By Expression Today
March 2010
The dismissal of the appeals means the two editors of the tabloid critical of government could go to jail at some point in the next two years. This further complicates the re-registration of their media house required by the new media law now in force. For registration of a media house or obtaining a journalist’s practicing card in Rwanda one get a judicial document from the prosecution’s office showing that one has never been imprisoned for not more than six months
In 2008, a lower court handed down a one-year suspended sentence over two years to 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.
A Rwandan billionaire based in South Africa, Mr. Rujugiro had dragged the journalists to court over an article he claimed defamed him and undermined his personality thereby affecting his business standing. The article alleged that Mr. Rujugiro was being sought by SA authorities over 58 charges including fraud and tax evasion.
Coincidentally, a few weeks after conviction of the two editors, Mr. Rujugiro was arrested in London on request by 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 totaling to $37.8m. The tycoon was also suspended from doing business in South Africa for five years.
Ruling on the appeals brought by the two sides, the Nyarugenge Court of Higher Instance said the sentences against the UMUSESO journalists stood 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 later returned – 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.
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 the South African government, 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 Frw100million (nearly $180,000) in damages, 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.
Related Materials:
Rwanda: Appeals court dismisses UMUSESO-Rujugiro suit
Journalists Fear Oppression and Crackdowns by Rwandan Government
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