Mugesera’s lawyers clash

Felix Rudakemwa, the lawyer representing Genocide suspect Leon Mugesera, has petitioned the Kigali Bar Association to force his predecessor to surrender his client’s case dossier to facilitate the trial.

Friday, July 27, 2012
Leon Mugesera (R) with his former lawyer Mutunzi. The New Times / File

Felix Rudakemwa, the lawyer representing Genocide suspect Leon Mugesera, has petitioned the Kigali Bar Association to force his predecessor to surrender his client’s case dossier to facilitate the trial. Mugesera’s previous defence lawyer, Donat Mutunzi, allegedly confiscated the case file over non-payment of fees for the six months he represented him. The president of Kigali Bar Association, Athanase Rutabingwa, could not confirm the development when contacted. However, our sources said Rudakemwa wants the professional body to force Mutunzi to surrender the file to enable him take over the case. The sources added the Bar has scheduled to meet the two parties next Tuesday.Rudakemwa argues that Mutunzi was paid for his services and has copies of bank transfer slips proving he received the money.Accused of inciting the 1994 Genocide against the Tutsi, Mugesera who was deported from Canada early this year, recently told court that he feels handicapped without the 240-page case file since it was confiscated by his former lawyer.Some of those documents seen by The New Times indicate that on March 20, 2012, Gemma Uwimana, Mugesera’s wife, wired $1000 to Mutunzi’s bank account in Ecobank.When The New Times asked Mutunzi to authenticate the documents he said, "Do I look like I am worth US$1000 in six months, no way, that money was meant for printing and making photocopies.”Another accusation that Mutunzi is levelling against his learned friend is that he took up Mugesera’s case yet he knew that ethically it is wrong to take up a case that still has outstanding debts.However, Rudakemwa refuted the claims with proof of paperwork indicating that Mugesera appointed him on the defence counsel before Mutunzi quit."I truly cannot take up a case that still has outstanding debts. I actually joined the defence counsel when Mutunzi was still in service,” said Rudakemwa.A letter signed by the Director of Kigali Central Prison, Rusa Gahima, a copy of which The New Times has seen, indicates that on April 30, 2012, Mugesera wrote to the prison administration requesting that Rudakemwa and one Christopher Black from Canada be allowed to join his defence counsel.On May 9, Gahima replied assenting to the request which automatically made Rudakemwa a counsel on Mugesera’s defence team. This was almost a month before Mutunzi called it quits with Mugesera.Asked to shed more light on this, Mutunzi said; "Let this be the last time you are asking me issues related to Mugesera, this should not be part of what is wasting my time.”In a related development, Mugesera’s case is expected to start in substance soon and according to his current lawyer, three foreign lawyers may join the defence counsel including Christopher Black from Canada, Melissa Kanas from New York, USA and Gershom Otachi from Kenya.Mugesera, a linguist, allegedly encouraged the mass killing in 1992, two years before the rampage of murders took place.