Nyarugenge Intermediate Court, has upheld the lower court’s decision to remand Arnaud de Bosscher Shema, popularly known as DJ Toxxyk.
The ruling, issued on Monday, February 9, maintained that there are reasonable grounds to suspect that Shema committed the crimes for which he is being prosecuted, and therefore, he will remain in custody as his trial in substance unfolds.
He is facing charges stemming from a road accident in December last year, in which he fatally knocked down Police Constable Fred Mushabe, who was directing traffic along Sopetrade road in Kigali.
Earlier, a lower court ordered that he should be remanded, a decision he appealed, as he pledged to comply with any conditions the court may impose on him while out of custody. He also presented a surety to support his request.
In addition, he noted that he had sought forgiveness from the victim’s family.
His lawyers also weighed in, challenging the prosecutors' claims that that Shema was intoxicated before the accident. The lawyers noted that their client was tested three times for drug use but he never received the results.
The defence maintained that the incident resulted from an accident without criminal intent. They argued that this alone should not constitute sufficient grounds for remand.
The prosecutors challenged the defence's claims. Here, though they acknowledged that the fatal accident may not have been intentional, they argued that CCTV footage suggests that Shema was intoxicated.
They also alleged that after the accident, Shema fled the scene, abandoning his vehicle near ONOMO Hotel before travelling to Gisozi and later to Karongi, which they said demonstrated an attempt to evade responsibility.
On the drug use accusations, prosecutors said Shema initially admitted to drug use before later retracting his statement.
Issuing the ruling, the presiding judge dismissed Shema’s appeal, saying there were sufficient grounds to suspect him of the crime. The judge also rejected the surety he presented, citing the serious impact of the crime he is accused of.