Prosecution is accusing Genocide suspect Bernard Munyagishari’s lawyers of attempting to buy more time following what it calls latest maneuvers in a case that has yet to enter substantive phase.

Munyagishari was transferred to Rwanda in 2013 by the International Criminal Tribunal for Rwanda.

In a previous hearing, the Supreme Court ruled that defence lawyers, namely John Hakizimana and Jean Baptiste Niyibizi were no longer recognised as legal representatives after failing to appear in courts twice.

The lawyers had earlier indicated that, due to budget constraints, their legal services to the suspect were not possible, calling on the government, which takes charge of legal representation for transferred suspects, to increase the lawyers’ fees and change the mode of payments.

At least Rwf15 million was earmarked as lawyers’ remunerations for the entire trial, an amount the two lawyers declined to accept saying it is too small for a case that can take nearly 5 years. They demanded Rwf1.5 million each per month.

This year alone has seen four sittings by both the High and Supreme Court on Munyagishari’s case with the Supreme Court’s ruling that Munyagishari’s lawyers walked out in protest leaving the case pending.

However, Munyagishari yesterday appealed the court’s decision saying the two lawyers were legitimate and needed rightful consideration, despite the fact that the government, through the Bar Association, had already designated two more other lawyers to replace the former.

Explaining the appeal, John Hakizimana, the accused lawyer, said that it was a mistake to appoint other lawyers on a decision that could be appealed.

"Munyagishari’s appeal involved a number of issues, including his right to have minutes of the court sessions translated to French, for a case that is being tried in French. He equally appealed the court’s decision to have other lawyers,” said Hakizimana.

On the other hand, the lawyer said that despite his appearance in court, he had not yet agreed with Government on his remunerations.

His legal service, according to presiding judge in court, Fidelite Kanyange, would be acceptable if it was a pro-bono service and or when demanded by the suspect himself under his own terms.

"We are here to find out whether John Hakizimana is qualified to represent Munyegishari in this case, following the court’s verdict (of November 2015) and after a letter to the Ministry of Justice claiming difficulties in handling the case due to budget constraints.

"We equally want to find out under what terms Munyegishari is represented by Hakizimana shortly after the suspect claimed he did not have a chance to talk to his lawyers,” said Judge Kanyange.

The case was adjourned to January 15 to allow judges’ to decide on whether the suspect request can be granted before the case can be tried in substance.

The Prosecution insists this is a delaying tactic.

According to Bonaventure Ruberwa, a prosecutor in the case, the two defence lawyers should not be arguing the case since the Bar Association had appointed Jeanne d’Arc Umutesi and Bruce Bikotwa as the new legal representatives of Bernard Munyegishari.

"John Hakizimana cannot be in court representing Munyegishari, moreover saying that he was designated by the Bar Association, he needs to provide proof, otherwise the Bar has appointed others who agreed terms of reference with the Ministry of Justice,” he said.

This was however rejected by Hakizimana, who said that the Bar Association rushed to appoint new lawyers, since the court’s decision was appealable.

Munyagishali is accused of planning and organising genocide, conspiracy to commit genocide, rape and murder as a crime against humanity.

Born in Musanze District, the 55-year former secretary general of the then ruling party, National Republican Movement for Democracy and Development (MRND), was arrested in May 2011 in DR Congo, following an arrest warrant from the ICTR.

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