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Rwanda: Appeals court dismisses UMUSESO-Rujugiro suit

By Rwanda News Agency
Thursday, 11 March 2010

Kigali: The appeals court has thrown out concurrent appeals by millionaire tycoon Tribert Rujugiro and editors of a local tabloid UMUSESO over a defamation suit – meaning the journalists could go jail at some point in the next two years, RNA reports.

In 2008, a lower court handed down a one-year suspended sentence over two years to exiled UMUSESO publisher Mr. Charles Kabonero and his editor Mr. Didas Gasana. They were also ordered to pay a million francs as damages to Mr. Rujugiro.

The Rwandan billionaire based in South Africa, Mr. Rujugiro had dragged them to court over an article he claims defamed him and undermined his personality – thereby affecting his business standing. The article alleged that Mr. Rujugiro was being sought by S.A authorities over 58 charges including fraud and tax evasion.

Coincidentally, a few weeks later, Mr. Rujugiro was arrested in London on request from South Africa. He would spend the next year under judicial surveillance in his London home as he battled the cases which were settled amicably later last year after he agreed to pay the due taxes.

Ruling on the appeals brought by the two sides on Wednesday, the Nyarugenge court of higher instance said the sentences against the UMUSESO journalists stand as per the verdict of 2008, and also dismissed Rujugiro’s appeal.

In the appeal filed by the two controversial journalists, they argued that the case was marred with irregularities. At some point in the drama filled proceedings, the prosecution withdrew from the case but would later return – even though the case had continued.

The accused journalists also told the appeals court that they were not given time to defend themselves in the lower court. The appeals presiding Judge Harrison Mutabazi instead also accused them of having wasted the court’s time by consistently praying for hearing extensions.

The lower court also refused to hear their evidence backing the damning story and rubbishing Mr. Rujugiro’s claims that their article was baseless and unfounded, according to the journalists.

The journalists also told the appeals judge that at no point during the lengthy case did Mr. Rujugiro appear in court in person, which according to them rendered his case worthless.

However, despite the pleas, presiding judge Mutabazi said all the grounds presented did not hold any substance and upheld the sentence.

As for the tycoon – who has not returned to Rwanda since he agreed to pay his tax dues to South Africa, the presiding judge threw out his appeals grounds. Mr. Rujugiro’s lawyers had refused to accept the earlier verdict saying it was too lenient.

Prosecution had demanded for longer jail sentences and up to Rwf 100million in damaged, in addition to suspending the tabloid from the streets for sometime.

According to Rwandan law, as concerns this case, the journalists have exhausted all the legal avenues and have to serve their one-year suspended sentences and pay a million francs to Mr. Rujugiro as damages.

The appeals decisions means the journalists will stay out of prison for the next two years but have to watch their back such that no new jail term is slammed on them for any other crime. Should they be sentenced on anything else, they will automatically go behind bars, according to legal experts.

Meanwhile, the UMUSESO publisher Mr. Kabonero and his editor Mr. Gasana, along with a reporter are again in the same appeals court over another defamation and slander case.

Minister for Cabinet Affairs Mr. Protais Musoni and Kigali city mayor Dr. Aissa Kirabo Kacyira launched the suit claiming they were defamed by the troubled tabloid when it alleged that they were involved in an extramarital affair.

A lower court already sentenced them to suspended terms and damages. They have appealed.

posted by Mamadou Kouyate @ 7:29 AM