Posts tagged as: adeline

Rwigaras Case – Court Refuses Split of Case

By Elisee Mpirwa

The Nyarugenge Intermediate Court on Friday denied the request by prosecution to separate the hearing of three Rwigara family members who face charges related to inciting insurrection.

For the fourth time, the court had to adjourn the pre-trial hearing of Anne Rwigara, and Diane Rwigara and their mother Adeline Rwigara to Monday, after Gatera Gashabana (representing the mother) claimed he had not had time to look into the file.

In court, prosecution had requested the judges to separate Adeline Rwigara’s case from her daughters, arguing that since the lawyer representing the two younger Rwigaras had said he was ready, the trial should be split and proceedings begin for parties that are ready.

However, court decided not to separate the trial saying that there are common charges against the three defendants, which may complicate the process if they are tried separately.

Prosecution had also requested the court not to postpone the case again, arguing that defendants had been given enough time to prepare themselves for the pre-trial hearing.

The three face charges related to inciting insurrection.

Diane Rwigara faces additional forgery-related charges, which were discovered by the National Electoral Commission during the evaluation of nominations for the recently concluded presidential election.

The mother, Adeline Rwigara, also faces another separate charge of divisionism and discrimination.

They first appeared before court last week on Friday.

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Kigali Court Suspends Rwigaras Pre-Trial Again

By Edmund Kagire

The pre-trial hearing in which Diane Shima Rwigara, her mother Adeline and sister Anne are accused of inciting insurrection failed to take off again on Wednesday.

The court in Kigali suspended the case after Mrs Rwigara asked for a new lawyer saying due to the magnitude of charges against her, she wanted another advocate to represent her while the family lawyer, Celestin Buhuru, represents her daughters.

The widow of the late Kigali tycoon Assinapol Rwigara said she would like lawyer Gatera Gashabana to represent her. In additional to charges for inciting insurrection, she is also accused of discrimination and sectarian practices.

Her daughter Diane, a prominent government critic who was barred from contesting the presidency in the August 4 election, told the court on Wednesday that she had not been allowed enough time with the lawyer to prepare her defence in the case.

The 35-year-old, who is also charged with forging signatures during her presidential campaign, said she had been denied access to all evidence in the case.

“From the time we were arrested to today, I have not been given full access to my [case] file. I have only seen it here in court,” she said.

She added that she needed more time with her lawyer who she had “only been able to see a few times”.

The prosecution stated it would not grant full access to the files to the suspects as doing so might jeopardise the case. The prosecution insisted that all they needed to know had been made available.

Mrs Rwigara also asked the court to direct the police to release money the family alleges was confiscated when their house was raided by the authorities last month to enable them pay their lawyers.

After about an hour of recess, the judges returned to court and granted the Rwigaras two days to prepare their defence, warning that it would the last time the court adjourned the hearing.

“As enshrined in the Constitution of the Republic of Rwanda, a suspect has a right to defence and legal representation, which is why the request for Adeline [Mrs Rwigara] is granted,” the court ruled.

The judges said the issue of money raised by Mrs Rwigara could only be addressed when the case goes to trial.

Scores of people, including relatives, diplomats, supporters of Ms Rwigara and journalists jammed the court room while other followed proceedings from outside on loud speakers.

Rights groups, which accuse President Paul Kagame of ruling Rwanda through fear, say the trial is politically motivated aimed at silencing Diane.

The three Rwigara women were first presented in court last Friday. The pre-trial hearing was then adjourned to Monday, then to today (Wednesday).

The pre-trial has been adjourned to Friday, October 13.

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Rwandan Rwigara Family in Court for Pretrial Hearing

Diane Shima Rwigara, a critic of Rwandan President Paul Kagame, was taken to court Friday for a pre-trial hearing.

The 35-year-old is charged with forging signatures during her presidential campaign. She was disqualified from contesting in the August 4 election won by President Kagame with 98 per cent of the vote.

Ms Rwigara appeared in court alongside her mother Adeline and sister Anne. The three are charged with inciting insurrection. Adeline Rwigara is also charged with discrimination and sectarian practices.

The trio has been in detention for two weeks.

Rwanda police first raided their house in the capital Kigali in August on allegations of tax evasion relating to the family-owned tobacco company.

The family of the late businessman Assinapol Rwigara has been involved in run-ins with the police since.

They are however not facing the tax evasion charges.

In an interview with The EastAfrican, shortly before her arrest,Ms Rwigara denied all the charges claiming that her family was being “persecuted for criticising the government”.

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Rwigara Family Faces Charges of Inciting Insurrection

By Athan Tashobya

Prosecution has filed a petition to court seeking a 30-day remand for Diane Rwigara, Anne Rwigara and their mother Adeline Rwigara, according to the body’s spokesperson, Faustin Nkusi.

Speaking to The New Times today, Nkusi said that the suspects are likely to be produced before court in the next 72 hours and will be charged with public incitement among other charges.

“The three share a charge of inciting insurrection or trouble amongst the population but we have a separate charge for Diane Rwigara which is use of counterfeited documents,” Nkusi said.

Adeline Rwigara also faces another separate charge of use discrimination and sectarian practices.

“These are the charges we have decided to prefer against them and we shall present the merits in court. Both parties will be informed the date of court hearing,” Nkusi added.

Initially, Police was investigating the family members for another charge of tax evasion but Nkusi said that this was not filed to them by police so they will not be preferring such against the accused.

The Penal code provides a possible punishment of 10 to 15 year sentence in prison for a suspect convicted of inciting insurrection, while for the use of counterfeited papers, a suspect is liable to spending 5 to 7 years in prison plus a financial fine of Rwf300,000 to Rwf3 million.

As for the charges of using discrimination and sectarianism practices, a suspect is likely to spend between 5 to 7 years in jail plus a financial fine of Rwf100,000 to Rwf1 million.

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