High level terror suspect Paul Rusesabagina aged, 66, does not need free services of a pro bono lawyer and has opted for a paid lawyer that will take on the court battle.
The Rwanda Prosecution said on Friday, 'It is the right of the accused to have legal counsel so we have no objection to his request.'
It is not yet clearly known why Rusesabagina may have turned down free representation in favour of paid-for legal services. However, on Friday while appearing before court via video conferencing, his lawyers David Rugaza and Emerine Nyembo were not with him.
Rusesabagina facing 12 charges including 'terrorism' submitted to court during the session that he preferred the hearing be postponed to another day next week when Gatera Gashabana his new and paid-for lawyer would be available.
'After hearing both sides, we resolve that the hearing is postponed to next week on November, 10 at 9:00 a.m. at Nyarugenge Intermediate Court,' the Judge ruled on Friday.
In September, Taarifa held an exclusive conversation with David Rugaza that had been presented as a lead defence lawyer in Rusesabagina's case. Questioned on some assertions that this is a politically prompted case, he said; 'I don't know. For me, I'm defending criminal matters. For the political issue, I'm not a politician to know what is political or not…. [laughs]. My expertise is in legal matters.'
For now, David Rugaza and Emerine Nyembo have been recalled by the Rwanda Bar Association.
According to Julien Kavaruganda, the President of Rwanda Bar Association, their BAR lawyers are appointed to represent clients who cannot afford a lawyer or need assistance.
She said that since suspect Rusesabagina is capable of paying a lawyer, 'he can choose among the other BAR lawyers we offered or anyone else,' she added,' the ones [David Rugaza and Emerine Nyembo ] we had offered him were no longer useful in this case.'
Meanwhile, it should be recalled that days after Rusesabagina arrived in Rwanda and shown to the press, his foundation and family named a list of lawyers they said were their choice to handle the court battle. They include; Belgian lawyer Vincent Lurquin, American lawyer Peter Robinson, Rwandan criminal lawyer Gatera Gashabana. Others on this list include; Kate Gibson from Australia, Brian Tronic from the USA, and Canadian Philippe Larochelle also Jared Genser from US.
According to Aimable Havugiyaremye the Prosecutor General, 'Paul Rusesabagina is charged with various criminal offences, including terrorism, financing terrorism, recruiting child soldiers, kidnapping, arson, and forming terror groups. This is in connection with his leadership role in the armed group known as MRCD/FLN.'
Criminal law experts argue that Rusesabagina's sudden change from free lawyers to a paid-for lawyer could be linked to preparations for a situation of a merged case. The cases of Rusesabagina and Nsabimana Callixte 'Sankara' are being mulled for a merger.
Before Sankara's arrest and prosecution, he always took to international and social media to claim responsibility of attacks conducted by his National Liberation Front (FLN) rebel group in Rwanda's Nyungwe forest.
Rusesabagina is the supreme leader of the opposition MRCD group which is said to have an armed wing, the FLN.
According to prosecution there are 16 FLN fighters in custody that will soon be very instrumental in the merged case of Rusesabagina and Sankara. Prosecution said it intends to submit a joint indictment of these 16 defendants, together with Rusesabagina.
'We believe that all 19 defendants should be tried together. This is a common practice, known as the principle of connectivity of offenses, which is provided for in our laws,' the Prosecutor General said previously.
Source : https://taarifa.rw/rusesabagina-drops-free-lawyers-opts-for-paid-lawyer/
