Today, Kizito appeared in the court with Jean Paul Dukuzumuremyi as the co-accused Cassien Ntamuhanga escaped prison.
In the court, Kizito was Clad in inmates uniform, red shoes, white socks, watch and Rosary on his right arm.
The presiding judge expressed two challenges, one was that the co-accused Cassien Ntamuhanga escaped prison and the second is that Dukuzumuremyi had no lawyer.
About the challenges, Kizito requested the presiding judge to separate his case file from that of the co-accused saying that they have no big connection in charges.
He insisted that their hearing process is different, as he pleaded guilty of the charges yet others pleaded not guilty.
Kizito’s Counsel Antoinette Mukamusoni said that on the concern that Dukuzumuremyi had no advocate, it would not be guaranteed as to when he will get one since he appealed in 2015 and had ample time to seek for one who he hasn’t got to date. She said that he did not write to Rwanda Bar Association requesting an advocate.
For Ntamuhanga who escaped, Mukamusoni said that his case would be separated from others since he committed another separate crime.
“For Kizito Mihigo’s side, we were thirsty for this date because we need justice,” she said.
On why he has no advocate, Dukuzumuremyi said that he submitted his appeal decision when he was in Gasabo prison, he was later moved to Rwamagana based Prison and now is in Rubavu based prison.
Due to the moving process, he said that he didn’t know whether his appeal was due for hearing, and was told about the hearing date when he didn’t even know whether his application was endorsed.
“I was caught unawares about the hearing date. I request the court a short time to seek an advocate,” he requested.
The prosecution side represented by Faustin Nkusi among others requested the presiding judge to annul Ntamuhanga’s appeal saying that it is stipulated by law when the defendant misses the hearing over no reasons.
The prosecution side rejected hearing separation of case files of Kizito and accomplices saying they’re connected, no matter the magnitude.
For Dukuzumuremyi, the prosecution said that he has rights for an advocate and admitted that he would be given time to seek defense lawyer services.
The presiding judge adjourned hearing to June 11th 2018 for Dumukuzumuremyi to be able to find an advocate.
The presiding judge annulled Ntamuhanga’s appeal decision saying that escaping the prison meant that he had no interest in following his appeal.
On case file separation, the presiding judge said that as Kizito admits to a connection with accomplices, separation of hearing would not serve the interests of justice. The case file was kept as one.
On February 27th 2015, the High Court in Kigali found Kizito guilty of the crimes of formation of a criminal gang, conspiracy against the established government or the President of the Republic and conspiracy to murder. However, the court did not find sufficient proof implicating him on the crime of complicity in a terrorist act.
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