SOUTHERN PROVINCE

MUHANGA — Dr. Théoneste Niyitegeka, a former presidential contender in 2003, on Tuesday appeared before Gacaca appeal court of Gihuma, on charges of genocide, months after being acquitted of similar charges.

Court had acquitted Niyitegeka, a surgeon at Kabgayi hospital during the 1994 Genocide, of genocide charges on October 30, 2007, on grounds of insufficient evidence.

He had been accused of collaborating with the former government soldiers and Interahamwe militias in killing an unknown numbers of people who had sought refugee at the hospital.

Théogene Rusanganwa, a witness in the earlier trial alleged that his brother, Protais Rutayisire, was among the many victims handed over to the killers who were in the company of Niyitegeka, the claims court dismissed.

However, the complainants filed an appeal contesting the verdict on grounds that court didn’t consider the evidence of the nurses who were co-workers of Niyitegeka in the surgery ward (No.3) - where most of the injured genocide victims had been hospitalized.

"The testimony of former nurses shows that Niyitegeka orchestrated the handing over of several patients to the killers. And for justice to prevail, hearing of this case should be stayed until evidence on the massacres in Kabgayi is collected,” Rusanganwa prayed.

However, court objected saying the trial would continue without waiting for information into the killings at Kabgayi which are said to be concealed.

During the trial, some ward No. 3 nurses then, alleged that Niyitegeka was in contact with the killers and discharged patients before fully recovering while others were handed over to soldiers and killed at Kabgayi and Ngororero.

"Niyitegeka was in contact with the soldiers at the roadblock near the hospital, he discharged patients before they fully recovered and they were killed on their way. I personally confronted Niyitegeka, on this issue and didn’t get a pleasant answer,” Epiphania Mukakarangwa alleged.

Epiphania Uwihoreye, another witness said: "The patients were whisked by soldiers stationed at Shogwe camp… and they demanded release of patients, forced them into trucks and later on killed them on the way.”

Other medical staff who also gave testimony said that the killings in Kabgayi targeted ward No. 3- where Tutsi patients were reportedly admitted and soldiers kept a ‘close eye’ on the list of patients who had survived the genocide massacres. The soldiers allegedly took them on different intervals.

They added that the massacres in the hospital begun after the genocide victims across the country were transferred to Kabgayi between April and May 1994.

Apparently, other Genocide survivors at the hospital then, tell conflicting testimony exonerating Niyitegeka from the crimes. They say Niyitegeka was helpful and treated them "whole heartedly.”  The court set February 5 for reading of the verdict.

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