KIGALI,
Rwanda
The former Prime Minister Dr. Pierre
Habumuremyi was arraigned in Gasabo Primary Court on Thursday where he was
charged with breach of trust and issuing several bounced cheques, among other
charges.Ex- PM Pierre Damien Habumuremyi (middle) and his two lawyers
Habumuremyi, who was clad in a grey suit, white
shirt and brown shoes, arrived at the court in the morning, aboard a Rwanda
Investigation Bureau (RIB) inmates van.
When the hearing opened, he requested court to
conduct the trial in-camera as he was not comfortable responding to charges in
the presence of many people.
Through
his lawyers Ernest Bayisabe and Jean Pierre Kayitare, Habumuremyi argued that
he has hypertension, which makes it difficult to defend himself before court in
attendance of the public but the argument was dismissed by the judges.
Court
said unless there were unusual circumstances stipulated in the law, all cases
are heard in the open, unless the trial has implications on the security of the
country.
The Judge
also ruled that the law allowed journalists to cover the case, including
capturing video and recordings once they apply for a permit, which is why the
case should continue to be heard in public.
Prosecutors
contend that Habumuremyi issued cheques worth over Rwf170 million, some under
his name and others in the names of Christian University of Rwanda, which
bounced.
The
prosecution alleges that Dr Habumuremyi issued a tender worth Rwf20.5m for the
purchase of 20 computers for the university, but the supplier was first
required to deposit Rwf10m as security -an amount which would be refunded upon
supplying the equipment.
The
supplier, Jean Bosco Ngabonziza received back only Rwf5m and he was given
unguaranteed cheques for the remaining amount
Habumuremyi
did not deny issuing the cheques but he said that he gave them as collateral
that the money would be paid but not necessarily that there was money on the
accounts. He said this was done to allow the university to continue operations.
The
remaining amount of Rwf22.5m for the entire tender was supposed to be paid in 3
installments but it was not paid. Dr Habumuremyi said that they had written to
Ngabonziza asking him to renew his contract due to the New Coronavirus
epidemic, which hampered the operations of the university.
His
lawyers argued that technically he hadn’t defaulted since the cheques were due
for July 15, 2020.
Regarding
another case of another cheque issued to Edmond Kazungu, court had that
Habumuremyi was in the process of clearing the money he was owed, with Rwf10m
already paid while Rwf18m was still pending.
The Judge
asked Dr Habumuremyi why he had signed all the cheques well knowing that there
was no money on his account or university account but he said that the cheques
were simply a guarantee to the entrepreneurs, without them being cashed
immediately.
It was
heard that the university was struggling to clear its dues and Dr Habumuremyi
many times stepped in to make commitments with cheques but never honoured them.
He argued
that the entrepreneurs chose to deposit the cheques to punish him as he looked
for a solution, citing Ngabonziza as one of those individuals.
He denied
breach of trust, arguing that there are contracts binding him or the university
and the entrepreneurs and that he would meet his obligations if released.
The
Prosecution however said that there are many other people who the Christian
University of Rwanda and Dr Habumuremyi owed money which he defaulted on
paying, including Charles Nkurunziza who he owes Rwf38 million and the
aforementioned individuals.
Habumuremyi
argued that he has a heart condition and a vision problem, which puts his
health in peril if he is jailed and that the court should grant him bail. He
also said that he made some of the confessions Prosecutors are using under
duress.
He also
said that he is a renowned and trusted individual who has served the country in
different capacities and would not evade justice if released but Prosecutors
said he is a flight risk.
The
Prosecution revealed that Habumuremyi owns 60% shares of Christian University
of Rwanda, while his son has 30% and the Vice Chancellor 10%. As the major
shareholder, he was responsible for issuing cheques.
Prosecutors
said that releasing him would not only jeopardize the recovery process, but it
does not also guarantee that he would meet his obligations or pay his
creditors.
Christian
University of Rwanda was closed at the beginning of this month by the Ministry
of Education for failing to fulfil requirements.
The decision on bail will be delivered on July 21.
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