFFICIAL REPORTER
                                   ICTR, CHAMBER I
                                         32
MUSEMA                                  10 MAY 99



          1        think four brothers, four sisters and she
          2        herself so they are nine, nine children
          3        in the family.
          4   Q.   And were they all raised in Rubona?
          5   A.   Yes, they were raised in Rubona up to the
          6        age when some of them married or
          7        continued their studies abroad or else
          8        where.
          9   Q.   Now I want to ask you questions about
         10        what you did when you left Belgium and
         11        returned as a-- with a degree in
         12        agriculture to Rwanda.   Did you return to
         13        a job or did you have to find a job?
         14   A.   When I went to Rwanda, I went for two
         15        reasons, the first was to get married,
         16        the second reason was to obtain from the
         17        government of Rwanda the authorisation to
         18        return to Belgium in order to complete my
         19        training by obtaining a diploma in
         20        economics of developing countries.
         21   Q.   Were you able to do that?   To obtain this
         22        diploma that you wanted?
         23   A.   The government of Rwanda refused to grant
         24        me the authorisation to return to Belgium
         25        whereas I had a scholarship I had
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      33
MUSEMA                                   10 MAY 99



          1        everything that was necessary to go and
          2        do that training at Antwerp, in Belgium.
          3        At that time the government asked me to
          4        start working immediately, to start
          5        working in the public service, all the
          6        civil servants are grouped together in
          7        the civil service core.   I already had
          8        another proposal or offer, I had another
          9        offer from a private organization IDAR,
         10        which also wanted to employ me. I was not
         11        allowed to take up that position because
         12        I had to obtain a prior authorisation, I
         13        was not given the authorisation, I was
         14        appointed I didn't ask for the
         15        appointment.   I was appointed in the
         16        central administration in the ministry of
         17        agriculture and livestock breeding.
         18   Q.   And what was your position there?
         19   A.   I started being an engineer in the
         20        department of rural development. I worked
         21        with a group, a French group called
         22        Orxtom, O-R-X-T-O-M, which was in
         23        particular responsible for researching
         24        agricultural, climatology, hydraulics and
         25        so on.
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      34
MUSEMA                                    10 MAY 99



          1   Q.   And your position as an engineer was in
          2        what capacity? What kind of agricultural
          3        engineering within that department?
          4   A.   That department was called rural
          5        development and it was responsible for
          6        territorial development for example,
          7        drainage, irrigation works, fight against
          8        erosion and similar systems.
          9   Q.   Were there other people within your
         10        department whom like you had been able to
         11        be educated and received a degree abroad?
         12   A.   When I arrived the engineers were mainly
         13        French, French expatriates but
         14        nevertheless, I met two other Rwandan
         15        colleagues, one of them had been trained
         16        in the Soviet Union, another was the
         17        Rwandan engineer whom I had met at
         18        Geanblux regarding whom you asked me a
         19        question earlier on.
         20   Q.   It doesn't matter about the names merely
         21        the kind of place that you worked in at
         22        that stage.   For how long did you remain
         23        within that department?
         24   A.   When I arrived, when I started working
         25        there was, there was a modification of
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      35
MUSEMA                                     10 MAY 99



          1        the organization chart at the level of
          2        the state, there were changes in the
          3        ministries.    Thus, in 1976, the ministry
          4        of agriculture was restructured and it
          5        became the ministry of agriculture,
          6        livestock and forestry with the creation
          7        of several other departments, one of
          8        which was the Directorate General for
          9        rural engineering and soil preservation.
         10        I was transferred to this new Directorate
         11        General.
         12   Q.   The department that you worked in, was
         13        that in Kigali?
         14   A.   It was in Kigali, the office was in
         15        Kigali.
         16   Q.   We know that you eventually worked for
         17        OCIR-THE.     At what year did you commence
         18        your employment with that particular
         19        department?
         20   A.   I started working with OCIR-THE long time
         21        I think that is in 1984.
         22   Q.   I'm now going to ask you questions about
         23        that period of time then that you first
         24        started working in Rwanda until you
         25        joined OCIR-THE.     Were you similarly
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      36
MUSEMA                                  10 MAY 99



          1        involved in agricultural departments,
          2        agricultural projects for the government
          3        ministries?
          4   A.   Contrary to what some people have said
          5        the department in which I worked was not
          6        the most important in the ministry of
          7        agriculture, it was the youngest
          8        department with limited resources.    We
          9        did not have external financing, we
         10        worked with strictly national resources
         11        or budgets and we were involved in
         12        specific programs, programs that were
         13        much more extensive at the level of the
         14        department, at the level of rural
         15        developmental, rural engineering. This
         16        program related to development of mass
         17        lands, the development of the territory
         18        as a whole, studies and projects and
         19        other matters. But agriculture in general
         20        fell under another department which was
         21        called the Directorate General of
         22        Agronomy.
         23   Q.   Doing this work did you receive
         24        promotions within your department so that
         25        you gradually move up the scale in terms
                        HARUNA FARAGE, OFFICIAL REPORTER
                                ICTR, CHAMBER I
                                      37
MUSEMA                                     10 MAY 99



          1        of responsibility?
          2   A.   No.   From 1975, when I was employed as an
          3        agricultural engineer and during my stay
          4        in the directorate general, there was a
          5        kind of what was called conditioning and
          6        apart from that conditioning, I stayed
          7        within my normal scale there was no
          8        promotion.
          9   Q.   Let's move then to OCIR-THE.     In what
         10        year did you start working for OCIR-THE?
         11   A.   1984.
         12   Q.   And what age were you?
         13   A.   That would be 35 years.
         14   Q.   I am leaving you to do the mathematics.
         15        How was it that you moved from the
         16        department where you previously been for
         17        nearly ten years to OCIR-THE? How did you
         18        get this transfer?
         19   A.   In short in 1984, in 1984 with two other
         20        Directors Generals from the ministry of
         21        agriculture and livestock, we were
         22        suspended in the month of May, 1984.       We
         23        were not told why we were suspended, we
         24        were not officially notified of the
         25        reasons of our suspension.     In the month
                           HARUNA FARAGE, OFFICIAL REPORTER
                                   ICTR, CHAMBER I
                                         38
MUSEMA                                 10 MAY 99



          1   of October 1984, I officially heard the
          2   presidential order appointing me in
          3   OCIR-THE, I did not ask for the position,
          4   I was simply appointed, I never knew why
          5   I was suspended and I was appointed
          6   without having asked for the appointment.
          7   In the mean time I was doing something
          8   else.
          9
         10   (PAGES 1 TO 39 REPORTED BY H. FARAGE)
         11
         12
         13
         14
         15
         16
         17
         18
         19
         20
         21
         22
         23
         24
         25
                      HARUNA FARAGE, OFFICIAL REPORTER
                              ICTR, CHAMBER I
                                    39
     Musema                                     10 May 99




 1            (12/5/99   Time: 10:35).
 2   Q.       What were you doing in the interim until
 3            you got the appointment at L'OCIR-THE?
 4   A.       I was a consultant with the World Bank
 5            for the establishment of an integrated
 6            project in the Prefecture of Gitarama.     I
 7            was also in the process of setting up a
 8            project, a private enterprise or project
 9            in the area of hydraulics.
10   Q.       What position were you appointed when you
11            commenced working for L'OCIR-THE?
12   A.       I started with the position of a Director
13            of tea factory in Gisovu.
14   Q.       At that time in 1984, how well qualified
15            were you to become the director of the
16            tea factory at Gisovu?
17   A.       I thought I was capable of directing that
18            enterprise.    I had all the scientific and
19            technological skills necessary.    There
20            was no problem.   In fact, I had done
21            studies in Engineering, Agricultural
22            Engineering.    To run a factory, you
23            should be capable of solving technical
24            mechanic problems, electrical problems
25            and so on.    I think I had the scientific
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                   40
     Musema                                               10 May 99




 1                    knowledge necessary.      I had also trained
 2                    as an economist so I had economic
 3                    skills.    I also had skills for the
 4                    processing or treatment of plants.       I
 5                    also had skills in the industrial field
 6                    because I had done studies in
 7                    agricultural industry.     So this was my
 8                    scientific background.      That is my
 9                    opinion.
10
11                    Now, to be appointed, I did not ask to be
12                    appointed there.    If I had been asked,
13                    moreover, I don't think I would have
14                    accepted to go there.
15   MR. PRESIDENT:
16                    Judge Pillay, you have the floor.
17   JUDGE PILLAY:
18                    Mr. President, I was just inquiring about
19                    the English translation which said that
20                    Mr. Musema had studied economy, and I
21                    thought he said in French "agronomy".
22                    That can just be cleared up.
23   MR. KAY:
24                    Yes.   I am grateful to Your Honour.
25
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                           41
     Musema                                              10 May 99




 1   Q.               Have you studied economics as part of
 2                    your studies that you have told us you
 3                    have undertaken?
 4   A.               Yes.   When I graduated from the
 5                    university, my studies also included
 6                    studies in the technical field, studies
 7                    in plant treatment and studies economics.
 8   MR. KAY:
 9                    Is -- right.   I was going to add a
10                    supplementary which might help Your
11                    Honours.
12
13   Q.               Is this part of the education that
14                    someone undertaking agricultural
15                    development would have to experience,
16                    technical, economics, social impact of
17                    their work?
18   A.               That is the training in that branch.     As
19                    I said, there are several programmes in
20                    that university and the programme that I
21                    was pursuing required these number of
22                    courses.
23   MR. PRESIDENT:
24                    President Kama, you have the floor.
25   JUDGE KAMA:
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                          42
     Musema                                          10 May 99




 1                 Thank you, Your Honour.   I would like to
 2                 ask the witness.   Well, the witness said
 3                 that when he was transferred to
 4                 L'OCIR-THE, that is as a Director of the
 5                 Gisovu Tea Factory, he did not ask to be
 6                 appointed there.
 7   A.            That's right, Your Honour.
 8   JUDGE KAMA:
 9                 Should I believe that this was a kind of
10                 penalty, because a witness came here and
11                 said that considering that, that area is
12                 landlocked, if someone was sent to that
13                 region, it was a kind of penalty?     Now,
14                 you were suspended and suddenly you were
15                 transferred there without you having
16                 asked for it.   Is it not a kind of
17                 penalty, following the testimony that we
18                 have heard here?
19   A.            Thank you, Your Honour.   There are
20                 circumstances that preceded that
21                 appointment.    Without going back, and to
22                 answer your question, I understood this
23                 to be a sanction, a penalty because I was
24                 in Kigali.   I do not know why I had been
25                 suspended.   I was sent to the west of the
                   JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                ICTR - CHAMBER I
                                        43
     Musema                                           10 May 99




 1                    country, at about 250 kilometres.     I had
 2                    never visited that area.   So I was losing
 3                    all benefits related to my position as an
 4                    Agriculturist but I was also losing in
 5                    terms of relations with my family because
 6                    my family is in Byumba, at more or less
 7                    50/60 kilometres from Kigali.   And you
 8                    know very well the importance of -- the
 9                    importance of the obligations that we
10                    have towards the family in the rural
11                    areas, the education of the younger
12                    brothers health and so on.   We had
13                    other -- I had other relations that I
14                    could have maintained if I had been in
15                    Kigali but I could not maintain such
16                    relations being at 250 kilometres away.
17   MR. PRESIDENT:
18                    Thank you.
19   MR. KAY:
20
21   Q.               So in the early 1980s, we are talking
22                    about in Rwandan society, was it more
23                    important for a person to have their
24                    career within Kigali than to be sent to
25                    the furthest most prefecture of Kibuye?
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                         44
     Musema                                    10 May 99




 1   A.       That is right because, on the one hand,
 2            if we look at it, even look at it
 3            strictly from the scientific point of
 4            view, it was much more easier to have
 5            relations, to have links in Kigali
 6            regarding one's intellectual background.
 7            On the other hand, government salaries
 8            were inadequate.   Being in Kigali, it
 9            would have been possible to obtain loans
10            from the bank, carry out other activities
11            in order to be able to survive, in order
12            to be able to provide for one's future.
13            Even if by definition the work of an
14            agriculture -- an agriculturalist
15            required that we work on the field, it is
16            certain that being in Kigali, one would
17            have more advantages, more benefits, than
18            outside Kigali.
19   Q.       Thank you.   This is a useful opportunity
20            then in 1984 to look at any political
21            activities that you had been involved
22            in.   As a young man in Rwanda, were you a
23            member of any political party?
24   A.       With your permission, I would like to say
25            that I have never been involved in
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                  45
     Musema                                    10 May 99




 1            political activities, either when I was
 2            in the secondary school or the
 3            university.   When I returned to Rwanda,
 4            like every Rwandan citizen - that was the
 5            constitution, it was not of my making -
 6            when I returned to Rwanda, as required by
 7            the constitution, all Rwandans were
 8            members of the MRND, the Mouvement
 9            revolutionnaire national pour le
10            developpement.   I didn't have to make a
11            choice.   It was an obligation, a
12            constitutional obligation.
13   Q.       Had any members of your family been
14            actively involved in politics?
15   A.       No, no.   In my family, we did not have
16            any member -- any person involved in
17            political activities.    My father-in-law
18            was a member of parliament, had been a
19            member of parliament, but on my side of
20            the family I did not have anyone
21            involved -- who had been involved in
22            political activities.
23   Q.       I want now to turn to Madame Clare's
24            family.   You've mentioned her father had
25            been a member of parliament.   At this
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                  46
     Musema                                     10 May 99




 1            time in the 1980s, was that a family that
 2            was involved actively in Rwandan
 3            politics?
 4   A.       Clare's family in 1980 was not at all
 5            involved in politics, was not at all
 6            involved in politics but nevertheless, in
 7            1980 in Rwanda, there was a kind of
 8            movement, a dramatic change, which led to
 9            many people being imprisoned.   This --
10            there was an alleged coup d'etat against
11            President Habyarimana.   Unfortunately --
12            unfortunately, and without any reason,
13            many members of the family, I will give
14            some examples:   my mother in-law was
15            imprisoned; her daughter, the elder
16            sister to Clare, was imprisoned; another
17            brother-in-law, Alphonso Debut,     was also
18            imprisoned.   I, myself, was taken to the
19            State security to be questioned.    I was
20            at the door of the prison.   In any case,
21            that period was indeed crucial, was
22            critical for the family.
23   Q.       Let us now deal with the Tea Factory at
24            Gisovu.   Was that a newly constructed tea
25            factory and, if so, in what year?
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                  47
     Musema                                             10 May 99




 1   A.               The Gisovu Tea Factory was the youngest
 2                    of the tea factories in Rwanda.    It was
 3                    built from 1977 to 1983.   That is when I
 4                    arrived.   The construction work had been
 5                    going on for barely one year.
 6   Q.               At that stage in 1984, what had the
 7                    production been like from the factory?
 8   A.               The production of that or the output of
 9                    that factory was very low, of about 200
10                    tonnes for an enterprise which normally
11                    should have been producing 1,200 tonnes.
12   MR. PRESIDENT:
13                    Per annum?
14   A.               Yes, per annum, Your Honour.
15   MR. KAY:
16   Q.               And Gisovu, as a region which produced
17                    tea, had that been a long established
18                    agricultural business in that area?
19   THE INTERPRETER:
20                    Could the counsel repeat his question,
21                    please?
22   MR. KAY:
23   Q.
24                    And the tea plantations in Gisovu, was
25                    that a long- standing agricultural
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                          48
     Musema                                       10 May 99




 1            business in that region?    For how long
 2            had they grown tea in Gisovu?
 3   A.       The plantations were relatively young
 4            because they were also started in 1977,
 5            even if they had been previous research
 6            work, but the plantations per se were
 7            young.
 8   Q.       In taking over this business in 1984, did
 9            you find that you had support of your
10            department of L'OCIR-THE?
11   A.       Of course, I had the support of
12            L'OCIR-THE but not in the most efficient
13            manner.   I would say that it was
14            necessary to confront several
15            difficulties:   first of all, personal
16            difficulties.   I had a family and
17            obligations, and there L'OCIR-THE did not
18            help at all with regard to my family.      So
19            much so that after one year, one
20            and-a-half years, we had to separate from
21            our children.   The children returned to
22            Kigali.   We had to separate from our
23            children.   Earlier on, I talked about
24            relations with my family in Byumba.
25            L'OCIR-THE did not help me to maintain my
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                  49
     Musema                                    10 May 99




 1            relations with the family.
 2            From a technical standpoint, the factory
 3            was established as a building.    The
 4            machines were there but there were
 5            technical errors regarding the setting up
 6            of the factory.    It was necessary to
 7            develop the manufacturing formulas.      I
 8            did not receive a lot of support in this
 9            regard from L'OCIR-THE.    Therefore, it
10            was -- it was therefore necessary to
11            struggle, and it was thanks to experts,
12            English experts from London, that we had
13            to develop the production formula.       Of
14            course, L'OCIR-THE gave financing, made
15            some visit, but a lot of personal effort
16            was necessary.    A lot of energy on the
17            part of the technicians who were with me
18            had to be deployed in order to get the
19            machines working.    I do not overlook the
20            fact that L'OCIR-THE gave some support
21            but nevertheless I should not minimise --
22            I should not minimise the contribution
23            and the commitment of the staff who were
24            with me, and also external technical
25            support.
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                   50
     Musema                                    10 May 99




 1   Q.       From what you say, this took a great deal
 2            of effort for you to start working at the
 3            Gisovu Tea Factory.    Were you gradually
 4            able to increase production at the
 5            factory?
 6   A.       That is right.    Gradually, we were able
 7            to obtain reasonable production.    We
 8            developed programmes for plantation
 9            extension and also for the development of
10            the plantations.    We also emphasised
11            quality.    The quality of the produce
12            improved.    It improved to an extent that,
13            in a short while, we were able to reach
14            the same level of quality as other
15            factories that had been existing for 15
16            years.
17   Q.       Moving on, and to put this into context,
18            by 1993, what was the quality of the tea
19            produced by your factory in Gisovu
20            compared with those of the other
21            factories we have heard about in Rwanda?
22   A.       The quality of the tea is generally
23            determined by the brokers in London.     On
24            the tea market, every week, every month
25            and every year, quotations are given and
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                    51
     Musema                                                10 May 99




 1                    it is on the basis of those quotations
 2                    that sales are made.       And, of course, it
 3                    is on that basis that the revenue of the
 4                    enterprise is assessed.       In 1993, I must
 5                    say that the Gisovu Tea Factory was
 6                    amongst the first factories in Rwanda.
 7                    It was also among the first group of tea
 8                    factories at world level with regard to
 9                    the quality of tea.
10   MR. PRESIDENT:
11                    Could you repeat, witness, what you have
12                    just said?
13   A.               The Gisovu Tea Factory was among the
14                    first factories in Rwanda and in the
15                    group of the foremost tea factories at
16                    world level.
17   MR. KAY:
18   Q.               Last week, we produced an exhibit to the
19                    court, D.11, which was a table from
20                    Wilson Smith & Co. of London upon which
21                    various figures concerning the weight as
22                    well as the average price were detailed
23                    in 1992.   Do you remember that?     We have
24                    no need to look at the document now.
25   A.               Yes, I remember that.
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                            52
     Musema                                              10 May 99




 1   Q.               And did that reflect in terms of quality
 2                    that in 1992 the tea produced by the
 3                    Gisovu Tea Factory was of the highest
 4                    quality on the London market?
 5   A.               That is right.
 6   MR. PRESIDENT:
 7                    London tea factories, or do you mean
 8                    world-wide?
 9   MR. KAY:
10                    If Your Honour would like me to deal with
11                    that.
12   Q.               The figures in fact showed that it was
13                    top of the league of the Rwandan
14                    factories.    Is that right?
15   A.               When earlier I said that it should be
16                    considered in terms of Rwandan, the
17                    factories, and also with regard to the
18                    best factories in the world, the tea
19                    market in London -- the tea market in
20                    London, we were competing with Kenya,
21                    Tanzania, Colombia, India, Pakistan,
22                    Bangladesh, Cameroon, Burundi.     In fact,
23                    we were competing with several
24                    countries.    Therefore, we were not alone
25                    on the London tea market.      It is certain,
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                           53
     Musema                                       10 May 99




 1            I repeat, it is certain that the foremost
 2            factories included the Gisovu Tea
 3            Factory.     The foremost factories in the
 4            world in the area of tea production
 5            included the Gisovu Tea Factory.
 6   Q.       Thank you.    In terms of output,
 7            production, was yours as large a producer
 8            as other factories within Rwanda, or
 9            smaller or in the middle?
10   A.       The factory had been set up to, in
11            theory, produce 1,200 tonnes but the
12            plantations that had been created did not
13            make it possible to attain that level of
14            production.     In relation to other
15            national factories - and I will correct
16            what someone said here before this court
17            - in 1993, we did not have nine
18            factories.     We had eight factories.
19            Because the Murundi factory was occupied
20            by the RPF.    It is the biggest factory in
21            the country.    That factory produced up to
22            2,500 tonnes and more.     Therefore, the
23            Gisovu Tea Factory with its 1,200 tonnes,
24            was much lower in terms of production and
25            therefore was not competitive in terms of
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                    54
     Musema                                        10 May 99




 1            quantity of tea produced.    In fact, the
 2            competition was rather at the level of
 3            quality, not quantity.
 4   Q.       Thank you.    And in terms of your
 5            plantations at Gisovu, were those
 6            gradually expanded from 1984 onwards to
 7            try and increase production beyond the
 8            original size of the plantation that you
 9            had found there?
10   A.       Up to 1994, there was a programme for
11            extension of plantations.    We had felt
12            that without the extensions, we would not
13            be able to make the enterprise
14            profitable.
15   Q.       Was it in this way that the factory
16            itself owned an area that was the factory
17            plantation, but you also had village
18            producers outside the factory plantation
19            who were also producing their tea
20            locally?
21   A.       Plantations were divided into two
22            groups.    There were plantations around
23            the factory which were called the
24            industrial bloc plantations and there
25            were also private holdings or plantations
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                   55
     Musema                                             10 May 99




 1                    which were called village tea
 2                    plantations.
 3   Q.               And was the village tea that was produced
 4                    from plots of land that were given to
 5                    local people of a certain size?
 6   A.               When the project was established, it
 7                    overlapped with another project in the
 8                    area of food crop production.   Thus
 9                    peasants received individual plots of 1.5
10                    hectares, with a basic contract asking
11                    them to cultivate 30 -- or .3 of
12                    hectare.   The rest had to be used for
13                    food crops.    So when I say this programme
14                    overlapped with another programme, the
15                    programme of food crop production, this
16                    means that .3 of a hectare was used for
17                    the growing of tea, tea to be given to
18                    the factory, and 1.20 hectares for
19                    forestry which was for reforestation
20                    which was related to a project of the
21                    European Economic Community.    When I talk
22                    of .3 of a hectare, this is an estimate
23                    because many of the villagers did not
24                    reach that level.
25   MR. PRESIDENT:
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                           56
     Musema                                        10 May 99




 1              Could you make it clear for us from whom
 2              they received this land?
 3   MR. KAY:
 4              Yes.
 5   Q.
 6              When we talk about the parcels of land
 7              that the peasants were able to cultivate,
 8              a percentage for subsistence farming and
 9              another percentage for the factory, for
10              the plantation, who gave this land?    How
11              was this established and organised,
12              through what organisation?
13   A.         Yes, I understand, even though it is not
14              that easy to understand.   The area of the
15              la crete Zaire-Nil area was an area which
16              at the time was not densely inhabited and
17              the Ministry of Agriculture estimated or
18              thought that to develop that region,
19              there were possibilities of a system that
20              technically was referred to as
21              "paysannats", which meant that the
22              ministry had mapped out plots and these
23              plots were given out to the farmers, and
24              it was therefore the Ministry of
25              Agriculture who undertook this land
                JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                             ICTR - CHAMBER I
                                   57
     Musema                                             10 May 99




 1                    distribution.
 2   Q.               And did your previous experience in
 3                    development projects suit the kind of
 4                    work that you were doing at the Gisovu
 5                    Tea factory to establish it?
 6   A.               Absolutely.
 7   MR. KAY:
 8                    Your Honour traditionally takes a break
 9                    and I found a cut off point there that is
10                    suitable.
11   MR. PRESIDENT:
12                    Thank very much for that observation.    We
13                    will take our usual break now and we will
14                    be back within short.
15                    Recess: 1105
16                    Resumed: At 1125.
17   MR. PRESIDENT:
18                    Security again accompany Mr. Musema to
19                    the witness stand.   And we can take off
20                    the curtains, please.     We don't need any
21                    curtains or we shall not have any
22                    curtains, to be more clear.    The session
23                    is public.
24
25                    Please take your seat, Mr. Musema.    All
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                           58
     Musema                                            10 May 99




 1                    right.   Very well, the session is
 2                    re-opened and, Counsel, you still have
 3                    the floor.
 4   MR. KAY:
 5                    Thank you, Your Honour.
 6   Q.               I now want to move on to another matter
 7                    concerning the position and standing of
 8                    the Director of the Gisovu Tea Factory in
 9                    Kibuye Prefecture.   First of all, what
10                    was your position, standing, locally
11                    amongst the people who worked for you?
12   A.               First of all, let me say that our area of
13                    operation extended into -- took over two
14                    prefectures and not one.   We had
15                    operations or transactions.   I am sorry,
16                    I can hear noises in my head set.
17   MR. PRESIDENT:
18                    Please help Mr. Musema.
19   THE ACCUSED:
20                    I am sorry, Mr. President.
21   MR. PRESIDENT:
22                    The usher is there to assist you.    Is
23                    that okay now?
24   THE ACCUSED:
25                    It's all right, Mr. President.
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                           59
     Musema                                            10 May 99




 1   MR. PRESIDENT:
 2                    You can continue.
 3   THE ACCUSED:
 4                    I was saying that our area of operation
 5                    was astride two prefectures, the Kibuye
 6                    Prefecture and Gikongoro Prefecture.    The
 7                    headquarters of the project or the
 8                    factory was within the Kibuye
 9                    Prefecture.    There were several projects
10                    in the area.   There was Crete Zaire-Nil,
11                    CZN, Crete Zaire-Nil, which was financed
12                    by the European Economic Community.
13                    There was reforestation project, UJZ1
14                    Unite de gestion 1.
15   MR. KAY:
16                    This will assist Your Honours if you turn
17                    to the blue file now and to the section
18                    (b) and look at the plan (b) two of
19                    projects in the area of la crete
20                    Zaire-Nil after the map of Rwanda, the
21                    first plan that you get, (b) two.
22   A.               Yes.
23   MR. KAY:
24                    Can an edition be put in front of the
25                    witness, please?
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                            60
     Musema                                              10 May 99




 1   MR. PRESIDENT:
 2                    I have something called plan schema de
 3                    localisation de l'usine.
 4   MR. KAY:
 5   Q.               Yes.   If you turn to section (b), Mr.
 6                    Musema, and turn to    (b) two where there
 7                    is a hand-drawn plan on project le crete
 8                    Zaire-Nil.     Do you have that?
 9   A.               Yes, Counsel, I have it.
10   Q.               You were explaining to us the various
11                    projects that were in the area of tea the
12                    factory.     First of all, can you confirm
13                    that you draw this plan yourself in 1995
14                    when you were in prison in Neuchatel in
15                    Switzerland?
16   A.               I confirm that.
17   Q.               If we look then at the plan itself, we
18                    see "USINE".    It is slightly smashed on
19                    my copy but "USINE THE" and I have used a
20                    highlighter to pick it out in the more
21                    dense area of text between the river and
22                    the road.    You were referring to CZN.   We
23                    see that on the left-hand side in the
24                    middle of the plan on the road going to
25                    Gikongoro.    Is that right?
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                            61
     Musema                                           10 May 99




 1   A.               That is correct.
 2   Q.               And just looking at this plan beneath
 3                    "USINE THE" --
 4   MR. PRESIDENT:
 5                    Sorry, I didn't follow you there.   Where
 6                    is Gikongoro?
 7   MR. KAY:
 8                    Can you see on the left side?
 9   MR. PRESIDENT:
10                    Okay, I found it.
11
12   MR. KAY:
13                    That's the road to Gikongoro.   In the
14                    middle of the page, we have CZN.    We have
15                    "USINE A THE" in the dense part of the
16                    map.
17   MR. PRESIDENT:
18                    That one I found IT.
19
20   MR. KAY:
21                    In the middle.
22   Q.               And we see there Central Gisovu, is that
23                    right?   And we see IZA?
24   A.               That is correct.
25   Q.               For the record, if you could give us what
                      JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                          62
     Musema                                  10 May 99




 1            IZA stands for?
 2   A.       ( Time: 1135. Pages 40 to 62 reported by
 3            Judith Kapatamoyo).
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
              JUDITH KAPATAMOYO - OFFICIAL COURT REPORTER
                           ICTR - CHAMBER I
                                    63
     MUSEMA                                     10 MAY 99

 1   A.               ISA is Institute of Agricultural Science
 2                    of Rwanda.
 3   Q.               Thank you.    And we see, beneath ISA
 4                    Gisovu, commune of Gisovu.    Is that
 5                    right?    Centre Gakuta and Eglise and we
 6                    see on the right hand side of the map
 7                    Electrogaz, Karongi.    Is that the
 8                    electric station for the area at Karongi?
 9   A.               That is the Roul    and Electric station,
10                    electric station for the factory and
11                    Electrogaz.
12   Q.               And above Electrogaz Karongi, we see
13                    REDEMY.    Can you tell us what REDEMY
14                    stands for?
15   A.               REDEMY, means the Mines Board.
16   MR. PRESIDENT:
17                    We have a question from Judge Pillay.
18                    You have the floor.
19   JUDGE PILLAY:
20                    Mr. Kay, the Electrogaz, Karongi, that's
21                    was an error, the intention was to show
22                    the direction of Karongi?
23   MR. KAY:
24                    Yes.
25   JUDGE PILLAY:


                             GIFTY HARDING, OFFICIAL REPORTER
                                     ICTR - CHAMBER I
                                            64
     MUSEMA                                 10 MAY 99

 1                    Not that that's the spot where it is?
 2   MR. KAY:
 3                    No, in some distance of the plan but if
 4                    you took that route, you will pass it and
 5                    Your Honour, will see above REDEMY you
 6                    have the road to Bisesero.   Is that
 7                    right?
 8   A.               That's correct.
 9   MR. KAY:
10                    That's all we need to highlight at this
11                    particular stage and you were telling
12                    us --
13   MR. PRESIDENT:
14                    Is it your intention Mr. Kay, to
15                    introduce this map as an Exhibit?
16   MR. KAY:
17                    Yes it is, Your Honour.   Would you allow
18                    me to do it now, I was going to try and
19                    just back on to the evidence of the
20                    witness and then produce it.
21   MR. PRESIDENT:
22                    As you like it but since we are
23                    discussing, it might be practical to have
24                    it -- to give it a number.
25   MR. KAY:


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         65
     MUSEMA                                     10 MAY 99

 1                    Let's produce it now then, B2, which will
 2                    be -- can I attend to that later?     I'm
 3                    sorry.
 4   MR. PRESIDENT:
 5                    As you like it.    Yes.
 6   MR. KAY:
 7                    You were telling us Mr. Musema, about the
 8                    fact that the plantation spans two
 9                    prefectures Gikongoro as well as Kibuye
10                    and I had asked you the question about
11                    the standing the director of the tea
12                    factory had amongst the local people who
13                    worked for the tea factory or in that
14                    area.    Could you describe to us how you
15                    would describe the standing that you had?
16   A.               As I was saying, there were several
17                    projects within the Crete, so the
18                    position of factory director was quite
19                    similar to the position of a director of
20                    a Crete mill and which is also similar to
21                    the director of ISA, or director of the
22                    electrical station of Karongi.    But I
23                    might add that in some of these projects,
24                    there were some in which the local
25                    administrative authorities were involved


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         66
     MUSEMA                                  10 MAY 99

 1                    in one way or the other such as the
 2                    projects in which the prefets were
 3                    members of the board of directors and in
 4                    that respect, they had more -- they had
 5                    closer relationship with the local
 6                    administration.   Whereas the tea
 7                    factory -- in a tea factory, the tea
 8                    factory was a technical project.    We had
 9                    no relationship with the local
10                    administration.   The prefet or burgmastre
11                    or all other authorities were not
12                    involved in our organisation and we were
13                    not involved in the organisation of the
14                    local administration and in our respect
15                    and in relation to the people, we had
16                    only a technical relationship,
17                    exclusively technical relationship.
18   MR. PRESIDENT:
19                    When you say we, you mean the Gisovu Tea
20                    Factory?
21   MR. MUSEMA:
22                    Yes, Gisovu Tea Factory and its -- all
23                    its technician.
24   MR. KAY:
25                    It was said by one witness that you had


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         67
     MUSEMA                          10 MAY 99

 1            great influence in the area because a tea
 2            factory was a provider of work and
 3            therefore important for the local economy
 4            and thereby, you had a dominant
 5            relationship over the people in the area.
 6            What would you say about that?
 7   A.       The person who said this did not give an
 8            overview of the structure as it existed
 9            in the area and if I may specify that on
10            that Crete the largest employer was the
11            Crete Zaire Mill which had employees in
12            road construction, in forestry and other
13            development structures.   Well obviously,
14            we could recruit but our recruitment is
15            limited by the financial structure of the
16            company and we were not by any means the
17            largest employer in the area and I do
18            agree with what one witness said that the
19            bulk of the financing or the largest
20            investments were those carried out by the
21            Swiss within the -- as part of the
22            forestation project.   Our importance was
23            relative.   You will recall that when I
24            said that we do not even exploit a third
25            of the land area covered by the farmers


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 68
     MUSEMA                          10 MAY 99

 1            because the farmers had interest and
 2            relationship with the Crete Zaire Mill
 3            project.   So our importance I wouldl say,
 4            was relative.
 5   Q.       And when you referred to the Swiss
 6            projects in the area, which projects were
 7            they concerned with?
 8   A.       In this area under consideration and
 9            which is on the map, you can see UGZ 1,
10            but in the entire Kibuye prefecture, the
11            project financed by the Swiss in the
12            other communes, in Gisovu and elsewhere
13            was -- the projects financed by the Swiss
14            were very extensive.
15   Q.       We see at the top of our plan at B2, UGZ
16            1, at Lisumu.   Is that right?
17   A.       That's correct, that was the headquarters
18            of the project.   The management unit
19            area, one.
20   Q.       And UGZ, was that a project concerned
21            with the natural forest of Nyungwe?
22   A.       It was a project with the objective of
23            protecting the natural forest of Nyungwe,
24            to plant a protective forest around
25            Nyungwe and to rationalise the


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 69
     MUSEMA                           10 MAY 99

 1            exploitation in the area.   So you can see
 2            below the list of projects another
 3            project named CEFO, Centre Forestier --
 4            Forestry Centre which had a saw mill but
 5            it was part and parcel of the UGZ 1
 6            project.
 7   Q.       And were the other Swiss projects in the
 8            area of Kibuye prefecture, concerned with
 9            road building and engineering projects?
10   A.       The other Swiss projects had some road
11            construction aspects, exclusively road
12            construction aspects, when you talk about
13            the forestry, but it was as public works
14            -- it was not part of public works but it
15            was part of the forestry I mean,
16            construction of high ways was not part of
17            the Swiss financing.
18   Q.       Still on this subject, the influence of
19            the local prefet or burgomaster upon the
20            tea factory could be described as what,
21            how would you put it?
22   A.       The prefet or burgomaster's influence on
23            tea factory director was to seek to
24            influence management or to have
25            relationship to ensure some -- certain


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 70
     MUSEMA                          10 MAY 99

 1            facility or an influence that will enable
 2            him to place a brother, a sister in the
 3            factory as an employee.   But in the
 4            specific case of Gisovu, we did not have
 5            any influence from the prefet, we had no
 6            influence from the burgomaster in the
 7            management of the factory by the prefet
 8            and burgmastre were the representatives
 9            of the central government in the prefet
10            was the -- representative of the central
11            in a prefecture and the burgomaster was
12            the local representative and they had
13            full influence over the people in the
14            area.   So if even he does not -- he is
15            not part of the management of the
16            factory, it does not mean that he had no
17            influence over the people and this would
18            depend on the period in which we -- the
19            period we are talking about.
20   Q.       I'm going to talk now about pre the
21            president's death in 1994.   At that time
22            -- before that time, did you have any
23            additional facilities or institutions
24            with the factory such as a hospital, or a
25            school or anything that brought the hand


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 71
     MUSEMA                          10 MAY 99

 1            of the factory into the local community
 2            where they lived?
 3   A.       These kind of structures are old
 4            structures and for a new structure like
 5            Gisovu, we abandoned that kind of
 6            activity.   I know that in factories such
 7            as Gisakura there was a big health
 8            center, there were schools, there was a
 9            housing estate for tea harvesters, but we
10            know that as far as we were concerned if
11            we were to make the factory profitable
12            then we needed to focus on our productive
13            -- tea production objective and not
14            speard ourselves by investing into social
15            activities for which we had no mandate.
16            As a result, we had no hospital, we had
17            no school or other social infrastructure.
18            We had a small dispensary for our workers
19            like injury on the job, there we could
20            treat the employees.   But this
21            dispensary, clinic had no relationship --
22            was not open to the public.   There was a
23            small building at the entrance of the
24            factory which had two classes, but that
25            was lent to the school inspectorate which


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 72
     MUSEMA                           10 MAY 99

 1            had no building.   So it was not a school
 2            but a building put at the disposal of the
 3            school or educational inspectorate
 4            because they had no building.
 5   Q.       So sum up this approach then, had you
 6            moved away from an Eastern European
 7            Communist type industrial set up that the
 8            older factories had, to something
 9            different within Rwanda being a newer
10            factory with a newer economic approach.
11            Would that be right?
12   A.       That is correct.   We sought to set up a
13            new system of administration which will
14            focus on profitability.
15   Q.       Again still dealing with before April
16            1994, I'd like you to describe what the
17            relationship was between you and the
18            director of OCRT in Kigali, the
19            headquarters of OCRT?
20   A.       The relationship between myself and the
21            director of OCRT in Kigali, was never
22            clearly -- was never clear.     I told you a
23            while ago that when I went to Gisovu, I
24            went in an involuntary manner, in fact,
25            it was involuntary because -- and the


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 73
     MUSEMA                            10 MAY 99

 1            problems that we had in reorganising the
 2            industrial machine during that process we
 3            sought the assistance of OCRT and this
 4            assistance never came and when I heard in
 5            this Court somebody say that in 1986,
 6            1986 Musema was virtually at the point of
 7            being dismissed from his position because
 8            he was absent from the factory, is
 9            absolutely untrue, absolutely untrue
10            because at the time we were fighting to
11            get the means we needed to restructure
12            the set up and the authorities were not
13            giving us those means.    Let me give you
14            an example.    The tea expert that I
15            mentioned a while ago from London,
16            advised us to move the wood stock to a
17            place outside the factory and for that we
18            need funding.    OCRT, did not gives us the
19            funding for two years and that affected
20            the quality.    A report -- I wrote a
21            report on this subject to the board of
22            directors of OCRT that is the higher
23            administrative man -- administrative
24            authority of OCRT and they said no.     So
25            with the director of OCRT, we had regular


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 74
     MUSEMA                          10 MAY 99

 1            meetings with the other directors.   He
 2            did not visit Gisovu often, probably
 3            because the road was bad or maybe --
 4            probably because he was occupied
 5            elsewhere but in any case, we did not
 6            have a lot of visits from the director of
 7            OCRT.   Where these relations tense with
 8            friction?   Well, we needed to fight, we
 9            needed to fight.   I would not say that
10            there were relationships of favouritism,
11            that he was -- that he should favour me
12            more than others because it's the oldest
13            -- because they were the oldest factory,
14            but I just needed to fight and there was
15            no favouritism towards me and in any
16            case, I was not expecting that.
17   Q.       In relation to your position in Kibuye as
18            director of the tea factory there, would
19            there be people back in Kigali who would
20            be jealous of your position, seek to
21            undermine you, cause difficulties for
22            you, criticise you unfairly?
23   A.       Obviously, obviously, because there were
24            people who would have wished that it was
25            somebody who originated from that commune


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 75
     MUSEMA                           10 MAY 99

 1            who is put at the head of the factory.
 2            There was a time I was even being
 3            pressurized and threatened with
 4            defamation and so on.   These kind of
 5            things happen.
 6   Q.       Was that a common feature of Rwandan
 7            society, such jealousies, rivalries for
 8            position, or was that just unique to you?
 9            Was that something that one could expect
10            to find across their society as a whole?
11   A.       I must say that my case was not peculiar,
12            I'm not the only one in Rwanda
13            administrative set up who had been -- who
14            had suffered defamation, jealousy, but
15            the issue was to do your work properly
16            and not be, and not be affected by this
17            kind of defamation, otherwise you will be
18            failing in your mission.
19   Q.       I'd like to now turn to relations between
20            you as director of OCR -- director of the
21            Gisovu Tea Factory, and relations with
22            your ministry of government.   Which
23            ministry would that have been in 1994?
24   A.       The sector ministry of the entire OCRT
25            was the ministry of industry, commerce


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 76
     MUSEMA                                   10 MAY 99

 1                    and handicraft.    I had no relationship
 2                    with the minister, none, except through
 3                    the organogram that is, the director of
 4                    OCRT, the board of directors and then the
 5                    minister.    I never participated in
 6                    ministers (sic) with the minister, I
 7                    never had any appointments with the
 8                    minister, I had no instructions from the
 9                    minister except later on when we come to
10                    talk about this subject subsequently.
11   MR. PRESIDENT:
12                    Are we now in '94 or before '94 or both?
13   MR. KAY:
14                    We are up to '94 and dealing with it as a
15                    broad subject rather than any specific --
16   MR. PRESIDENT:
17                    Up to and including '94?
18   MR. KAY:
19                    Yes.
20   MR. PRESIDENT:
21                    All right.
22   MR. KAY:
23                    In terms of politics, again up to the
24                    date of the president's death in April
25                    1994, was your position as director of


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         77
     MUSEMA                         10 MAY 99

 1            the tea factory in Gisovu a political
 2            appointment first of all, yes or no?
 3   A.       No, it was not a political appointment.
 4   Q.       From that position, were you expected to
 5            be involved in the same political aims of
 6            any of our superiors within OCRT or the
 7            ministry?
 8   A.       No, absolutely not.
 9   Q.       Did you have to follow any political line
10            during that ten years that you were
11            manager of the tea factory to satisfy
12            superiors?
13   A.       During the single party system up to
14            1991, everybody in Rwanda, individuals,
15            organisations, associations, were under
16            the umbrella of the single party, the --
17            and I could not have been -- I could not
18            have taken myself out of that system.
19   Q.       After 1991, until again the date of the
20            president's death in 1994 when
21            multipartism entered Rwandan politics,
22            were you caused or ordered to follow a
23            particular line or policy from any one
24            superior to you?
25   A.       No, no one asked me to follow any


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 78
     MUSEMA                          10 MAY 99

 1            particular political trend because from
 2            1991, those individuals who wanted to
 3            join other parties were allowed to do so.
 4            The factory was not under any political
 5            party.   Well obviously, to be correct,
 6            there were lobbyists, there were lobbyist
 7            and members of this or other parties
 8            would wish this or that person in their
 9            party and -- but that was not a
10            prescribed line to follow or an
11            imposition and personally, I didn't -- I
12            was not subjected to such pressure.
13   Q.       Did you as the director of the Gisovu Tea
14            Factory, impose any political line on
15            your employees that they had to follow a
16            particular political persuasion?
17   A.       That was not necessary for me to fulfill
18            my mandate as a factory director, I don't
19            need my employees to belong to this or
20            the other party.   My objective was to
21            attain my mission and therefore, my
22            employees should be technically
23            competent.   So it was not in my interest
24            to impose or prescribe any political
25            line.


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 79
     MUSEMA                          10 MAY 99

 1   Q.       Looking at the ethnic composition of the
 2            employees at your factory, did you
 3            discriminate against any particular
 4            ethnic group preventing them from having
 5            jobs or promotion?
 6   A.       In relation to the standard practice, I
 7            think I deviated because there was
 8            something which was not written, it was
 9            not written in any law, but it was part
10            of the practice of -- to limit the number
11            of Tutsis to ten percent in schools,
12            factories and in the Gisovu Tea Factory,
13            this percentage was about twenty percent.
14            So there was no discrimination.
15   Q.       Did you employ people on the basis of
16            their ethnicity?
17   A.       I must say honestly that there were
18            people around me whose ethnic group I did
19            not know.   My concern was not ethnic
20            group, my concern was for the employee to
21            be competent to discharge the work for
22            which he's been employed.
23   Q.       Did other tea factories follow the same
24            approach that you did or did they impose
25            any percentage limitation on a particular


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 80
     MUSEMA                             10 MAY 99

 1            ethnic group?
 2   A.       I would not like to venture into that
 3            area because I didn't take the trend of
 4            ethnic groups in the various factories.
 5            I only -- I was only concerned with my
 6            own factory but let me add that this
 7            policy was practiced virtually in all
 8            aspects of the state and in various
 9            factories.   Well obviously, there must
10            have been other factories which did not
11            apply this policy, I wouldn't have been
12            the only one in Rwanda.
13   Q.       Was there a system whereby the directors
14            of the various tea factories used to
15            visit another factory and make a report
16            for OCRT, to advise on the quality and
17            performance of that factory as they saw
18            it?
19   A.       Yes, that's correct.
20   Q.       It was a system then of the directors of
21            tea factories reporting on each other.
22            Is that right?
23   A.       That's correct.
24   Q.       Were you involved in making these reports
25            yourself on other tea factories and if


                    GIFTY HARDING, OFFICIAL REPORTER
                            ICTR - CHAMBER I
                                   81
     MUSEMA                           10 MAY 99

 1            so, identify which of them?
 2   A.       I wrote a report, a very critical one on
 3            the Gisakura factory, I made a report on
 4            the Shagasha factory.   And why critical?
 5            Critical because that factory even though
 6            it is old -- the fact that it is old does
 7            not mean that it is not productive.    On
 8            the contrary, the management, the
 9            industrial management structure was
10            inadequate and I made proposals on the
11            technical re-organisation, organisation
12            of personnel to enhance the output of the
13            factory and in particular, the
14            implementation, the implementation of
15            these recommendations enhanced the output
16            of the factory probably not entirely to
17            the satisfaction of those who were in
18            charge of these factories and I think in
19            particular, the director of the Gisakura
20            Tea Factory which was the oldest of the
21            entire OCRT, was not happy that a young
22            professional should go and give him
23            lessons on how to organise his factory
24            but that was professionalism, that was
25            the case.   I made a critical report on


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 82
     MUSEMA                                 10 MAY 99

 1                    Gisakura factory and that did yield
 2                    fruits.
 3   Q.               You've told us that you were the director
 4                    of a new -- I'm sorry Judge Kama, has a
 5                    question.
 6   MR. PRESIDENT:
 7                    Mr. President?
 8   INTERPRETER:
 9                    I'm not sure if the President's
10                    microphone is on.
11   JUDGE KAMA:
12                    You do remember that the last time I was
13                    interested in the report and that we
14                    could have copies of this report and
15                    since you are so well organised I thought
16                    we could have copies of this report so we
17                    could see or appraise your critical
18                    report where it was critical.
19   MR. MUSEMA:
20                    Your Honour, my Counsels took the risk --
21                    they did a good job and took the risk to
22                    go to Rwanda to get the documents they
23                    could lay their hands on.   They came back
24                    with what they were able to get given the
25                    time constraints that they have.   Well,


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         83
     MUSEMA                                10 MAY 99

 1                 personally, I have been in prison since
 2                 1995 and I did not have this report when
 3                 I fled from Rwanda but if the Court would
 4                 like to have this, it is available at the
 5                 headquarters of OCRT in Kigali but
 6                 personally, I don't have a copy.    I don't
 7                 have a copy with me.
 8   JUDGE KAMA:
 9                 Well, I think when you are in a certain
10                 -- you work in a place, you make reports,
11                 you must have copies of the report but
12                 unfortunately, you don't have them.
13                 Thank you.
14   MR. KAY:
15                 First of all, what was the date of the
16                 report?
17   A.            This was in the course of 1992 and 1993.
18   Q.            Did you make the report with any other
19                 tea factory director?
20   A.            Yes, the mission was carried out with the
21                 Nyabihu tea factory director,
22                 N-Y-A-B-I-H-U.
23   Q.            Can you recollect in which month the
24                 report was written?
25   A.            We did this twice a year and this must


                       GIFTY HARDING, OFFICIAL REPORTER
                               ICTR - CHAMBER I
                                      84
     MUSEMA                           10 MAY 99

 1            have been towards March or June.
 2   Q.       And do you know if your legal advisers
 3            had previously visited Rwanda before the
 4            particular witness who referred to this
 5            had given evidence i.e that witness gave
 6            evidence after your legal team had
 7            visited Rwanda?
 8   A.       I know very well my Counsel's visit was a
 9            -- predated this testimony.    If they had
10            got the testimony earlier, I know my
11            Counsels would have done everything to
12            get a copy of this report because there
13            is a copy in the OCRT office in Kigali,
14            in the Gisovu factory, there are copies
15            in the two factories of Shagasha and
16            Gisakura and obviously, my colleague of
17            Nyabihu must have kept a copy.    So it's a
18            problem of time constraint.    It was a
19            problem of time constraint.
20   Q.       You've told us that you were the manager
21            of a new factory.   Were you younger than
22            the other factory directors?
23   A.       Youngest in terms of age?    No, there were
24            other younger directors, but younger in
25            terms of appointment, yes.    We were


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 85
     MUSEMA                                10 MAY 99

 1                  appointed in 1984.   There were two of us,
 2                  we were new in the structure -- in the
 3                  administration.
 4   Q.             So in 1994, were the tea factory
 5                  directors who were in place for all the
 6                  tea factories at that date, had they been
 7                  appointed to their positions for a longer
 8                  period of time than you?
 9   A.             If I may, there is one point that I would
10                  like to clarify.   Contrary to what was
11                  stated here, directors of the tea
12                  factories were not appointed by the
13                  president except for some.   Most tea
14                  factory directors were appointed by a
15                  decision of the board of directors.     The
16                  tea factory directors who were appointed
17                  -- there were only two directors
18                  appointed by the president; there was the
19                  director of the Rubaya Tea Factory --
20   INTERPRETER:
21                  That was a bit too fast but it's Rubaya.
22   A.             -- and myself.
23   Q.             Did you have any specific skills or
24                  expertise that any of the other directors
25                  did not have?


                        GIFTY HARDING, OFFICIAL REPORTER
                                ICTR - CHAMBER I
                                       86
     MUSEMA                                   10 MAY 99

 1   A.               I don't think so, that would be a bit
 2                    exaggerated.   I don't have specific
 3                    skills.    There were other directors who
 4                    were as competent and with whom I used to
 5                    collaborate and who probably even had a
 6                    better knowledge in some areas.     For
 7                    example, I dealt or I collaborated with
 8                    -- very efficiently with a director, the
 9                    director of the Matta Tea Factory.     If I
10                    can mentioned his name, I don't know if
11                    I'm allowed, I think it's better not to
12                    mention his name because he is currently
13                    in Rwanda.   In any case, I did
14                    collaborate with him.    He had better
15                    knowhow in quality improvement and I
16                    virtually copied a portion of his
17                    knowhow.
18   MR. PRESIDENT:
19                    Mr. Musema, I did not clearly understand
20                    the reason for which the president of the
21                    republic found it appropriate to appoint
22                    you director of the Gisovu Tea Factory,
23                    given the fact that normally, the
24                    director   is appointed by the board of
25                    directors and not by the president.       Why


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         87
     MUSEMA                                    10 MAY 99

 1                    then is it that you and another director
 2                    were appointed by the president?      Why was
 3                    this so according to you?
 4   MR. MUSEMA:
 5                    Mr. President, if I knew I would have
 6                    told you and honestly I just don't know
 7                    and it has its advantages and
 8                    disadvantages.    The advantages were that
 9                    I was not directly under the control of
10                    the director OCRT.    Wherever there was a
11                    problem I could resist because to change
12                    me you had to wait for another
13                    presidential order.    The disadvantage was
14                    that if I needed to leave, once again, I
15                    needed this presidential order.      So I was
16                    there appointed and as     -- it was as if I
17                    was fixed on my feet in the Gisovu Tea
18                    Factory and this happened soon after my
19                    suspension from the ministry of
20                    agriculture.     I imagined the consequences
21                    of this administrative action.
22   MR. PRESIDENT:
23                    But can't you assist us find an
24                    explanation for the reason as to why the
25                    president acted in that manner?      It's


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         88
     MUSEMA                                    10 MAY 99

 1                    surprising, it is surprising that when
 2                    you have an entire structure with its
 3                    directors who are appointed by the board
 4                    of directors, that the head of state
 5                    finds it necessary to appoint two
 6                    directors.
 7   MR. MUSEMA:
 8                    Mr. President, normally, if we should
 9                    look at the relevant laws -- well, there
10                    are other directors who were also
11                    appointed by presidential order.     Now,
12                    regarding the explanation, I must
13                    honestly say I don't know and if I knew I
14                    would have told you.
15   MR. PRESIDENT:
16                    Right.
17   MR. KAY:
18                    After you and the other director were
19                    appointed -- were you both appointed at
20                    the same time?
21   A.               Yes, at the same time.
22   Q.               Where there any other appointments after
23                    you of any knew directors of tea
24                    factories?
25   A.               No, there were changes, transfers but


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         89
     MUSEMA                           10 MAY 99

 1            there were no new appointments.
 2   Q.       So we don't know if this was a new
 3            procedure or if -- how it fitted in with
 4            the workings of the government?
 5   A.       That's right.
 6   Q.       And while we are dealing with your role
 7            here as the director of Gisovu Tea
 8            Factory, did you go on any official
 9            government missions abroad, outside
10            Rwanda?
11   A.       During the period going to -- from 1984
12            to 1994, I went on two missions outside
13            Rwanda, one to Kenya and one to Morocco.
14   Q.       And what was the purpose of the Kenya
15            mission first of all, and give us the
16            date?
17   A.       The mission to Kenya was a visit to the
18            KTDA, Kenya Tea Development Authority,
19            as part of a programme of improvement of
20            working methods in our factories.     So it
21            was an exchange programmes, technical
22            exchange programme.   We also invite --
23            visited the Mombasa market and the
24            company that warehouses tea in Mombasa
25            that is combining warehouse which -- from


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 90
     MUSEMA                           10 MAY 99

 1            where Rwandan tea transited to the
 2            outside.   This, this was -- this must
 3            have been around '86.
 4   Q.       Next Morocco.   What year was that and
 5            what was the mission?
 6   A.       The other mission to Morocco was in 1993,
 7            and this was to diversify production of
 8            tea and identify other markets because
 9            normally, the tea produced in Rwanda is
10            black tea and we were interested in
11            producing green tea and Morocco had
12            similar factories.   So the idea was to
13            identify possibilities of diversification
14            of tea production.
15   Q.       And who else were -- was on the mission
16            to Morocco?   Who were the other
17            personalties?
18   A.       The other persons on the team was the
19            minister of planning, there was an
20            economic adviser from the presidency --
21            the president's office, there was a
22            member of the ministry of planning but
23            they had a different brief.   I do recall
24            that the minister of planning explained
25            that his mission was to identify


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 91
     MUSEMA                                     10 MAY 99

 1                    possibilities of reorganising the economy
 2                    as part of the Arusha Accord.    So the two
 3                    missions were simply joint but were not
 4                    exactly the same.
 5   MR. PRESIDENT:
 6                    Judges are ready to proceed also without
 7                    power or light.
 8   MR. KAY:
 9                    Thank you, Your Honour.    In relation to
10                    the visit to Morocco, why were you chosen
11                    to go on that trade delegation?
12   A.               I'm sorry.   Before this mission to
13                    Morocco, there was a delegation of
14                    Japanese businessmen who came to the tea
15                    factories and came to Gisovu.    While in
16                    Gisovu, they realised that the site was
17                    conducive to the production of green tea
18                    and it was following their recommendation
19                    to OCRT, that I was invited to visit a
20                    green tea production factory in Morocco
21                    and to envisage the possibility of
22                    production of green tea.
23   Q.               The prosecution in opening this case,
24                    said that it demonstrated a great
25                    political connection that you had.    Would


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         92
     MUSEMA                          10 MAY 99

 1            you agree with that approach to your
 2            mission to Morocco?
 3   A.       The prosecution has it's way of seeing
 4            things but the reality is that this
 5            mission had absolutely no political
 6            implications, it was a purely technical
 7            and commercial mission.
 8   Q.       Do you know if other managers of tea
 9            factories themselves ever had the
10            opportunities to go on missions aboard on
11            behalf of their country in relation to
12            their business?
13   A.       Among the directors, I believe I'm the
14            one with the least number of missions,
15            some have been to the US, Kenya, London,
16            I believe I'm -- at least if I recall
17            correctly, I'm the one with the least
18            number of missions.
19   Q.       Would this be anything to do with fact
20            that Gisovu was regarded as being the end
21            of the line?
22   A.       I don't think so because the selection
23            for missions to the outside decides on
24            the -- depends on the evaluation of the
25            director of OCRT.   There were training


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 93
     MUSEMA                           10 MAY 99

 1            trips to the US that directors could have
 2            benefitted from.    It has nothing to do
 3            with the position or standing of the
 4            factory.   I don't know -- in any case I
 5            don't know the criteria for selection
 6            that the director general uses.     I can
 7            talk about the criteria that informed the
 8            selection of delegates -- the delegation
 9            to Morocco, but I can't say about others.
10   Q.       Moving now to your position as director
11            of OCRT, sorry, as director of Gisovu Tea
12            Factory, did you ever try and seek
13            employment outside the tea factory?     Did
14            you consider jobs elsewhere to try and
15            get you out of the Gisovu Tea Factory?
16   A.       Yes, I sent many applications and some I
17            -- particularly to the African
18            Development Bank.    I sent an application
19            to the World Bank, I sent an application
20            to ACT, Agency of Technical Corporation,
21            and all these were outside the tea sector
22            or OCRT.
23   Q.       Why did you do that?
24   A.       Well, I sent these applications because
25            one; I wanted to secure my future.     As a


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 94
     MUSEMA                                  10 MAY 99

 1                    family man by staying in Gisovu and
 2                    considering the presidential order, I did
 3                    not know how it was going to change and
 4                    to live indefinitely in Gisovu with the
 5                    children living outside Gisovu, we were
 6                    separated, was not a very reassuring
 7                    future for me.   I had opportunities of
 8                    negotiating bank credits to implement
 9                    private projects so what I needed was to
10                    fight on the professional front and I
11                    thought that to rise -- to ensure -- that
12                    I needed this to ensure a progress or
13                    upward mobility in my career and also to
14                    -- besides the financial advantages, I
15                    thought I was going to learn a lot more.
16   MR. PRESIDENT:
17                    Now we have light again but we have also
18                    this usual problem which usually solves
19                    itself within five minutes.    So please
20                    find the best moment for the lunch break.
21   MR. KAY:
22                    Yes, I have got one more question but I
23                    need the earphones.
24   MR. PRESIDENT:
25                    It's somewhat better now.     It's still no


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         95
     MUSEMA                                   10 MAY 99

 1                    good but it's somewhat better.
 2   MR. KAY:
 3                    The prosecution in this case, stated that
 4                    in 1993, that you were appointed acting
 5                    director of OCRT by the minister of
 6                    commerce and industrial.   Is that true of
 7                    false?
 8   A.               That's false.   Sur pas false.
 9   Q.               Is there such a position as acting
10                    director of OCRT?
11   A.               That position does not exist.    However,
12                    on specific occasions when the director
13                    of OCRT is absent, in normal
14                    circumstances, he appoints somebody to
15                    deputise for him.   He appoints this
16                    person, it's not the minister.
17   MR. PRESIDENT:
18                    Your Honour, that's a convenient moment,
19                    I think I can leave this topic now.
20   MR. PRESIDENT:
21                    Very well.   So let's have the lunch break
22                    now and as usual, I call the parties to
23                    be back here in the same courtroom this
24                    afternoon, at 15:00 hours.   We'll have
25


                          GIFTY HARDING, OFFICIAL REPORTER
                                  ICTR - CHAMBER I
                                         96
     MUSEMA                           10 MAY 99

 1            the curtains, please.
 2
 3            (Pages 64 - 97 by G. Harding, Reporter)
 4
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 7
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10
11
12
13
14
15
16
17
18
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20
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23
24
25


                  GIFTY HARDING, OFFICIAL REPORTER
                          ICTR - CHAMBER I
                                 97
                             ALFRED MUSEMA              10 MAY   1999



 1   MR. PRESIDENT:
 2                    All right let's continue. May I ask Mr.
 3                    Musema to take a place here again?
 4   MR. KAY:
 5                    Your Honour, whilst that is happening
 6                    perhaps we can deal with some housekeeping.
 7                    May I present to the court and first of the
 8                    map which you got in front of your section
 9                    (B) the map of nearly all of Rwanda which
10                    should be Exhibit D13.
11   MR. PRESIDENT:
12                    Under B?
13   MR. KAY:
14                    Yes.
15   MR. PRESIDENT:
16                    After the calendar?
17   MR. KAY:
18                    That's right.
19   MR. PR3SIDENT: I have one with the all of Africa, it's
20                    not only that one? It's annexed after that
21                    one.
22   MR. KAY:
23                    Your Honour is at the page and it's a
24                    document, Your Honour is at the page and
25                    it's a document of--, Your Honour is at the
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            98
                             ALFRED MUSEMA             10 MAY   1999



 1                    page, it's a map of Rwanda of five pages.
 2   MR. PRESIDENT:
 3                    Yes, it starts with the map on Africa.
 4   MR. KAY:
 5                    Yes, well.
 6   MR. PRESIDENT:
 7                    1, 2, 3--,     well at least in my file, 4, 5,
 8                    pages, five pages?
 9   MR. KAY:
10                    Yes D13 please and I hand that to Registry.
11   MR. PRESIDENT:
12                    Exhibit--D13?
13   MR. KAY:
14                    Yes.
15   MR. PRESIDENT:
16                    Very well.
17
18                    DEFENCE EXHIBIT D13 MARKED AND PUT IN.
19   .
20   MR. KAY:
21                    And then moving to the plan that we had of
22                    the various projects in the Gisovu area--.
23   MR. PRESIDENT:
24                    Yes.
25   MR. KAY:
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            99
                             ALFRED MUSEMA              10 MAY   1999



 1                    Which has at the top of B2?
 2   MR. PRESIDENT:
 3                    Yes?
 4   MR. KAY:
 5                    Being the second document in section B, may
 6                    that be D14.
 7   MR. PRESIDENT:
 8                    D14, very well.
 9
10                    DEFENCE EXHIBIT D14 MARKED AND PUT IN.
11   MR. KAY:
12                    And that's all for the moment and I hand
13                    these into to the Registry.
14   MR. PRESIDENT:
15                    Yes.
16   JUDGE KAMA:
17                    I don't follow, please.
18   MR. PRESIDENT:
19                    I repeat, I repeat in French. On B     after
20                    calender, we have a few maps,    the first
21                    one is    on Africa. And the next five pages
22                    are maps of Rwanda all of this constitute,
23                    Defence Exhibit D13. You have B1, B2. B2
24                    would then Exhibit D14. This is on the
25                    location of the factory.
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            100
                             ALFRED MUSEMA              10 MAY    1999



 1   MR. KAY:
 2                    Here and for matters of convenience
 3                    entirely, can we go to the next page of the
 4                    file where you see the schema------        still
 5                    in section B.
 6   MR. PRESIDENT:
 7                    B3?
 8   MR. KAY:
 9                    B3.
10   MR. PRESIDENT:
11                    Yes.
12   MR. KAY:
13                    If we call that D15, we then have all these
14                    maps and plans in a sequence.
15   MR. PRESIDENT:
16                    Thank you. That did not surprise me.
17   MR. KAY:
18                    Thank you.
19
20                    DEFENCE EXHIBIT B15 MARKED AND PUT IN
21
22   MR. PRESIDENT:
23                    B3 will be a Defence Exhibit D15, 13, 14
24                    and 15, I said.
25   MR. KAY:
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
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                          ALFRED MUSEMA                10 MAY   1999



 1                    Thank you. If the registry     will take these
 2                    exhibits from me now. The registry already
 3                    have a file Your Honour with all these
 4                    documents in but they can be put in to
 5                    their archives so to speak.
 6   MR. PRESIDENT:
 7                    Yes, the President please you have the
 8                    floor?
 9   JUDGE KAMA:
10                    Your Honour I would like to draw your
11                    attention to the fact that C begins with
12                    B1, couldn't it be C1?
13   MR. PRESIDENT:
14                    Mr. Kay had explained that B1 should not be
15                    taken into account and that is what I did.
16   JUDGE KAMA:
17                    So what does that become C1?
18   MR. PRESIDENT:
19                    We do not yet know. In any case B1, we
20                    should consider B1 according to what Mr.--,
21                    I understand Mr. Kay--.
22   JUDGE KAMA:
23                    That creates some confusion.
24   MR. KAY:
25                    -- Section we are then in the bottom right
                          PETRUS S. CHIJARIRA, COURT REPORTER
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                             ALFRED MUSEMA              10 MAY   1999



 1                    hand corner for page numbers and forget the
 2                    defence code the top which merely where
 3                    documents came from, so that we know
 4                    whether it is by chance that one is called
 5                    B1. I should have shuffled it to--, taken
 6                    it out. There we are.
 7   MR. PRESIDENT:
 8                    I think it's all right.
 9   JUDGE KAMA:
10                    Okay.
11   MR. KAY:
12                    Thank you. Thank Judge.
13   MR. PRESIDENT:
14                    Okay we are ready?
15   MR. KAY:
16                    Yes.
17   MR. PRESIDENT:
18                    Are you ready to continue Mr. Musema, are
19                    you ready to continue Mr. Musema?
20   A.               Yes, Your Honour.
21   MR. PRESIDENT:
22                    It is still Mr. Kay who would be putting
23                    questions to you.
24   BY MR. KAY TO WITNESS:
25   Q.               Mr. Musema I asked you a series of
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            103
              ALFRED MUSEMA               10 MAY    1999



 1        questions about your role as director of
 2        the tea factory before the mid day
 3        adjournment. I now want to move from that
 4        and ask you questions about your
 5        involvement in local politics in your home
 6        prefecture of Byumba, do you understand?
 7   A.   Yes, I have understood.
 8   Q.   Is it that the citizens of Rwanda although
 9        they may have lived in a different
10        prefecture often kept up strong links with
11        their home prefectures where their families
12        lived and where they were raised?
13   A.   That's correct.
14   Q.   In the Prefecture of Byumba, did you
15        involve yourself in any of the local issues
16        concerning politics?
17   A.   My home Prefecture of Byumba, I would say
18        that I was involved in the economic and
19        social development rather than in politics.
20        However to be more clear I was a member of
21        the conseil prefectural   committee in the
22        prefecture. In that committee I played a
23        role in the economic commission of that
24        prefectural committee. I was also a member
25        of the technical committee of my home
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
                             104
                             ALFRED MUSEMA              10 MAY     1999



 1                    commune, the commune of Rutare,
 2                    R-U-T-A-R-E, and that organ is an advisory
 3                    organ in matters of economic and social
 4                    development of the commune.
 5   Q.               Dealing first of all with the prefecture of
 6                    Butare you have told us you were involved
 7                    in the economical development rather the
 8                    economic development of that Prefecture.
 9                    Were you appointed or were you elected on
10                    to a particular board or commission, can
11                    you explain it to us exactly what your role
12                    was?
13   A.               In the Prefecture of Butare, I did not have
14                    a role. Earlier I said that in the
15                    Prefecture of Byumba, Byumba is spelled,
16                    B-Y-U-M-B-A. In this Prefecture, I was
17                    appointed--, during the period 0f
18                    multiparty politics, I was appointed in the
19                    conseil prefectural, the prefectural--, I
20                    was appointed a member of the prefectural
21                    committee of the prefecture.
22   Q.               As I said Butare in error rather than
23                    Byumba.
24   MR. PRESIDENT:
25                    Judge Kama has the floor.
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            105
                       ALFRED MUSEMA              10 MAY     1999



 1   JUDGE KAMA:
 2                 Is it the political parties that were
 3                 represented in the prefectural committees
 4                 or were you appointed there as a
 5                 representative of a party or as resource
 6                 person?
 7   A.            Your Honour, the appointment was not
 8                 related to membership in a party. I was
 9                 there as a resource person.
10   Q.            At that time, were you not a member of a
11                 political party, this was a time of the
12                 single party state, and one was in the same
13                 party, but at a time of multiparty
14                 politics, were still a member of the
15                 prefectural committee?
16   A.            At a time of multi party politics, I was a
17                 member of the prefectural committee for the
18                 party. That is different from the
19                 prefectural committees.
20   Q.            What do you mean you are a member of the
21                 prefectural council?
22   A.            Here I am referring to the period that
23                 preceded the multi party politics era and
24                 that called the conseil prefectural, the
25                 prefectural council. This was before the
                       PETRUS S. CHIJARIRA, COURT REPORTER
                                  ICTR- CHAMBER I
                                      106
                        ALFRED MUSEMA                10 MAY    1999



 1                  multi party--, the advent of multi partism.
 2                  Now with the advent of multi partism as a
 3                  member of the MRND Party, I was a member of
 4                  the Prefectural committee of the Party.
 5   Q.             And the Prefectural council, did it
 6                  disappear?
 7   A.             The prefectural Council that is a conseil
 8                  Prefectural at that time continued to
 9                  function under the same persons, I in
10                  particular, I continued working within the
11                  Prefectural Council but still in the
12                  capacity of a resource person.
13   JUDGE KAMA:
14                  I understand thank you.
15   BY MR. KAY TO WITNESS:
16   Q.             And your particular contributions as
17                  resource person, consisted    of what?
18   A.             There is a witness who appeared before this
19                  court and    who rightly said that the
20                  Prefect of Byumba was not willing well in
21                  doubt and    at that time each native of
22                  Byumba used his know how and any relations
23                  they had to contribute to the developments
24                  of the Prefecture and I personally having
25                  worked in the Ministry of Agriculture, I
                        PETRUS S. CHIJARIRA, COURT REPORTER
                                   ICTR- CHAMBER I
                                       107
              ALFRED MUSEMA              10 MAY     1999



 1        knew many persons. In that Ministry, I had
 2        relations with donors and I tried to
 3        attract some financing. I tried to make
 4        some bodies take an interest in our
 5        prefecture. I also contributed to the
 6        social development of my commune by
 7        building health centres, by building
 8        schools, private schools and I also carried
 9        out other activities in the prefecture. On
10        the whole, I made contributions in the
11        analysis of development projects. In fact
12        in most cases, these were the activities
13        that I carried out.
14   Q.   This a unique contributions or were others
15        similarly contributing to their local
16        Prefecture in the same way?
17   A.   Of course there were other persons, there
18        were other natives of Byumba we were acting
19        in a group. We constituted a commission. I
20        was not involved alone as a single
21        individual. I corroborated with other
22        persons.
23   Q.   Was any of this activity as part of a
24        larger political contribution either in the
25        form of trying to take control for ends of
              PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA               10 MAY   1999



 1        particular a political party or was it a
 2        personal contribution?
 3   A.   No, no.
 4   Q.   It wasn't a personal contribution or it was
 5        a personal contribution?
 6   A.   It was a personal contribution but apart
 7        from my duties my normal duties, we used
 8        our weekends or public holidays. So it was
 9        sorely on a purely personal basis.
10   Q.   Have you ever been a member of am extreme
11        arm of MRND being the Hutu power     group?
12   A.   Never.
13   Q.   Had you ever advanced politics of extremist
14        groups against the Tutsis as the minority
15        party or group or other political parties
16        in Rwanda?
17   A.   There in the past as of now or in the
18        future, I have never had such intentions
19        and I will never have them.
20   Q.   How would you describe your relationships
21        as an individual as a person with members
22        of the ethnic minorities of Rwanda and for
23        that purpose I take the Tutsi ethnic group?
24   A.   My relations   with the Tutsi have always
25        been very good and this is due to several
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
                             109
         ALFRED MUSEMA               10 MAY     1999



 1   factors. First of all at the level of my
 2   family, I have never have had, I have
 3   never seen any kind of discrimination or
 4   poor relations. I told you that I was born
 5   a modest family, a peasant family
 6   self-sufficient family and may parents have
 7   always enjoyed very good relations with the
 8   Tutsi minority even those who were in
 9   power   at the time. They exchanged gifts,
10   cows, visits. So I have had pleasant
11   contact with them. Furthermore when I did
12   my primary school studies, throughout the
13   primary school studies all my teachers, all
14   my teachers have always been or were
15   Tutsis. I have never had poor relations
16   with them. I have always had the    good
17   reputations that I deserved. I have never
18   had any tense relations with them. In
19   secondary school I have never had any
20   problems with my classmates. At the level
21   of the university, I met Tutsi, I met
22   people of other nationalities. I have never
23   had problems neither in my profession when
24   I returned to Rwanda in the Ministry of
25   agriculture or at the factory. In other
         PETRUS S. CHIJARIRA, COURT REPORTER
                    ICTR- CHAMBER I
                        110
              ALFRED MUSEMA                 10 MAY   1999



 1        words to summarize my relations with the
 2        Tutsi minority have always been good and I
 3        had no reason whatsoever to be suspicious
 4        of them, to want to do them any harm
 5        whatsoever.
 6   Q.   Turning now to another subject again still
 7        before the date of the president's plane
 8        crash in April 1994, in the months just
 9        before April 1994, were you based more in
10        Kigali than in Gisovu?
11   A.   In the months that preceded 6th of April, I
12        was still based in Gisovu.
13   Q.   Did you spend all your time in Gisovu
14        during the month of March 1994 or were you
15        absent from that region and in Kigali?
16   A.   I spent most of my time in my production
17        unit, that is in Gisovu and whenever I was
18        absent, it was for professional reasons,
19        justified professional reasons.
20   Q.   In the months immediately before the
21        President's plane's crash where was your
22        wife living?
23   A.   From the month of February 1994, we decided
24        in the light of the situation that
25        prevailed in the country and also taking
              PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA                 10 MAY   1999



 1        into account that the situation in the
 2        family where we had our children in Kigali
 3        and another child in Butare we decided to
 4        accept the painful separation. Therefore my
 5        wife left Gisovu    to go to Kigali in order
 6        to be closer to the children who until then
 7        were living with an aunt, were living with
 8        an aunt. Therefore for the month of
 9        February my wife was in Kigali.
10   Q.   You explained that conditions were not
11        favourable in Gisovu and so   you and your
12        wife had decided to educate the children in
13        Kigali, is that right?
14   A.   Two of our three sons had already been sent
15        to Kigali in 1986 because they were not
16        able to adapt to Gisovu. Therefore from
17        1986 to 1994, you can see that we were
18        separated from our children for a period of
19        eight years but in 1994 when the situation
20        in Kigali was characterized by strikes,
21        bomb attacks and all kinds of--, forms of
22        insecurity, we felt that it was necessary
23        to separate that the couple should split
24        that my wife should join the children in
25        Kigali in order to be closer to them.
              PETRUS S. CHIJARIRA, COURT REPORTER
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                             112
              ALFRED MUSEMA              10 MAY    1999



 1   Q.   You also said that you also had one child
 2        at school in Butare, is that right?
 3   A.   That's right.
 4   Q.   And was that child staying with any of your
 5        wife's relatives?
 6   A.   Unlike the child who were in Kigali, the
 7        boy who was in Butare was living in a
 8        secondary school where he was a boarder,
 9        while the two sons who were in Kigali even
10        if they went to secondary school, they
11        went--, they lived with families, they were
12        not boarders.
13   Q.   Were the people that they lived with
14        relatives of your wife?
15   A.   Yes, at the home of her elder sister.
16   Q.   You referred to the trouble in Kigali in
17        the early part of 1994 causing your wife to
18        go there to look after your the children,
19        did this mean that you didn't see her and
20        the children or did you use to travel and
21        visit on the weekends or any available
22        opportunity?
23   A.   I went to Kigali, I went down to Kigali.
24        When I say go down, it's because you move
25        from the higher altitude to the lower
              PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA               10 MAY    1999



 1        altitude. So I went down to Kigali to see
 2        her and the children.
 3   Q.   And did you have a house in Kigali?
 4   A.   Yes, I had a house in the neighbourhood
 5        close to the airport.
 6   Q.   And was that house built for you and your
 7        wife?
 8   A.   Initially the house was built for the
 9        purpose of renting it out or letting it out
10        to someone in order to be able reimburse or
11        repay a loan that I had borrowed from a
12        mortgage company in Rwanda. So I had to let
13        the house in order to be able to pay the
14        loan, then later on   I recovered the house
15        but as of now given that my wife went down
16        to Kigali to take care of the children, she
17        had to occupy the house.
18   Q.   And so in that period before the
19        President's plane crash in the weeks before
20        your wife and children were living in what
21        was a family home in Kigali, is that right?
22   A.   That's right they moved from the aunt's
23        house to the family home.
24   Q.   I now want to turn to the blue trial file.
25        Does Your Honour have a question?
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
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                          ALFRED MUSEMA                10 MAY   1999



 1   MR. PRESIDENT:
 2                    We a have a very small complimentary
 3                    question. Witness you said that the
 4                    children moved over or that they went to
 5                    live in the house in Kigali in order to
 6                    live with their mother. I would like to
 7                    know the dates of this?
 8   A.               The dates of this    was towards the end of
 9                    March, towards the end of March.
10   MR. PRESIDENT:
11                    Thank you.
12   BY MR. KAY TO WITNESS:
13   Q.               If we now turn to the blue defence trial
14                    file and turn to page 4, bottom right hand
15                    corner 4, and can you see that Mr. Musema,
16                    page 4 of the trial file?
17   A.               Is this B, A or C?
18   MR. KAY:
19                    Go to C now which is the document section
20                    after the green and you will see in the
21                    bottom right hand corner page 4, there is a
22                    letter dated the 12th of March, 1994. There
23                    is a translation at 4(a) in English. Is
24                    this a letter written by you from Rubaya on
25                    the 12th of March 1994?
                          PETRUS S. CHIJARIRA, COURT REPORTER
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                             ALFRED MUSEMA              10 MAY   1999



 1   A.               That's right.
 2   MR. KAY:
 3                    Your Honor, I produce this as Exhibit D14.
 4   MR. PRESIDENT:
 5                    Exhibit D14, all right.
 6   MR. KAY:
 7                    In   fact I have given Your Honour a wrong
 8                    number there, it's D16.
 9   MR. PRESIDENT:
10                    All right D16.
11   MR. KAY:
12                    I am sorry, my apologies.
13   MR. PRESIDENT:
14                    D16?
15   MR. KAY:
16                    Yes.
17   MR. PRESIDENT:
18                    It's all right.
19
20                    DEFENCE EXHIBIT D16 MARKED AND PUT IN.
21
22   Q.               In this letter you asked Mr. Canisius
23                    Twagira-Kayego to act as a manager for the
24                    interim until the 16th of March, 1994
25                    whilst you were away on mission, is that
                             PETRUS S. CHIJARIRA, COURT REPORTER
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                 ALFRED MUSEMA              10 MAY     1999



 1        right?
 2   A.   That's right.
 3   Q.   Just taking it now from here, 12th of March
 4        1994, what particular mission were you on?
 5   A.   As the heading of the paper states, this is
 6        a letter written in Rubaya, R-U-B-A-Y-A,
 7        this is in the northern part of the
 8        country, in the north of the country in the
 9        Prefecture of Gisenyi. At that time I was
10        on a mission for the identification of
11        areas for the extension of tea plantations.
12        This     was financed by FED, the European
13        Development Fund. The purpose of the
14        mission was to carry out    prospection,
15        prospection in Gisovu, Gisovu, at the Mata
16        Tea Factory, M-A-T-A, Mata Tea factory the
17        Rubaya Tea Factory, areas for new tea
18        plantations in order to make the production
19        capacity profitable. That was the purpose
20        of that mission. The road conditions were
21        difficult and the estimated time for the
22        mission was exceeded, thus I was asking the
23        chief accountant of the unit to deputize
24        during my absence.
25   Q.   At page 5 of the bundle, we a fax, a
                 PETRUS S. CHIJARIRA, COURT REPORTER
                            ICTR- CHAMBER I
                                117
                          ALFRED MUSEMA               10 MAY    1999



 1                    mission report which accompany that letter
 2                    and did you fax that letter from Rubaya?
 3   A.               That's right. That is a fax which
 4                    accompanied, they made a fax or massage
 5                    addressed to the factory.
 6   Q.               And let us now turn to page 6 of the
 7                    Defence file.
 8   MR. PRESIDENT:
 9                    Pardon, I have a question regarding this
10                    fax report. Is it--, did you send the small
11                    note to say that the gentleman in question
12                    had to deputize for you, had to act as
13                    manager did you because according to the
14                    fax print, the message took about nine
15                    minutes and that is too much?
16   A.               It is rapid, it was accompanied by a
17                    letter. There was a letter also addressed
18                    to the factory.
19   MR. PRESIDENT:
20                    Maybe there were several copies of the
21                    letter?
22   A.               Certainly.
23   Q.               But the fact is that this is the fax
24                    transmission report.
25   MR. KAY:
                          PETRUS S. CHIJARIRA, COURT REPORTER
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                             ALFRED MUSEMA              10 MAY   1999



 1                    This is a print out where the zero has a
 2                    cross route. If Your Honour looks at the
 3                    date 12-0-3.
 4   MR. PRESIDENT:
 5                    Yes.
 6   MR. KAY:
 7                    Has a diagonal cross. So Your Honour has
 8                    not been seeing 8 minutes 58 seconds. Your
 9                    Honour has been seeing no minutes 58
10                    seconds.
11   MR. PRESIDENT:
12                    Oh, it's a zero?
13   MR. KAY:
14                    Yes.
15   MR. PRESIDENT:
16                    I see, then it's about one minutes?
17   MR. KAY;
18                    Yes.
19   MR. PRESIDENT:
20                    Okay, My mistake. I have a question from
21                    Judge Pillay.
22   JUDGE PILLAY:
23                    Mr. Kay, it's not clear from this letter
24                    which factory you want us to assume--.
25   MR. KAY;
                             PETRUS S. CHIJARIRA, COURT REPORTER
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                             ALFRED MUSEMA              10 MAY   1999



 1                    Yes.
 2   JUDGE PILLAY:
 3                    He addressed it to his accountant in the
 4                    Gisovu factory, so let's hear and-- you
 5                    with me?
 6   MR. KAY:
 7                    I understand-- we know it that Mr.
 8                    Twagira-Kayego is the Chef Comptable De
 9                    Usine De Gisovu. We have heard evidence of
10                    to that already, Your Honour. I just didn't
11                    want to spend to long on this. We have got
12                    more documents--.
13   JUDGE PILLAY:
14                    Yes.
15   MR. KAY:
16                    I am not detailing every point on these.
17   JUDGE PILLAY:
18                    Yes, fine.
19   MR. KAY:
20                    Because we could be a long time    if I did,
21                    sorry.
22   MR. PRESIDENT:
23                    Just for the records--.
24   MR. INTERPRETER:
25                    Microphone please, the President's
                             PETRUS S. CHIJARIRA, COURT REPORTER
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                             ALFRED MUSEMA              10 MAY   1999



 1                    microphone.
 2   MR. PRESIDENT:
 3                    Oh, just for the records, I go back to fact
 4                    report which says as you indicated 58
 5                    seconds, just to want of course to have
 6                    then the translation into English also
 7                    corrected, to say also 58 seconds and not 8
 8                    minutes and 58 seconds?
 9   MR. KAY:
10                    Yes that's the translation.
11   MR. PRESIDENT:
12                    Yes, I know. The translator and myself did
13                    the same mistake.
14   MR. KAY:
15                    Yes.
16   MR. PRESIDENT:
17                    We should correct that, shouldn't we?
18   MR. KAY:
19                    Yes.
20   MR. PRESIDENT:
21                    Thank you.
22   MR. KAY:
23                    That's corrected now, my copy is all right.
24   BY MR. KAY TO WITNESS:
25   Q.               Shall we now go to page 6, again this is a
                             PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA               10 MAY    1999



 1        letter here in your writing is that right,
 2        and it is in fact the same letter that was
 3        sent on the 12th of March, only that there
 4        has been   an alteration on the date, so
 5        that the authority to the Chef Comptable
 6        runs from the 21st of March 1994?
 7   A.   That's right but there was a combination of
 8        circumstances at this point between the
 9        12th and the 21st, there was an unfortunate
10        event in the OCIRTHE concern. Our colleague
11        of Jharich factory.
12   Q.   Could you spell it for more slowly please?
13   A.   Our colleague at that factory was killed in
14        broad day light at the site of that factory
15        together with his wife, the head of the
16        plantation and the leader of the
17        cooperative and an agriculturist. Without
18        coming back to this unfortunate and
19        unexpected death, the director of the
20        factory, another person who could were
21        involved in this funeral ceremony.
22        Therefore coming back from Rubaya, I went
23        to Kigali. I participated in the funeral
24        ceremonies organizing these families. Thus
25        from Kigali I sent a message to the chief
              PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA                10 MAY   1999



 1        Accountant asking him    to continue
 2        deputizing for me. I also instructed the
 3        secretary to simply change the date, the
 4        date on the letter that I had sent from
 5        Rubaya. Therefore the addition of 2, on the
 6        letter you have 2 which was added and 6
 7        which was crossed out.
 8   Q.   And if we turn to page 7 annexed to this
 9        letter is a diary note in fact headed
10        Sunday the 13th of June although the actual
11        massage, the content on the page is of the
12        17th of March, 1994, in which it says that
13        there has been a massage from you at 830 in
14        the morning to Canisius Twagira-Kayego,
15        Chief Accountant asking you to act as
16        manager, asking   him to act as manager in
17        the interim for the factory until Monday
18        the 21st of March and it says he also wants
19        you to look into making changes to the last
20        memo on this matter and inform the other
21        heads of services, is that right?
22   A.   That's right with the clarification that
23        this extract from the Chief Accountant's
24        diary in fact he is the one who signed the
25        note and received the message but I was the
              PETRUS S. CHIJARIRA, COURT REPORTER
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                          ALFRED MUSEMA               10 MAY    1999



 1                    one who sent the message.
 2   MR. KAY:
 3                    And I produce this as Exhibit D17, Your
 4                    Honour.
 5   MR. PRESIDENT:
 6                    Page 7, page C7 is now Exhibit D16?
 7   MR. KAY:
 8                    Page 6 and page 7 are combined Exhibit D17.
 9
10                    DEFENCE EXHIBIT D17 MARKED AND PUT IN.
11   .
12   MR. PRESIDENT:
13                    Yes, I am--, I take it Counsel that it is
14                    just a--, or   shall I put it otherwise.
15                    Should we get into--, do you want to get
16                    into the fact that this is put on a paper
17                    which is dated Sunday 13th June?
18   MR. KAY:
19                    No, it's of no interest to me as it is
20                    dated the 17th of March at the bottom.
21   MR. PRESIDENT:
22                    Yes, that's what--.
23   MR. KAY:
24                    I will avoid shooting foxes.
25   MR. PRESIDENT:
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
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                          ALFRED MUSEMA               10 MAY   1999



 1                    All right.
 2   BY MR. KAY TO WITNESS:
 3   Q.               Mr. Musema you have explained to us then
 4                    that during March, for these periods you
 5                    handed over responsibility of the tea
 6                    factory to your Chief Accountant, that's
 7                    right, isn't it?
 8   A.               That's right.
 9   Q.               And is this the same Canisius
10                    Twagira-Kayego whom the court has heard
11                    about during the evidence of the
12                    prosecution witnesses who appears to have
13                    been killed at the tea factory in April,
14                    1994?
15   A.               It is the same person.
16   Q.               And I now want to turn to the next page in
17                    this file which is at page 8 where we see a
18                    letter from the tea factory in Gisovu dated
19                    the 14th of March which I produce as
20                    exhibit D18, Your Honour.
21   MR. PRESIDENT:
22                    Exhibit D18 page 8?
23   MR. KAY:
24                    Yes, and annexed to that you will see    on
25                    page 9 is a report, the Security Report,
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
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                             ALFRED MUSEMA              10 MAY   1999



 1                    there are translations before the court.
 2   MR. PRESIDENT:
 3                    Yes.
 4
 5                    DEFENCE EXHIBIT D18 MARKED AND PUT IN.
 6   .
 7   BY MR. KAY TO WITNESS:
 8   Q.               Dealing first of all with the letter at
 9                    page 8. This we see as a letter in your
10                    name Mr. Musema but is it correct to say it
11                    was signed on your behalf by Mr.
12                    Twagira-Kayego Canisius?
13   A.               That's right.
14   Q.               It's a letter dated the 14th of March which
15                    says    that there had been an attempted
16                    theft at the factory in the night of the
17                    9th of March, 1994 in one of the dealing
18                    houses located in Muhanda and that a report
19                    was sent with the letter to the IPJ, that
20                    is the Procurer of the Canton of Gisovu is
21                    that right?
22   A.               That's right.
23   Q.               And also to the borgmestre of Gisovu
24                    Commune, is that right?
25   A.               That's right.
                             PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA               10 MAY    1999



 1   Q.   And if we   turn to page 9 where we see
 2        written in Kinyarwanda, is the report of
 3        that night dated 9th to the 10th of March,
 4        1994 and with translations into the French
 5        language at 9(a) and English at 9(c) and do
 6        we find in there a report of some sort of
 7        incident that took place at the factory
 8        during the night of the 9th of March and
 9        the report of your Chief Accountant as to
10        that incident?
11   A.   That's right.
12   Q.   Just dealing with this generally now, such
13        a report as this would that be kept within
14        the files of the factory?
15   A.   That is perfectly normal.
16   Q.   Right, having referred to that incident on
17        the night of the 9th of March, I take it
18        that you weren't present at the factory at
19        that time which is why the report was not
20        signed by you personally is that right?
21   A.   That's right.
22   Q.   I want to now turn to security at the
23        factory generally and for this purpose may
24        turn to page 1 of the documents in this
25        part of the file. Have you got page 1 in
              PETRUS S. CHIJARIRA, COURT REPORTER
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                             ALFRED MUSEMA              10 MAY   1999



 1                    front of you Mr. Musema and at 1(a) there
 2                    is the French translation and at page 1(b)
 3                    there is an English translation?
 4   A.               Yes, I am with you.
 5   Q.               Looking at this document if you look at
 6                    Kinyarwanda, that is your signature on the
 7                    document, is that right?
 8   A.               That's right.
 9   Q.               Document made on the 24th of February, 1992
10                    and I produce this as Exhibit D19.
11   MR. PRESIDENT;
12                    Exhibit D19.
13
14                    DEFENCE EXHIBIT D19 MARKED AND PUT IN:
15   MR. KAY:
16                    Yes.
17   MR. PRESIDENT:
18                    Then equal to page 1.
19   MR. KAY:
20                    Yes.
21   BY MR. KAY TO WITNESS:
22   Q.               Mr. Musema looking at the document, itself
23                    it's an agreement on the provision of
24                    rifles to secure the factory and it says
25                    that on the 24th of February, 1992, the
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            128
              ALFRED MUSEMA               10 MAY    1999



 1        borgmestre of the Gisovu Commune provided
 2        the factory with two rifles to maintain the
 3        security of the latter and it refers
 4        Leanfield Rifle with twenty rounds an FSA
 5        2075 with 30 rounds and it says these
 6        rifles will used by the army reservists
 7        responsible for the security of the factory
 8        and they would inspected by the sergeant of
 9        the commune who would also inspect the
10        weapons issued to the policemen. They would
11        undergo military training together and we
12        that there is the signature of the
13        borgmestre Joseph Bugingo, the sergeant of
14        the commune, the beneficiary who is you and
15        the supervisor who is called Nkerabigwi. I
16        am now going to ask you some questions
17        about this documents. Before the 24th of
18        February 1992, were there any armed guards
19        for the factory?
20   A.   Before the 24th of February there were no
21        weapons in the factory. There was no
22        specific place in the factory where weapons
23        were kept.
24   Q.   Did the factory have security through to
25        ensure that it was kept safe?
              PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA               10 MAY    1999



 1   A.   Excuse me, maybe it is a problem of
 2        translation. Are you referring to the
 3        period before the 24th or after the 24th
 4        there etc?
 5   Q.   Pre 1992, before the period 1992, did it
 6        have guards although guards that were    not
 7        armed?
 8   A.   Before the 24th of February we had vigils
 9        and we also had guards who were not armed.
10   Q.   The purpose for guarding the factory was
11        what, it sounds obvious but   I am going to
12        ask it all the   same?
13   A.   The problem of security at the factory had
14        been discussed in a general meeting
15        comprising all the directors of factories
16        and it followed that considering the risky
17        situation in the country due to the war. We
18        had been in war since 1990. We were not at
19        the war front but we were in region where
20        deserters and other evil doers moved about,
21        we were in the regions where there were
22        wild cat strikes, where there young people
23        beacons and so on. It was agreed therefore
24        that it was absolutely necessary to ensure
25        greater security in state enterprises and
              PETRUS S. CHIJARIRA, COURT REPORTER
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                             130
               ALFRED MUSEMA                10 MAY     1999



 1        that is state enterprises under our
 2        authority. It is during that meeting, the
 3        meeting we held with the Director General
 4        of   OCIRTHE that    we unanimously agreed
 5        that it was necessary to take measures for
 6        the appropriate guarding of factories.
 7   Q.   And was there anything unusual or improper
 8        by the borgmestre of the Gisovu commune
 9        providing your factory     until 2 rifles?
10   A.   There were cases of theft that had been
11        noticed and we feared for the worst. It is
12        better to prevent than to cure.
13   Q.   Was there anything improper though in the
14        borgmestre providing those rifles to you
15        was that contrary to any policy of OCIRTHE
16        or was it in agreement with OCIRTHE policy?
17        There was nothing abnormal, nothing
18        inappropriate because at that moment the
19        meeting with the Director General of
20        OCIRTHE had established that each of the
21        directors would go and negotiate with the
22        borgmestre in the commune where the factory
23        is located in other draw up a contract for
24        the guard of the factory.     There was no
25        model contract. Consequently each factory
               PETRUS S. CHIJARIRA, COURT REPORTER
                          ICTR- CHAMBER I
                              131
              ALFRED MUSEMA                 10 MAY   1999



 1        had its own negotiations and reported to
 2        the Director General for approval. For the
 3        case of Gisovu where I was a director the
 4        negotiations were carried out with the
 5        borgmestre and a contract was drawn for the
 6        supply of rifles. I then informed the
 7        Director General of this, the Prefect was
 8        also aware of this. All authorities
 9        approved the contract and I was
10        discharging my duties in this respect.
11   Q.   And was this contract filed within the
12        Gisovu Tea Factory?
13   A.   Absolutely because the present document.
14        The document before you, Your Honours is a
15        document that was brought by my Counsel
16        when they went to Gisovu. Therefore it was
17        filed in the factory but I should add that
18        copies were transmitted to whoever was
19        concerned and if    it became necessary to go
20        and search in the archives of the OCIRTHE
21        you would find the same copies.
22   Q.   These rifles that were supplied were they
23        for the use of the watchmen at the factory
24        who were employees at the factory?
25   A.   They were intended to be   used sorely by
              PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA               10 MAY    1999



 1        the watchmen who were called to supervisors
 2        of the factory and who demonstrated an
 3        ability to use the weapons in other words
 4        they were ex-soldiers. They were not
 5        watchmen who had been chosen from among the
 6        local population, people who did not know
 7        how to use the weapons.
 8   Q.   The rifles that were supplied were they
 9        kept under a   form of security and a
10        procedure for their issue. If so please
11        tell us what that was?
12   A.   The procedure in use, in use is the
13        operative word because the arms were kept
14        in a box which is locked with a key and
15        when the guards changed, when they charge
16        guards the one on duty gives the key to the
17        incoming one and a report was drawn up    was
18        made each time the guards changed which
19        normally happened in the morning at 0700
20        when work started and in the evening when
21        closed at 1730 when the guards came in for
22        the night shift.
23   Q.   The procedure that was adopted, did it
24        require the rifles to remain within the box
25        and the key changed hands or were the
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
                             133
              ALFRED MUSEMA               10 MAY    1999



 1        rifles withdrawn and paraded around the
 2        factory during the duties of the guards?
 3   A.   During the day the guns were normally kept
 4        in the box and the team leader of the
 5        guards on duty kept the key but he stayed
 6        close by and in the evening the guns were
 7        carried by the guards within the factory.
 8        It was not possible for these guns to be
 9        outside. It was not possible whatsoever for
10        the guns to be outside the factory. They
11        were meant for the protection of the
12        factory and they remained within the
13        factory.
14   Q.   Just looking at the security situation you
15        referred to was break ins--- and the forest
16        of Nyungwe is that notorious forest for
17        robbers and people who would put your life
18        at risk?
19   A.   Absolutely we even had cases, theft cases
20        in the   factory. In previous years, there
21        was even a case were thieves came and broke
22        down the fence and went into the warehouse
23        stole things. In the Nyungwe forest there
24        were people killed, There were cases of
25        people killed and this was reported in the
              PETRUS S. CHIJARIRA, COURT REPORTER
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              ALFRED MUSEMA               10 MAY    1999



 1        newspapers and this was brought before the
 2        courts. The danger was clear particularly
 3        one of the major dangers   was that we
 4        handled large sums of money within the
 5        factory and this could attract all sorts of
 6        thugs and bandits who could come from the
 7        neighbourhood or further afield or people,
 8        thieves who could come and steal spare
 9        parts of the factory, spare parts which
10        were very much sort after elsewhere.
11   Q.   Which member of your staff was in charge
12        every of the rifles and the watchmen?
13   A.   The person in charge, the supervisor of the
14        factory was tea maker. The tea maker was
15        technical term. He is the person in charge
16        of manufacturing, that is to put in clearer
17        terms and he kept all keys of the factory
18        from the entrance, all the way to the
19        offices within the premises of the factory
20        except the keys to the administrative
21        offices because the administrative office
22        was not within the manufacturing premises.
23        So he had all the keys and he was in charge
24        of security.
25   Q.   Other than these two rifles, did the
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
                             135
                            ALFRED MUSEMA              10 MAY   1999



 1                    factory have any other rifles?
 2   A.               No.
 3   Q.               Did you--?
 4   MR. PRESIDENT:
 5                    Sorry a question from Judge Kama.
 6   JUDGE KAMA:
 7                    Counsel as part of the questions that you
 8                    are asking about these rifles, it's being
 9                    said that they were kept in a box and
10                    locked in under key, where was this box,
11                    where was this box within the factory? Is
12                    there is a specific place where the box was
13                    kept?
14   A.               Yes, Mr. President.
15   Q.               And where was this?
16   A.               The box containing the rifles    was at the
17                    entrance in a building of a door which is
18                    locked well a door which is open during the
19                    day to make movement possible, but it was a
20                    specific place.
21   Q.               It is the same building that witness
22                    described here? There was a witness who
23                    said there was a building with two rooms?
24   A.               I think there was a lot of confusion to
25                    that I will let myself to what I know. It
                            PETRUS S. CHIJARIRA, COURT REPORTER
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                                           136
                        ALFRED MUSEMA               10 MAY    1999



 1                  is not the same.
 2   Q.             That is my question because there was a
 3                  witness who described building, two rooms,
 4                  a building with two rooms so I just wanted
 5                  to know if it is the same building because
 6                  we are talking about a building near the
 7                  entrance?
 8   A.             It's not same Your Honour.
 9   JUDGE KAMA:
10                  Thank you.
11   MR. KAY:
12                  I may have remembered this correctly that
13                  witness was talking about mount Karongi and
14                  the relay station at the top of the
15                  mountain where there was the hut with two
16                  rooms and a box of ammunition. I think
17                  that's where that piece of evidence comes
18                  in not within Gisovu Tea Factory. I think
19                  that's right.
20   Q.            In relation then to the--, Your Honour has
21                  got another question?   Thank you.
22   BY MR. KAY TO WITNESS:
23   Q.             In relation to the guards at the factory
24                  were there 2 shifts, a night shift and a
25                  day shift?
                        PETRUS S. CHIJARIRA, COURT REPORTER
                                   ICTR- CHAMBER I
                                       137
              ALFRED MUSEMA               10 MAY   1999



 1   A.   Yes there was a night--, there was a team
 2        for the day and   another team for night.
 3   Q.   And in terms of numbers how many were on
 4        duty at night and how many were on duty at
 5        night?
 6   A.   Teams of 2 to 3 depending on the
 7        availability of people.
 8   Q.   Was there other security within the
 9        plantations involving guards who kept watch
10        for the houses within the grounds of the
11        plantations were members of the staff
12        lived?
13   A.   Yes, there were watchmen who were sent to
14        the warehouses of the factory like
15        fertilizers, the seedlings of the factory,
16        watchman in charge of the fertilizer, the
17        seedlings also of factory watchmen in
18        charge of groups of houses. There was a
19        small group that liaised between these
20        group of watchmen who watched over the
21        groups of houses. So there were three
22        groups of watchmen, those who remained
23        within the factory and who never left the
24        factory day as well as night. There were
25        the watchmen on the warehouses and stock
              PETRUS S. CHIJARIRA, COURT REPORTER
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                          ALFRED MUSEMA               10 MAY     1999



 1                    outside the factory who never left day or
 2                    night and then there were watchmen who
 3                    liaised between the things which were
 4                    stationery.
 5   Q.               I am just putting   this into context in
 6                    1992 was this a period when the country had
 7                    concerns for its safety, people had to take
 8                    precautions, public buildings had to be
 9                    secured because of conflict that was
10                    occurring within the country?
11   A.               Absolutely.
12   MR. PRESIDENT:
13                    Sorry, we have a question from Judge
14                    Pillay. Judge Pillay, please you have the
15                    floor.
16   JUDGE PILLAY:
17                    Thank you, Mr. President. Mr. Musema did
18                    you say that these two rifles were the only
19                    weapons at the factory?
20   A.               Yes, Your Honour at the time under
21                    consideration, the time the Counsel is
22                    referring to, that is 1992.
23   Q.               This is about that the sergeant of the
24                    commune would also inspect the weapons
25                    issued to the policemen?
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
                                         139
              ALFRED MUSEMA                10 MAY    1999



 1   A.   Yes, Your Honour, if I might explain that,
 2        it means the arms remain the property of a
 3        commune and the communes had the right to
 4        inspect them. The weapons did not become
 5        properties of the factory by virtue   of
 6        this contract.
 7   Q.   So there were other persons armed with
 8        weapons and stationed at the   factory?
 9   A.   Your Honour, the French booth thinks you
10        are speaking too far away from that
11        microphone. My colleagues in the French
12        booth would like you to take your question
13        again?
14   Q.   Repeat the question, what was my question?
15        Does this mean there were other persons
16        stationed at the factory   who were carrying
17        weapons, that was my question?
18   A.   At the factory there were employees of the
19        factory who were ex-soldiers and who knew
20        how to handle weapons and had weapons
21        within the factory when I mean use weapons,
22        I mean   can use weapons when necessary for
23        an example in the event of an attack, they
24        could use a weapon.
25        Mr. Kay, I am not sure whether the
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
                             140
                             ALFRED MUSEMA              10 MAY   1999



 1                    situation is clear to me but maybe you
 2                    could take it further.
 3   BY MR. KAY TO WITNESS:
 4   Q.               Can you turn to the Kinyarwanda at page 1
 5                    Mr. Musema, can you turn to page 1, of the
 6                    files and after the line of FSE if you
 7                    could read out in Kinyarwanda what the text
 8                    is there so that we may have a translation?
 9   MR. PRESIDENT:
10                    All right I must pretend I use the
11                    translation.
12   A.               I don't think there should be any problem
13                    because    there is the French translation on
14                    the    next page which is very clear and
15                    which has this these rifles would be used
16                    by army reservists responsible for the
17                    security of the factory. So your Honour was
18                    right to ask the question. It was not
19                    communal policemen who could use the
20                    weapons, these were employees of    the
21                    factory.
22   BY MR. KAY TO WITNESS:
23   Q.               And when it says in French--- what does
24                    that mean?
25   A.               This    means that as part of the duties of
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            141
                          ALFRED MUSEMA              10 MAY    1999



 1                    the sergeant in a commune in which he is
 2                    responsible for inspecting weapons of the
 3                    policemen, there is another duty of
 4                    inspecting weapons allocated to the tea
 5                    factory.
 6   Q.               It doesn't refer to any other weapons that
 7                    would have been supplied to the tea
 8                    factory?
 9   A.               No, none at all.
10   MR. PRESIDENT:
11                    Mr. Musema if you look once again at the
12                    paragraph we are talking about the
13                    Kinyarwanda version, I think that would
14                    facilitate the task so after making sure
15                    that the translation is a faithful
16                    reflection of the Kinyarwandan original?
17   A.               The translation is correct.
18   Q.               Another question on the contract, did you
19                    pay something to hire these rifles?
20   A.               No, we didn't pay anything.
21   Q.               Why then did you--, how did you receive
22                    these rifles from the commune without
23                    paying anything?
24   A.               It is because the commune and its police
25                    normally had to ensure the security of
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
                                         142
                          ALFRED MUSEMA                10 MAY    1999



 1                    persons and goods within the territory so
 2                    there is no reason for us to pay and for
 3                    that reason the commune never asked us to
 4                    pay anything.
 5   Q.               So the commune without asking    for any
 6                    consideration, monetary consideration, gave
 7                    you these guns your own   use?
 8   A.               That's correct, Mr. President.
 9   Q.               Do you know if the commune did the same
10                    with other people within the commune?
11   A.               I don't--, I    wouldn't know if one or the
12                    other projects contacted the commune for
13                    the in other same reasons but if I should
14                    extrapolate the situation, to the situation
15                    of other projects within the commune. I
16                    would say that Electrogaz, security was
17                    also ensured by reservists and people from
18                    the Rwandan army. Zaimill also had also
19                    protection from the gendarmerie. I don't
20                    what kind of contract they had between
21                    them. In short I will limit myself to the
22                    sector I was in charge of and to say that
23                    this is the contract we signed with the
24                    commune. I can't say more.
25   MR. PRESIDENT:
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
                                         143
                          ALFRED MUSEMA                 10 MAY   1999



 1                    Thank you.
 2   BY MR. KAY TO WITNESS:
 3   Q.               And page 2, and I tender here a document
 4                    dated the 24th of February, 1994, headed
 5                    Management. I have the document here which
 6                    I put before the court as D20, page 2 would
 7                    be D20.
 8   MR. PRESIDENT:
 9                    Page 2 is Exhibit D20.
10
11                    DEFENCE EXHIBIT D20 MARKED AND PUT IN:
12
13   Q.               Was there an annual inspection of the
14                    rifles supplied by the commune?
15   A.               There is no calender for inspection. The
16                    inspection could take place as and when
17                    necessary as and when the Brigadier thought
18                    it was necessary.
19   Q.               If we look at the documents at page 2,
20                    French translation 2(a) and English
21                    translation 2(b) it says Management
22                    Sergeant and he is named of Gisovu Commune
23                    came to Gisovu Tea Factory to inspect the
24                    material placed at the disposal of the
25                    officers responsible for security in the
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
                                         144
              ALFRED MUSEMA              10 MAY     1999



 1        factory namely the rifles and ammunition.
 2        He noted that eight rounds of the
 3        REEIN-FIELD Rifles were out of services and
 4        that 12 were in good condition and so it
 5        maybe we still have our 20 bullets. The
 6        rounds of the FSA Rifles numbering 29 as
 7        well as the two rifles were in good
 8        condition and that's the document that was
 9        within the tea factory and signed by the
10        supervisor who assisted him Juvenile
11        Juvenile Nshogoza you have told us that
12        there was an inspection but it was not
13        annual is it just lucky then that we have
14        got both the document being the 24th
15        February?
16   A.   It is a happy coincidence because I did not
17        have any schedule for inspection as the
18        sergeant was making a short report to the
19        commune, the supervisor of the factory who
20        was in charge of these weapons also made
21        his report with illegible at the top titled
22        Raporo Akazo in Kinyarwanda, that   is
23        service reports. So other inspections took
24        place this was not the only one if time had
25        allowed my Counsel to investigate further
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
                             145
                             ALFRED MUSEMA              10 MAY   1999



 1                    at the factory, they would have found
 2                    similar documents, this is not the only
 3                    one.
 4   Q.               If we just look at the page 2, we see down
 5                    on the bottom section okay OCIRTHE is that
 6                    right?
 7   A.               That's correct.
 8   Q.               Is that your writing?
 9   A.               Yes,.
10   MR. PRESIDENT:
11                    Is it okay ACL or is okay ACL, the writing
12                    was not clear?
13   A.               It is ACL A classe to be filed which means
14                    there no immediate follow up required
15                    that's my handwriting, Mr. President.
16   MR. PRESIDENT:
17                    Right it was not signed then?
18   A.               It's not signed.
19   BY MR. KAY TO WITNESS:
20   Q.               You are telling us that it's your
21                    handwriting?
22   A.               The word okay slash ACL are in my
23                    handwriting.
24   Q.               While still on the subject if we turn to
25                    page 3 now and with the English translation
                             PETRUS S. CHIJARIRA, COURT REPORTER
                                        ICTR- CHAMBER I
                                            146
              ALFRED MUSEMA                 10 MAY   1999



 1        it's 3(a). We have a letter dated the 19th
 2        of February, 1994 with the name Emmanuel
 3        Ruhigisha giving his cellule, sector and
 4        commune and Kibuye prefecture and it's a
 5        letter to the director of the tea factory
 6        which is you, can you see that?
 7   A.   Yes, I am with you.
 8   Q.   And the letter asks for his employment as
 9        supervisor in    a department and he explains
10        that he has 2 years of post primary
11        education for which he has a certificate
12        and that he was a soldier with the
13        gendarmerie nationale his contract came to
14        an end on the first of July, 1993. That's
15        the text of the letter but I am more
16        interested to ask    you questions about the
17        handwriting that's been added to the letter
18        in the top section where we see under a
19        note dated the 23rd of February, 1994 whose
20        signature is    that by that date?
21   A.   That is the signature of the Chief of
22        personnel of the factory.
23   Q.   His name?
24   A.   Nyarugwiza Joseph, N-Y-A-R-U-G-W-I-Z-A
25        J-O-S-E-P-H. I am sorry about that.
              PETRUS S. CHIJARIRA, COURT REPORTER
                         ICTR- CHAMBER I
                             147
                          ALFRED MUSEMA              10 MAY     1999



 1   Q.               The note added to the letter has been that
 2                    the tea maker advised that another
 3                    supervisor should be recruited to allow for
 4                    rotation. The present recruitment should
 5                    therefore be encouraged if this applicant
 6                    fulfills this requirement. Just below that
 7                    part of the text in Kinyarwanda is another
 8                    written note in a hand with the date 23,
 9                    02, 94, whose signature is that by that
10                    date?
11   A.               The writing SP finalizes the file, 23rd
12                    February, 1994, it's in my handwriting. All
13                    that is in my handwriting.
14   MR. PRESIDENT:
15                    Can you take the date again is it 23, 02,
16                    1994?
17   A.               Yes, Mr. President, nothing else.
18   Q.               Does this appear on the translation
19                    Counsel?
20   MR. KAY:
21                    No it doesn't, I can't make any comment
22                    about that.
23   MR. PRESIDENT:
24                    I am just asking you the question.
25   BY MR. KAY TO WITNESS:
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
                                         148
                           ALFRED MUSEMA              10 MAY   1999



 1   Q.               And so there in relation to this note is
 2                    your handwriting saying finalized and we
 3                    can see here that this was for the job of a
 4                    surveyor which is a guard at the factory,
 5                    is that right?
 6   A.               That's correct.
 7   Q.               In 1992 and 1994 had the country in any way
 8                    improved in its prevailing conditions so
 9                    that armed guards at the factory became
10                    unnecessary?
11   A.               Between 1992 and 1994 the conditions
12                    deteriorated in Kibuye as well as the
13                    country as a whole so there was no--, we
14                    didn't have to do away with the security
15                    guards, rather we needed to strengthen the
16                    security.
17   MR. KAY:
18                    Your Honour, I produce this document at
19                    page 3 as D21.
20   MR. PRESIDENT:
21                    I already guessed so and had done
22
23                    DEFENCE EXHIBIT D21 MARKED AND PUT IN.
24                     .
25   MR. PRESIDENT:
                           PETRUS S. CHIJARIRA, COURT REPORTER
                                      ICTR- CHAMBER I
                                          149
                         ALFRED MUSEMA               10 MAY    1999



 1                   I also have   a question from Judge Pillay.
 2   JUDGE PILLAY:
 3                   Mr. Musema you said the conditions had
 4                   deteriorated and there you had to employ
 5                   more other guards. Can you explain why
 6                   these rifles was never fired in that two
 7                   year period, they then didn't need those
 8                   rifles at all did they?
 9   A.              Well fortunately, fortunately that did
10                   never happened. I do not know how to
11                   explain this but there was no reason or any
12                   occasion, there was no occasion where we
13                   needed to use the weapons but the situation
14                   was not any better after February 1992
15                   throughout the   prefecture of Kibuye, there
16                   was disaster in the Prefecture, the forest
17                   in the prefecture was burnt down by the
18                   bandits. You must have heard that there was
19                   inter-ethnic conflicts in the Gishima,
20                   Rwamatamu commune fortunately it did not
21                   extend to our--, to Gisovu, there was even
22                   a bungalow that was burnt. There were other
23                   incidents which fortunately did not extend
24                   to the factory but which made it necessary
25                   for the director    that I was to improve and
                         PETRUS S. CHIJARIRA, COURT REPORTER
                                    ICTR- CHAMBER I
                                        150
                          ALFRED MUSEMA                10 MAY   1999



 1                    enhance the security of the factory.
 2   MR. KAY:
 3                    I just want to point out that a rifle has
 4                    29 rounds rather than 30 even if they are
 5                    the same rounds that were originally issued
 6                    which we wouldn't know.
 7   JUDGE PILLAY:
 8                    Except there 8 out of service and 12 in
 9                    good condition and that makes 20 and the
10                    original   contract we faced was 20 rounds?
11   MR. KAY:
12                    The FSL rifle had 30 rounds Your Honour.
13   Q.               I am referring to rounds file?
14   A.               Right the FSL 20175 the second rifle.
15   Q.               So what are you saying, they used one
16                    round?
17   A.               Yes, if it is the same round.
18   Q.               I thank you, Mr. President.
19   MR. PRESIDENT:
20                    Thank you very much.
21   BY MR. KAY TO WITNESS:
22   Q.               I would like now to deal with personal
23                    weapon of your own and for purpose I turn
24                    to page 135 of the defence bundle and I
25                    produce this as Exhibit D22 which is a
                          PETRUS S. CHIJARIRA, COURT REPORTER
                                     ICTR- CHAMBER I
                                         151
         ALFRED MUSEMA              10 MAY    1999



 1   contract-- De pret d'armes there is no
 2   English translation it's only in French but
 3   its sense will be quite clear it goes from
 4   page 125 to page 138.
 5
 6   DEFENCE EXHIBIT D22 MARKED AND PUT IN.
 7
 8
 9   Pages 98 to 152 by P S Chijarira Reporter
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
         PETRUS S. CHIJARIRA, COURT REPORTER
                    ICTR- CHAMBER I
                        152
     ALFRED MUSEMA                                      10 MAY 1999


 1     MR. PRESIDENT:
 2                      So page 135, up to and including page 138
 3                      are now called Exhibit D. 22.
 4     Q.               Mr. Musema have you got that page in the
 5                      file?
 6     A.               Yes I am with you.
 7     Q.               We have a letter from the Minister of
 8                      Defence, Contract de program-- and we
 9                      have got a number 047, and we have got a
10                      date, 14th October 1992.   It is a
11                      contract with the Ministry of Defence on
12                      one part and yourself on the other part.
13                      Is that right?
14     A.               That is correct.
15     Q.               And, is it a contract that specifies the
16                      issue of a pistol of Browning make with a
17                      serial number, issued to you as Director
18                      of Usine de The Gisovu?
19     A.               I would like to make a correction to
20                      enhance our understanding.   The gun was
21                      not issued to me as a Director.    It was
22                      issued to me, who happens to-- it is not
23                      attached to the function, it is attached
24                      to the person.
25     Q.               And ammunition was issued, about 25


                          REGINA LIMULA, OFFICIAL COURT REPORTER
                                     ICTR - CHAMBER I
                                           153
  ALFRED MUSEMA                                 10 MAY 1999


 1                rounds?
 2   A.           Yes.
 3   Q.           And the following conditions were set out
 4                to the beneficiary of the issue
 5                concerning the use of the weapon, is that
 6                right, and its holding?
 7   A.           That is correct.
 8   Q.           And that contract was to run until the
 9                14th of October, 1993? Is that right?
10   A.           That is correct.
11   Q.           At page 136, we can see the section that
12                deals with renewals. And on the 14th of
13                October, 1993, the term was renewed until
14                the 13th of October 1994, is that right?
15   A.           That is correct.
16   Q.           And then we see on page 137, again,
17                various entries relating to the issue of
18                the Browning pistol to you and the
19                signing of the document by you and Mr.
20                Gasana, a Minister.   Is that right?
21   A.           That is correct.
22   Q.           At page 138, we see again a further renew
23                of that contract, on 14th October 1993,
24                and the 13th October 1994.   Is that
25                right?


                    REGINA LIMULA, OFFICIAL COURT REPORTER
                               ICTR - CHAMBER I
                                     154
  ALFRED MUSEMA                                 10 MAY 1999


 1   A.           That is correct.
 2   Q.           And we can also see written on there that
 3                the arm was surrendered or given up on
 4                the 24th July 1994. Is that right?
 5   A.           That is correct.
 6   Q.           To the 3rd company of the 13th Brigade.
 7                Is that voluntarily?
 8   A.           Yes, except I don't know if that means
 9                Brigade.   But it is a section of the
10                French army which was involved in the
11                Operation Turquoise.
12   Q.           Later on in your evidence, nearer to the
13                end we will return to this section here.
14                All I am concerned about is the document
15                that we have here that shows that you
16                were issued with a pistol in 1992.      Is
17                that right?
18   A.           That is correct.
19   Q.           In 92, until you left Rwanda in 94, did
20                you keep that pistol in your possession?
21   A.           I kept it in a safe place and I never had
22                the opportunity to use it.
23   Q.           Where was the pistol kept?
24   A.           The pistol, I kept it in the house when I
25                was in Gisovu. And from time to time I


                    REGINA LIMULA, OFFICIAL COURT REPORTER
                               ICTR - CHAMBER I
                                     155
  ALFRED MUSEMA                                10 MAY 1999


 1                travelled with it if I were going on a
 2                long trip to Kigali, for example. But
 3                that was not always the case.
 4   Q.           October, 1992, had you been issued with a
 5                pistol or had you owned any other
 6                firearm?
 7   A.           No, before October, I did not have any
 8                weapon.
 9   Q.           Did you own any other firearm other than
10                this pistol?
11   A.           None.
12   Q.           And can you tell us the reason for you
13                being issued with this pistol in October
14                1992?
15   A.           At that time, as I said, there was
16                deterioration in the security situation
17                and I am not talking of a war front, but
18                in the heat-- of the country, I also
19                escaped two attempts.   On the Kibuye Road
20                I escaped a grenade attack, another
21                occasion I was attacked by a gang, again
22                on the Kibuye road when I was going on a
23                mission to Kigali.   I went to explain the
24                situation to the Minister of Defence, Mr.
25                Gasana James, and asked for his advice.


                    REGINA LIMULA, OFFICIAL COURT REPORTER
                               ICTR - CHAMBER I
                                     156
  ALFRED MUSEMA                                     10 MAY 1999


 1                    Mr. Gasana James, then accepted that an
 2                    individual protection-- or arm for
 3                    personal protection be issued to me, that
 4                    is how come the weapon, or the pistol was
 5                    issued to me.
 6   MR. PRESIDENT:
 7                    I have a question on this issue.   If you
 8                    have not finished with it--
 9   MR. KAY:
10                    I have finished with it for the moment.
11   MR. PRESIDENT:
12                    Mr. Musema, I just want you to check
13                    again. It is the Minister of Defence
14                    himself who signed on page 137.
15   A.               Just a moment, Mr. President, I will turn
16                    to that page.
17   MR. PRESIDENT:
18                    The bottom right corner?
19   A.               Yes.
20   Q.               That is the signature of the Minister of
21                    Defence himself, and it is written Dr.
22                    James Gasana.
23   A.               Yes.
24   Q.               Did you pay something for this weapon to
25                    be issued to you?


                        REGINA LIMULA, OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                         157
  ALFRED MUSEMA                                   10 MAY 1999


 1   A.           No, I didn't pay anything.
 2   Q.           So once again, a weapon was issued to you
 3                and you didn't have to pay anything?    How
 4                do you explain that?
 5   A.           The contract doesn't-- the contract here
 6                does not in any way, and it is not a
 7                contract issued only to Musema Alfred
 8                alone, it is a contract valid to other
 9                people within the country, and this does
10                not state in any way that any amount
11                needed to be paid.     So I was beneficiary,
12                as a gift.
13   Q.           It was loaned to you or it was free of
14                charge?
15   A.           Yes, it was free of charge, Your Honour.
16   Q.           Last question, have you had any training
17                in the use of a Browning pistol.     Do you
18                know how to use a Browning pistol?
19   A.           No, I have not had any training.
20   Q.           So, the Minister of Defence issues you
21                with a pistol to a person without any
22                training?
23   A.           When I talk about any training, I mean,
24                training-- proper training, but at least
25                I know how to use it, but I have not had


                    REGINA LIMULA, OFFICIAL COURT REPORTER
                               ICTR - CHAMBER I
                                     158
  ALFRED MUSEMA                                     10 MAY 1999


 1                    any formal training. But I know how to
 2                    shoot.
 3   Q.               And you never had to use it, but did you
 4                    ever train yourself in using it?
 5   A.               No.
 6   MR. PRESIDENT:
 7                    Right.    A question from Judge Kama.
 8   JUDGE KAMA:
 9                    You had an easy access to the Minister,
10                    on this issue.   Is it possible for any
11                    Director who is threatened to have such
12                    easy access to the Minister of Defence
13                    and then have a weapon issued to him?
14                    Because in our respective countries we
15                    don't have that kind of easy access to
16                    the Minister of Defence.
17   A.               Well, once again, Your Honour, access to
18                    the Minister of Defence was an obligation
19                    which rose from the situation under which
20                    I was operating.   Even if I did not know
21                    him, I had to introduce myself to him on
22                    account of the situation in which I found
23                    myself.   Secondly, I had a special
24                    relationship with Minister Gasana.      We
25                    worked together at a project Zaire-Nil he


                        REGINA LIMULA, OFFICIAL COURT REPORTER
                                   ICTR - CHAMBER I
                                         159
  ALFRED MUSEMA                                 10 MAY 1999


 1                was a Director just as myself.     But that
 2                does not mean there was anything peculiar
 3                about me, because as you can see this is
 4                a standard contract which was used for
 5                other people who needed weapons to be
 6                issued to them.
 7   Q.           Thank you.
 8   MR. KAY:
 9                And the need for having this weapon in
10                October 1992 was caused by what?
11   A.           This was motivated by the insecurity
12                situation. I mentioned two attacks that I
13                escaped, and secondly, the general
14                atmosphere that prevailed in the region
15                where the security situation was not
16                improving, but rather deteriorating.
17   Q.           We have, in fact, seen in the documents
18                we have looked at, and I am referring now
19                to the report on page 8, a letter for the
20                report of 13th March 1994, page 8, and
21                the report itself on page 9, report of
22                security, night of the 9th to the 10th of
23                March when Mr. Twagirakayego issued a
24                report on something that had happened at
25                night.   This area where the factory was


                    REGINA LIMULA, OFFICIAL COURT REPORTER
                               ICTR - CHAMBER I
                                     160
     ALFRED MUSEMA                                  10 MAY 1999


 1                   located, was it in a calm and peaceful
 2                   area, or was it an area that was more
 3                   dangerous?
 4    A.             It is a relatively troubled and dangerous
 5                   area and what is more serious is that it
 6                   is located far from the security agents,
 7                   such as the gendermarie.   The Kibuye
 8                   gendermarie is 42 kilometers away and a
 9                   trip between Kibuye and the factory. You
10                   went down that road, Mr. Steven Kay. In
11                   normal time it will take you about one
12                   and half hours to two hours, and all
13                   other security agents are at Gikongoro,
14                   that is about 75 kilometers away, and any
15                   intervention will take about three hours.
16    Q.             Is it like a place where if something
17                   happens you pick a phone and dial 999 and
18                   generally-- generally, the police will
19                   come very quickly?   Is this the sort of
20                   situation we have in Gisovu or Kibuye
21                   where if something is happening-- there
22                   are robbers out there in Nyaongwe Forest,
23                   you dial 999 and people come along--
24                   gendarmes?
25    A.             Not at all. That was not the case. Even


                       REGINA LIMULA, OFFICIAL COURT REPORTER
                                  ICTR - CHAMBER I
                                        161
  ALFRED MUSEMA                                 10 MAY 1999


 1                private individuals, not to talk about
 2                state enterprises like the one I was
 3                working for, individuals insured their
 4                own security. Traders had their own
 5                watchmen, Plantations where they had put
 6                potato farms, when it was time to harvest
 7                they needed to have watchmen so as to
 8                avoid thefts, to prevent thefts. The
 9                systems of protection-- the protection
10                system which existed is an indication
11                that the zone was not a very calm area.
12                The area was not a very calm area.
13   Q.           We have seen a video of the area of the
14                tea factory.    We have seen forests,
15                plantations, the factory and the houses
16                where the senior employees lived,
17                including yourself. Was there a risk in
18                this remoteness-- that you were living
19                not in a town or a village, but you were
20                living in an area where houses were in a
21                plantation?
22   A.           That is correct.    Not only are the people
23                living in the factory limited to about
24                ten families.    Well, I am sorry if it is
25                one or minus or plus one, but the


                    REGINA LIMULA, OFFICIAL COURT REPORTER
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 1                      distance between us and local population
 2                      was about three, four kilometers and
 3                      surrounded by a tea plantation.   And even
 4                      these houses were not grouped houses,
 5                      they were separated, and this increases
 6                      the risks and we needed to find
 7                      solutions.
 8     Q.               If we turn now to page 12 of the Blue
 9                      file, French translation page 12A,
10                      English translation page 12B, and I
11                      produce here, the documents with their
12                      annexes as D.23.
13     MR. PRESIDENT:
14                      For the record, page 12 in the Blue file
15                      is now called Exhibit D.23.
16     MR. KAY:
17                      As well as page 13, and page 14, which
18                      are documents we have seen before.
19     MR. PRESIDENT:
20                      Are they all included in Exhibit D.23?
21     MR. KAY:
22                      Yes, they are all annexed to that letter,
23                      Your Honour. Here we have, at page 12,
24                      there is an error, 12 A--
25     MR. PRESIDENT:


                          REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                      10 MAY 1999


 1                    Just a second.    So, 12 to 14B is now
 2                    Exhibit D.23.
 3   MR. KAY:
 4                    Yes, if Your Honour looks in the first
 5                    line of the text of the letter, 27 should
 6                    be 24.
 7   MR. PRESIDENT:
 8                    In 12 A and 12 B?
 9   MR. KAY:
10                    Yes, there has been an error.
11   MR. PRESIDENT:
12                    24 French, 22 translation.
13   MR. KAY:
14                    Yes, Your Honour.
15   MR. PRESIDENT:
16                    And the next to this document, is the
17                    original agreement of the 24th of
18                    February 1992, at page 13, that was sent
19                    with it and also the direction at page
20                    14, which we have seen already as well
21                    before.   The management dated 24th
22                    February, 1994.
23   MR. PRESIDENT:
24                    Right.
25   MR. KAY:


                        REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                 10 MAY 1999


 1                   If we look at this letter, Mr. Musema, we
 2                   see it is a letter from you, is that
 3                   right, dated the 22nd March, 1994?
 4     A.            Yes, that is correct.
 5     Q.            We see within this letter, that it refers
 6                   to the agreement we considered, dated
 7                   22nd February 1992, regarding the lending
 8                   of firearms to the factory, and to the
 9                   report sent to you by the Sergeant of the
10                   commune following his inspection.    We
11                   have seen that dated the 22nd February
12                   1994.   And then it says; I have the
13                   honour to inform you that 8 rounds of the
14                   Re-enfilled rifles are out of service and
15                   should consequently be replaced. I am
16                   also kindly requesting you to increase
17                   the amount of ammunition if your stock
18                   permits, in order to have at least 100
19                   rounds per rifle; And this is a letter to
20                   the Burgomaster of the Commune.     Is that
21                   right, Mr. Musema?
22     A.            That is correct.
23     Q.            First of all, the letter refers to the
24                   lending of the firearms to the factory,
25                   and was that, as you understood it, the


                       REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                 10 MAY 1999


 1                agreement you had with the commune, the
 2                rifles were lent?
 3   A.           That is correct.
 4   Q.           Just following up some questions from the
 5                bench earlier, if you had your own
 6                rifles, would you have needed to borrow
 7                any from the commune?
 8   A.           This is obvious, if I had other arms
 9                available to me, I would not have put in
10                this request on the 22nd March, 1994.
11                That is obvious.
12   Q.           In this request for that date, you asked
13                for an increase of stock to 100 pounds--
14                100 rounds per rifle.   Why did you make
15                that request?
16   A.           This request was quite justified--
17                justified by the fact that not only a
18                while ago we mentioned the theft case
19                within the factory and we see an
20                increase, or deterioration of the
21                security situation, and as a director, as
22                a responsible director, on the 15th March
23                1994, one of the factories was the victim
24                of an attack, this was the Chora Arichoro
25                U-- Arichora-- where the director and his


                    REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                  10 MAY 1999


 1                wife, an accountant and an agronomist
 2                were attacked in broad day light. Not
 3                only-- besides the local situation, and
 4                also as part of the general concern for
 5                the factory, I needed to be concerned
 6                about security of the factory, such that
 7                a report was written indicating that the
 8                material we had available to us was not
 9                adequate, and this is why I wrote these
10                reports, in line with a contract to be
11                signed by the-- between us and the
12                commune. We did not know who could be the
13                next. There was already a threat on the
14                various factories.
15   Q.           Let us go through that again.    The
16                incident at the other Tea Factory, what
17                exactly happened, are you able to tell
18                the court?
19   A.           Well, what I can say is that I was not a
20                witness of the facts, a witness of what
21                happened. What I can say here is what was
22                told to me. Even if I personally went
23                there, but I arrived after the death of
24                the technicians.     It was in broad day
25                light at about 3 p.m in the afternoon.


                    REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                  10 MAY 1999


 1                At that time the director of OCIR-THE--
 2                OCIR-THE was the organisation of Tea
 3                Planters attached to a private factory of
 4                Ochura-The but this is association
 5                depended, or was under OCIR-THE. Just
 6                within the vicinity of OCIR-THE office,
 7                about 3 p.m in the afternoon, the
 8                director was a victim of an attack.    The
 9                soldiers said that they were not sure,
10                because it was not their duty, he was a
11                victim of an attack, rocket attack or
12                some other weapon.   In fact, none of the
13                persons in the car was spared.
14   Q.           Did you visit this factory after the
15                attack?
16   A.           I went, because this happened at a time
17                when I was returning from the North of
18                Rubaya, I was in Kigali, the following
19                day I came to the site and I saw, I am
20                sorry-- well, the scene was very
21                horrible, I saw the bodies--
22                unfortunately it was a horrible site.
23   Q.           Now, moving on, and just clearing out
24                some pages from our bundles so that we
25                can move on in due order, can we turn to


                    REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                   10 MAY 1999


 1                      page 10, where there is a letter dated
 2                      the 15th of March 1994, with an English
 3                      translation at 10A.
 4     MR. PRESIDENT:
 5                      I have it here before me.
 6     MR. KAY:
 7                      Which I produce as Exhibit 23.
 8     MR. PRESIDENT:
 9                      Exhibit D.23 is page 10 in the blue file?
10     MR. KAY:
11                      Yes.
12     MR. PRESIDENT:
13                      I am sorry, that is Exhibit 24.
14     MR. KAY:
15                      I am sorry.
16     MR. PRESIDENT:
17                      It should be Exhibit D.24, is now on
18                      record for identifying page 10.
19     MR. KAY:
20                      Thank you.
21     MR. PRESIDENT:
22                      Including page 10A.
23     MR. KAY:
24                      Earlier in these proceedings, we produced
25                      some pages from the annual report of the


                          REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                      10 MAY 1999


 1                      factory in 1993, which was produced by
 2                      you.   Do you remember that, Mr. Musema?
 3     A.               Yes, I remember that clearly.
 4     Q.               We had a list of names of personnel and
 5                      we had a cover sheet of the factory, and
 6                      there was some question over when the
 7                      report was written. Do you remember that?
 8     A.               I remember that very well.
 9     Q.               And we see here a letter that says you
10                      have the pleasure to send the annual
11                      report of the Gisovu Tea Factory for the
12                      1993 Financial year, detailing the output
13                      of the factory, and the estimate that you
14                      had and the increase it represented. Do
15                      you see that?
16     A.               Yes, I can see. Yes, Mr. Steven Kay, I
17                      have it before me.
18     Q.               And so the court can cross-reference it.
19                      That the report referred to was Defence
20                      Exhibit D.2.
21     MR. PRESIDENT:
22                      Refer Exhibit D.2.
23     MR. KAY:
24                      Is this the letter that sent that annual
25                      report to the director of OCIR-THE in


                          REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                     10 MAY 1999


 1                      Kigali?
 2     A.               That is right.
 3     Q.               The whole of this report is being served
 4                      for reference purposes on the Prosecution
 5                      and Your Honours.   As it runs to about 60
 6                      pages, I have not included it in here,
 7                      but I have supplied it because there
 8                      seemed to be interest in the document,
 9                      and if anyone wants to use it they may do
10                      so, but I didn't want to burden everyone
11                      with pages of statistics about tea.
12     MR. PRESIDENT:
13                      As you like it.   Thank you very much for
14                      your concern. May I put a small question
15                      concerning the letter when you have
16                      finished?
17     MR. KAY:
18                      I am finished on this matter, I am just
19                      clearing up.
20     MR. PRESIDENT:
21                      I have a minor question, Mr. Musema. In
22                      your letter you are talking of an
23                      increase of about 22 per cent, isn't it?
24     A.               Yes, Your Honour.
25     Q.               I would like to know whether this was a


                          REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                    10 MAY 1999


 1                      steady increase, that is an increase from
 2                      one year to another, or a statistical
 3                      increase which was based on your
 4                      estimate?
 5     A.               It is a factual increase.   In other
 6                      words, the production recorded went
 7                      beyond our estimates.
 8     MR. PRESIDENT:
 9                      I am not interested in estimates, what I
10                      want to know is-- this is 1993 isn't it?
11     A.               Yes.
12     Q.               Now, if we compare this to 1992, was
13                      there an increase?
14     A.               Yes, there was an increase, Your Honour.
15                      Yes, Your Honour, there was a clear
16                      increase from 1992 to 1993.
17     Q.               Without taking into consideration your
18                      estimates?
19     A.               No.
20     Q.               Thank you.
21     MR. KAY:
22                      And again, just clearing up before we
23                      move to a fresh subject matter, page 11
24                      of the file, letter dated 22nd March
25                      1994, signed by you, which I produce as


                          REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                   10 MAY 1999


 1                      Exhibit D.25.
 2     MR. PRESIDENT:
 3                      Sorry, I missed the page number.
 4     MR. KAY:
 5                      Page 11, Your Honour, the next page.
 6     MR. PRESIDENT:
 7                      Oh, I have it just here. Letter on page
 8                      11, this is Exhibit D.25?
 9     MR. KAY:
10                      Yes, Your Honour. English translation at
11                      page 11A. And this is a letter to Mr.
12                      Rwagapfizi Chief of the Plantation, and
13                      again appointing him as acting manager of
14                      the factory for the period between the
15                      22nd of March 1994, to the 29th March,
16                      1994.   Is that right?
17     A.               That is right.
18     Q.               And if we go to page 15, letter dated the
19                      1st of April to Mr. Rwagapfizi again,
20                      from you, in exactly the same terms,
21                      directing that he will be interim
22                      director between the 1st of April, and
23                      the 5th of April, 1994, which I produce
24                      as Exhibit D.26.
25     MR. PRESIDENT:


                          REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                 10 MAY 1999


 1                Page 15 is Exhibit D.26.
 2   MR. KAY:
 3                Yes. There is an English Translation at
 4                15A. We see that that letter takes us to
 5                29th April 1994. In the previous two
 6                weeks, Mr.Rwagapfizi had been appointed
 7                as interim director by you because you
 8                were on a mission.   Is that right?
 9   A.           That is right.
10   Q.           We have earlier seen letters from you
11                where you appointed Mr. Twagirakayego for
12                two occasions as interim director of the
13                factory because you were on mission, and
14                those letters were from Rubera.   Do you
15                remember that?
16   A.           That is right.
17   Q.           The two documents that we are looking at
18                now at page 11 and page 15, are they
19                documents that refer to the same mission?
20   A.           At that time, there were two requirements
21                that the director of Gisovu Tea factory
22                had to carry out.    On the one hand there
23                was the mission that he had to carry out
24                in the factory for the extension of the
25                plantations, the report of that mission


                    REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                 10 MAY 1999


 1                has not been completed, and the technical
 2                documents that were being drawn up in
 3                Kigali-- photographs and other documents
 4                had to supplement this report. Secondly,
 5                and moreover, this was done practically
 6                every month.   Towards the end of the
 7                month it was necessary to go to
 8                Headquarters in order to justify the
 9                monthly expenditure and therefore ask for
10                other funds to run the factory. The
11                running funds were given not on annual
12                basis but on a monthly basis and you had
13                to justify your expenditures, you had to
14                discuss this with the technical services
15                of OCIR-THE.   So the place of the
16                mission-- the venue of the mission was in
17                Kigali, and the two objects or goals of
18                the mission was the finalisation, the
19                completion of the report, the report on
20                the visits to the factory for the
21                extension of the factory, and secondly,
22                the technical negotiation with OCIR-THE
23                for running costs for the following
24                month.   This discussion for the running
25                costs took place at the beginning of the


                    REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                     10 MAY 1999


 1                    month of April because there was this
 2                    disturbance, there was this incident
 3                    which practically disturbed the normal
 4                    functioning of OCIR-THE. I talked about
 5                    the death of the director and his
 6                    colleagues. So, there is a kind of lapse
 7                    in the timing-- or a kind of gap in the
 8                    timing.
 9   MR. PRESIDENT:
10                    Mr. Musema, the question I am asking
11                    relates to page 15. This acting
12                    appointment, was it only for a few days?
13   A.               Yes.
14   Q.               Was it necessary to write a letter to
15                    this person?   Wouldn't it have been
16                    enough to telephone, for example? To tell
17                    him that you were on a mission, that you
18                    would be absent for a few more days, and
19                    that he should assume your
20                    responsibilities of management?
21   A.               Considering the commitments of a director
22                    of a factory, it was necessary to have an
23                    official instrument and that is why a
24                    letter was absolutely necessary.
25                    Authority could not be transmitted by


                        REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                     10 MAY 1999


 1                    telephone. We had had cases where this
 2                    was done in Robaya, and the situation had
 3                    to be regularised later on.
 4   MR. PRESIDENT:
 5                    When you say it was necessary, you
 6                    decided, you were the director, this was
 7                    a factory.   You only had to decide what
 8                    you wanted or something like that.    Or
 9                    was this a requirement-- something
10                    imposed on you by OCIR-THE or some other
11                    authority, may be the Ministry?
12   A.               There is no law as such.   There is no
13                    rule-- there is no established rule in
14                    that connection, but it is a practice
15                    that an authority, whenever he is absent
16                    from the factory for one reason or
17                    another, he would appoint the acting
18                    manager to carry on his duties.
19   MR. PRESIDENT:
20                    Yes, I have understood.    That was not my
21                    question. My question was to know why
22                    this should be done by letter.    Why it
23                    could not be done by telephone, for
24                    example?
25   A.               It would not be done orally because this


                        REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                10 MAY 1999


 1                   had to be put in the file of the person
 2                   to whom authority was delegated, and in
 3                   the event of any problem you had to bring
 4                   up the official document by which
 5                   authority was transferred to the person
 6                   who had served as acting manager.
 7     Q.            Was this not too much bureaucracy?
 8     A.            I agree with you, Your Honour.   It was
 9                   too much red tape, but that was what it
10                   was. That was the situation, that was how
11                   it had to be done.
12     Q.            Thank you.
13     MR. KAY:
14                   And when we considered the earlier letter
15                   that we looked at, at page 6, for
16                   instance, D.17, we see there that the
17                   authority was given to the Chief
18                   Accountant, Twagirakayego, And we see at
19                   page 15, exhibit D.26, that the authority
20                   was to the Chief of the Planation.   Was
21                   there any reason why there was a change
22                   in the appointment between these two
23                   individuals, why the authority moved from
24                   the Chief Accountant to the Chief of the
25                   Plantation?


                       REGINA LIMULA, OFFICIAL COURT REPORTER
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  ALFRED MUSEMA                                  10 MAY 1999


 1   A.            In practice it was the Chief of the
 2                 Plantation who served as acting manager
 3                 because he was competent, he was capable
 4                 of assuming those responsibilities. He
 5                 had never been reproached, he had always
 6                 acted wisely.   In fact he assumed
 7                 responsibilities properly. Secondly, in
 8                 the search or quest, or search for
 9                 someone else in the absence of the Chief
10                 of the Plantation, we made reference to
11                 seniority, who was the most senior member
12                 of staff in the team.   In this case the
13                 appointment of the Chief Accountant as
14                 Acting Manager the Estate Manager was
15                 absent, he was on leave, and it was the
16                 Chief Accountant who assumed the
17                 position of acting manager. Of course, we
18                 also had to assess the competence of the
19                 individual, and I think he amply met the
20                 requirement of competence. He deserved my
21                 full confidence.
22   JUDGE KAMA:
23                 I did not follow your answer.   Why did
24                 you change the person whom you assigned
25                 authority, or transferred authority?


                     REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                    10 MAY 1999


 1    A.             The change was made because the Tea
 2                   Estates Manager was absent. In normal
 3                   circumstances it was always the head of
 4                   the tea plantations who acted as acting
 5                   manager.
 6    MR. KAY:
 7                   And these two individuals, Rwagapfizi and
 8                   Twagirakayego, what were your personal
 9                   relationships with them.    Were they good
10                   or bad?
11    A.             If I begin with Mr. Rwagapfizi Alphonse,
12                   R-W-A-G-A-P-F-I-Z-I Alphonse, if I begin
13                   with this gentleman, he was someone who
14                   had very good relations with me from a
15                   professional point of view, and also from
16                   a family point of view, he is a friend.
17    Q.             What about Twagirakayego?     What about
18                   him?
19    A.             Twagirakayego, T-W-A-G-I-R-A-
20                   K-A-Y-E-G-O, Twagirakayego, is also
21                   someone with whom I had very good
22                   technical relations within the factory.
23                   I also enjoyed good family relations with
24                   him.   He is also a friend.
25    Q.             These letters take us to the 5th of


                       REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                  10 MAY 1999


 1                   April.   On the 6th of April, when the
 2                   President's place crashed in Kigali,
 3                   where were you?
 4     A.            On the 6th of April, I was in Kigali in
 5                   my private house at Remera in the evening
 6                   because during the day I was in the
 7                   office of the tea board in Kigali.
 8     Q.            Did you see the President's plane crash?
 9     A.            I saw it from afar.   As I told you, the
10                   house was opposite the airport, and we
11                   saw the plane.
12     Q.            Did you see it at the moment it crashed
13                   or did you see it after it had crashed?
14     A.            I saw the fire from the shots, and I
15                   heard the explosion. I did not see the
16                   plane when it crashed.
17     Q.            Who was with you at home when the crash
18                   happened?
19     A.            At that time we were in the garden with a
20                   neighbour, Sibomana Phillip,
21                   S-I-B-O-M-A-N-A- Phillip, and other
22                   people who had come to pay a visit.
23     Q.            What about members of your family, who
24                   was there?
25     A.            Clare and the children were inside the


                       REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                  10 MAY 1999


 1                   house.
 2     Q.            When you say the children?   Two or three
 3                   children? How many children?
 4     A.            Three children, because this was the
 5                   holiday period, Your Honour. So the other
 6                   child was-- had come home for holidays.
 7     Q.            At the time of the accident, did you know
 8                   that the President was on the plane?
 9     A.            No, certainly not. We did not even know
10                   that it was the President's plane.    All
11                   we saw was an explosion in the air.     We
12                   thought that it was a plane because it
13                   was in the air, may be we were mistaken,
14                   but we were not mistaken at all.     But we
15                   did not know that it was the President's
16                   plane. We had no sign, no sign to be able
17                   to identify the plane.
18     Q.            And what time of day was this?
19     A.            It was in the evening at about 830 p.m
20                   around 830 p.m.
21     Q.            When did you know that the President was
22                   on board that plane?
23     A.            We knew it the following day at about
24                   5.30 through the national radio and the
25                   RTLM radio.


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     ALFRED MUSEMA                                    10 MAY 1999


 1    Q.             What happened in your area after that,
 2                   were there any movements of troops or
 3                   militia?
 4    A.             In the course of that night, we did not
 5                   move.   My family-- Claire and the
 6                   children, we did not move, we stayed
 7                   inside the house. Therefore, what we
 8                   heard were noises from outside. We heard
 9                   convoys of vehicles moving towards the
10                   airport, we heard shots around the
11                   airport area. During that night we did
12                   not see around, we did not notice around
13                   our house the presence of militia or
14                   shots from the close range within our
15                   house. But already we had been stricken
16                   by fear because this event was
17                   unexpected.   We did not know what it was
18                   all about.    My neighbour had a telephone,
19                   I did not have a telephone at home. My
20                   neighbour tried to telephone to various
21                   places to know what it was all about, he
22                   did not obtain any answer. Already
23                   foreign radios had started broadcasting
24                   that something must have happened in
25                   Kigali. Therefore, in any case, there was


                       REGINA LIMULA, OFFICIAL COURT REPORTER
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     ALFRED MUSEMA                                 10 MAY 1999


 1                   fear, we were taken by fear already that
 2                   night.
 3     Q.            For how long did you remain in Kigali,
 4                   did there come a time when you moved from
 5                   Kigali, and if so, when?
 6     A.            I stayed in hell-- I am mean in the hell
 7                   of Kigali, because the life was not at
 8                   all a bed of roses.   I stayed in Kigali
 9                   from the 6th to the 12th and that is when
10                   I was able to go out, fortunately, with
11                   my wife and the children I was able to go
12                   out of town.
13     Q.            In this period, in Kigali, did you
14                   contact the Tea Factory at Gisovu?
15     A.            From the 7th of April, when it was known
16                   that it was the President who had been
17                   assassinated, panic seized practically
18                   everyone.   I, personally, as an official
19                   of Gisovu Tea Factory, I was worried. I
20                   was worried not only about my family in
21                   Remera, the family in Byumba, but I was
22                   also worried about the factory.   I tried
23                   to telephone the factory to know what the
24                   atmosphere was.   But I never had any
25                   possibility of having any telephone


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                                  ICTR - CHAMBER I
                                        184
     ALFRED MUSEMA                                   10 MAY 1999


 1                   contact with the Tea Factory.   I
 2                   telephoned from my neighbour's house, I
 3                   climbed-- I scaled the war, there was a
 4                   brick war between the two houses, I
 5                   scaled the war and I went to telephone,
 6                   but I was not able to establish the
 7                   telephone link with the factory.
 8     Q.            There came a time when you did get to the
 9                   factory at Gisovu. Had you contacted the
10                   factory by telephone at any stage before
11                   you arrived there after the President's
12                   plane crash?
13     A.            When I came out of Kigali on the 13th in
14                   the morning, on the road, The
15                   Gitarama/Butare road, Gitarama,
16                   G-I-T-A-R-A-M-A, Butare, B-U-T-A-R-E.
17                   So, on this road, when I was seeking
18                   refuge at the home of my parents in law,
19                   I stopped at a telephone booth in a small
20                   town known as Nyanza, N-Y-A-N-Z-A, and I
21                   was able to telephone the tea factory
22                   from there. I was able to telephone the
23                   Gisovu Tea Factory from that booth.
24     Q.            What date was that, if you are able to
25                   tell us?


                       REGINA LIMULA, OFFICIAL COURT REPORTER
                                  ICTR - CHAMBER I
                                        185
     ALFRED MUSEMA                                    10 MAY 1999


 1    A.             It was the 13th-- 13th of April.
 2    Q.             While still in Kigali during the 6th to
 3                   the 12th of April, did you telephone the
 4                   Prefect of Kibuye, Dr. Clement
 5                   Kayishema?
 6    A.             Yes, I telephoned the Prefect Kayishema,
 7                   but he was not the one who answered me
 8                   over the telephone, it was the wife who
 9                   talked on the phone and I sent a message
10                   through the wife to the husband, telling
11                   him that I was not at all present at the
12                   Tea Factory, and that it was necessary,
13                   if need be, it was necessary to make sure
14                   that security at the factory was
15                   maintained.   The security and safety of
16                   good-- of property and persons.
17    Q.             Can you say on what day that was, during
18                   your time in Kigali?
19    A.             It is still the 7th, because from the
20                   8th, telephones in the neighbourhood of
21                   Remera would be disconnected. So the date
22                   is the 7th. The 7th towards the evening.
23                   And the situation in Kigali at that time
24                   was most critical.
25    Q.             Was it the situation that was occurring


                       REGINA LIMULA, OFFICIAL COURT REPORTER
                                  ICTR - CHAMBER I
                                        186
     ALFRED MUSEMA                                     10 MAY 1999


 1                      in Kigali that made you fearful about the
 2                      safety and security of the factory in
 3                      Gisovu?
 4     A.               That was not all.    I must say that when
 5                      in 1990, for example, there was an RPF
 6                      attack, we were on a supervision
 7                      mission-- a mission to supervise
 8                      factories.    At that time we were called
 9                      back in order to go back to our duty
10                      stations.    In this case where war had
11                      already resumed, where there was already
12                      a disastrous situation in Kigali, I think
13                      I had to be worried about what could
14                      happen to the Tea factory, and I had no
15                      other possibility but contacting the
16                      Prefect.
17     Q.               That is all I ask at this stage and it is
18                      a convenient moment to break, Your
19                      Honour.    It is past half past five.
20     MR. PRESIDENT:
21                      Thank you very much Counsel.    So we will
22                      have the break as from now on. And we
23                      meet here again and the session is
24                      adjourned until 9.30 tomorrow morning in
25                      the same courtroom.


                          REGINA LIMULA, OFFICIAL COURT REPORTER
                                     ICTR - CHAMBER I
                                           187

								
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