At around 10 am on Friday, April 24, a foreign national appeared in a room at Kicukiro Police Station in Kigali to stand trial through videoconferencing.

He was accompanied by his lawyer and interpreter.

All were wearing facemasks, a requirement introduced by the Government as part of the measures to contain the spread of coronavirus.

The room was equipped with cameras that linked the accused, through video, with the judges and prosecutors who were miles away at the Nyamirambo-based intermediate court in Nyarugenge District.

The 44-year-old foreign national is charged with smoking aboard an airline on March 17, 2020—the same day he was arrested. 

The accused reportedly boarded the flight in South Africa, transiting via Rwanda with Tanzania as his final destination. 

Prosecution argued that smoking aboard an airline is not allowed, saying that by defying the regulation the accused put the lives of other passengers and the crew at risk.

The accused reportedly appealed for pardon, prosecution said.  It added that the accused was found with tobacco and a matchbox, which is evidence. 

In his submission, the accused said that he was caught immediately after lighting the matchbox in a plane toilet.

The accused said that it was his first time to travel by air and was unaware of the aviation anti-smoking rules.

In addition, the guidelines in the airline he travelled with were issued in French, Kinyarwanda and English, which he claimed he did not understand.

Through the trial, he spoke Swahili.

When the judge asked him the level of his formal education, the accused, through his translator, said that he was a primary seven graduate.

The judge asked why, if he did not understand the aircraft rules, he chose to smoke in secret in the plane toilet.

He replied that he was sitting near other people, especially children and he did not want to smoke in their presence. 

His lawyer, Leonard Sebucensha, said that his client is addicted to smoking. 

Prosecution seeks five-year jail term

Prosecution demanded court to hand a five-year sentence to the accused, in addition to a fine of Rwf5 million.

The respondent’s lawyer argued that his client did not intend to cause harm, asking court to base on mitigating circumstances and release him upon payment of the fine.

The presiding judge, Adolphe Udahemuka, who is the President of the Nyarugenge Intermediate Court set May 4, 2020, as the date to pronounce the judgment. 

A minor released on bail

Meanwhile, in a separate case, which was tried through the same technology, a 17-year-old charged with theft was released on bail.

The resident of Kicukiro District had also been detained at Kicukiro Police Station.

"During a crisis like this [COVID-19], troubling situations, children should be given a lot of attention, granting them their rights,” said the presiding judge, Adolphe Udahemuka.

The judge decided to temporarily release him so that he does not continue to be detained along with adults.

Justice for citizens and foreigners 

The foreigner’s lawyer, Sebucensha said that Rwanda’s move to deploy technology during the lockdown is commendable.

"What the government did is very impressive…the government of Rwanda is working so that people get protected from the pandemic, but also get access to justice,” he said. 

Udahemuka said during problems like COVID-19 only citizens of a country are catered for in terms of justice delivery, but, "we [Rwanda] realised that in whatever means we have, we should ensure expedited justice for both citizens and foreigners.” 

Meanwhile, Udahemuka said that on the same day, the Nyarugenge Intermediate Court delivered verdicts on 29 cases – of which 25 were pronounced through Skype and four through videoconferencing. 

On Thursday, April 9, the judiciary launched a system to hold hearings through videoconferencing for urgent cases on criminal matters.

And, on April 20, 2020, the judiciary started the pronouncement of judgments in criminal cases through Skype.