The Prosecution has up to four days to produce jailed tycoon Barry Ndengeyingoma a.k.a Ndengeye in court.

The businessman’s file was handed over to the prosecution on Monday, meaning that the seven days within which a suspect is legally supposed to be produced before court have already reduced by three days.

The tycoon can decide to apply for provisional release once he has appeared before a court of law.

Currently, all courts are on a one-month recess but this may not block Ndengeye from applying for provisional release.

John Bosco Mutangana, the Spokesman for Prosecution said on Tuesday: "At every court, there is a judge on duty who handles procedural matters which include detention....we shall not have to wait for judges to come back from recess,” he added.

He however said that the substance of the case cannot be handled by such a judge, saying that that will be handled next month when judiciary resumes work.

The substance in Ndengeye’s case is a request for extradition that was made by Belgium claiming that the businessman is accused of money laundering back in the European country.

Ndengeye, most known for his expensive cars including a Hummer and limousine, was arrested last Thursday in response to an Interpol red notice to Rwanda Police.

Procedurally, extradition is heard by the High Court but the final approval must come from the Minister of Justice.

It is the third time Belgium has requested the Rwandan government to extradite a suspect following last year’s application to extradite another entertainment guru who was the owner of La Planete night club at KBC.

The other is Father Guy Theunis, a Belgian priest, who is suspected of having participated in the Genocide.

The Planete club proprietor knows only as Didier is also a Belgian national and was accused of drug trafficking. Both men were extradited to Belgium.

They were extradited to Belgium under special arrangements as there is no existing extradition treaty between the two countries.

However, the nature of the two cases is different from Ndengeye’s as the latter is a Rwandan.

Article 25 of the constitution doesn’t allow extradition of a Rwandan national to another country.

"Instead, when the trial starts in substance, High Court will be analyzing the merits of the trial that took place in Belgium,” said a source from the judiciary who sought anonymity because the matter has not been tabled before court.

The source added that if it is found that the case is valid, High Court may decide that Ndengeye serves his sentence in Rwanda.

"But this is all up to court to decide,” the source said.
Ndengeye was sentenced in absentia to three years of imprisonment on charges of money laundering, counterfeiting and uttering falsified documents. 

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