We have put together “the Congo Case” in a chronological order from the day Kasongo was killed up until today. This can be useful for both new and old readers, and also for us in Joshua and Tjostolvs families. –Hannah French
(Corrections made by Tjostolv and Joshua who has now read this article is marked in Italic)
This will be updated constantly.
2009:
May 5th: Tjostolv Moland and Joshua French’ driver Abedi Kasongo was killed.
Present that fatal night was: Tjostolv Moland, Joshua French, Kepo Ailo, Kasimu Aradjabu and Abedi Kasongo. The two Norwegians fled the scene in Kasongos car.
You can read more about the trip to Congo, and Joshua’s version of the attack here: Joshuas story. November 2009 (English version)
You can also watch Tv2’s documentary about the Congo-killing here: (only in Norwegian) Dokument 2: Dømt til døden i Kongo (youtube)
May 8th: Joshua is arrested after 3 days in the jungle. It is a very dramatic arrest. He’s been shot at and severely abused. He’s being shown off as a killer in every village from Epulu till Kisangani. There were among other things performed “fake executions” on him.
Tjostolvs mother, Mathilde Moland is contacted this Friday afternoon by the police in Vegårshei that Tjostolv is missing. The car and the motorbike are found in a national park, but no people.
May 10th: Joshua arrives at the military prison in Kisangani in the afternoon. In the days that follow he is in for a series of tough interrogations, with heavy threats made against him, and lack of interpretation and no lawyer present. Read more about the human rights violations he experienced here: http://www.freefrenchandmoland.com/en/the-case/humanrightsabuses
May 11th: The Foreign Ministry calls the families and partly updates them of what’s happened.
May 12th: Tjostolv surrenders at a local police station in Mambasa, after having phone conversations with his father. He asks at this point for the media to be contacted.
Mathilde Moland: We were notified late at night on Monday May 11th that Tjostolv was arrested too. (this day) We let our guard down a bit, happy that he was alive. The next morning, on May 12th Tjostolv calls his father. He is still on the run in the jungle. The message from the day before was wrong. A bit later that morning, around 8am he calls again. I’m there as well. His father tells him to turn himself in to the nearest police authority. I send him a text message that says something like: “Let us know before you turn yourself in”. He never answered this message. Later I got a message from Dagbladet that my message was on the phone Tjostolv had when he was arrested. One of the mysterious text messages. It was VG who notified me of Tjostolvs arrest on May 12th in the afternoon. The media has always had the date wrong regarding Tjostolvs arrest.
May 15th: Tjostolv finally arrives at the military prison in Kisangani after a two day long prison transport. He was two nights in a prison cell in Mambassa. The reason it took so long to get him there is that the car broke down. The families were very worried these days that something bad had happened to him. According to the media it is said that Tjostolv has been treated acceptably, however it turns out he went through the same as Joshua did. He is to be killed, he is paraded and is being very roughly treated. Joshua has been in prison for about a week now. In the days to come they are both in tough interrogations, often without interpreter and lawyers present.
*The prison they are held in is a room that looks like a garage that they share with several other people. There is no electricity and lights in there. They get about 30 minutes a day of fresh air. When reporters come for visits they can stay outside for a bit longer.
*Kepo and Kasimu change after a while their testimony from Joshua shooting the driver between the eyes because he didn’t want to stop the car, to Tjostolv shooting him unprovoked from the outside of the car.
May 20th: Rune Edvardsen (the Norwegian priest who works at the Dina-foundation) visits them in prison.
May 24th: Tjostolv is early in the morning taken out for a drive into the jungle to look for the alleged murder weapon. He has not been prepared for this trip, and he believes they are going to execute him there and then. His Congolese lawyer is finally allowed to come with him on the trip, but not the Norwegian representative. Tjostolv doesn’t recognize the crime scene and they can’t find a weapon.
*During the summer we are informed several times that the trial is about to start, but it’s being postponed time and time again. New indictments and alleged evidence delays the investigation. The boys get sick many times with diseases like malaria, typhoid fever, worm, amoebas and other problems with their stomachs.
July 15th: Tjostolv and Joshua are transferred to the Central Prison in Kisangani. They are being attacked and threatened in the prison in beginning of their stay. Among others they yelled “Kill the white men! Kill the white men!” at them. The trial is scheduled to start on August 4th.
July 31st: The espionage indictment is made public. This leads to more delays.
August 12th: The charge is made public. Murder, attempted murder, espionage, illegal weapon possession, armed robbery and forming a criminal association.
August 14th: The trial starts. Kibambe is their lawyer from the capitol city, and Likwela is the local lawyer.
Tjostolv and Joshua are paraded through the streets from the central prison to the courthouse, to the public contemplation, chained together in handcuffs. It’s very chaotic and riots starts when they are transported back to the prison. The public yells: “Murderers! Murderers!” and objects are thrown at them. They are rushed in to a car and taken back to the prison. Norwegian authorities are reassured that they don’t have to walk through the streets again.
*The trial lasts for almost 4 weeks. There is no technical evidence in the case. The prosecutions strongest card is the picture of Tjostolv washing blood out of the car, a GPS, ID-cards from the Norwegian army, several pictures from the camera and the mobile phone and testimony from the two other passengers in the car. The witnesses were made into informants, so they didn’t need to swear in when they gave their testimony. They have also made huge financial claims in advance. Their testimony is not very reliable when they have a financial gain on them getting convicted. Most of the trial is under very poor interpretation, so the two don’t understand much of what is being said. They also get offered to pay to make indictments disappear, which results in the boys refusing to speak during the trial. The trial itself is very different from what we are used to. There is a military salute before every day in court. The lawyers are very theatrical and use a lot of gestures and gesticulations. The prosecutor mocks and harasses the two defendants. He places great emphases on especially pictures of Tjostolv in different uniforms as evidence of espionage. A photographer from Drammen (Norway), Rune Folkedal is made to be the employer of Moland and French because of a picture where he points to Africa on a map. He is a pacifist and refuses military, and the picture was taken at a party as a joke many years ago.
*One of the lawyers compares the boys silence to Saddam Hussain and says: “Saddam Hussain stayed silent. He was convicted for his silence, because the silence was regarded as an admission”
*The boys were also accused of being of Viking ancestry.
August 20th: Both the Foreign Ministry and the lawyer are refused contact with Tjostolv and Joshua this morning. They are dragged out of the prison, and driven off in the opposite direction of what they normally do to the courthouse. They don’t get any explanation from the military. The boys are afraid of what is going to happen to them. Then they are escorted to the courthouse. After the day in court they are transferred to the military prison they were in at the beginning, because the Congolese says they fair they will try to escape. There they are being hit with rifles in their backs, threatened with death and other abuse.
The next day they are transferred back to the Central Prison.
September 1st: An anonymous person from Vinstra in Norway donates a severe amount of money to engage Norwegian lawyer Morten Furuholmen.
September 2nd: Aftenposten writes that Tjostolv and Joshua were fired from the army. “Within two weeks murder accused Tjostolv Moland and Joshua French were in the fall of 2007 was asked to leave the Telemark Battalion”. This was false accusations.
September 8th: The verdict is announced.
Tjostolv Moland is sentenced to death 5 times for murder, attempted murder, espionage, armed robbery and for forming a criminal association and 20 years for illegal weapon possession.
Joshua French is sentenced to death 4 times for attempted murder, espionage, armed robbery and forming a criminal association.
The verdict is met with standing ovations from the crowd, while the guys don’t have an interpreter and don’t know what the verdict is. They are also sentenced to pay a 460’000 USD compensation to the victims in the case. These are among others the widow and her 6 children, the drivers union and the two so called “witnesses”. There is also handed down a compensation verdict of 60’000’000 USD, a symbolic amount of 1 USD per Congolese in Congo that the Norwegian state with Moland and French are sentenced to pay. They are also sentenced with Norway to pay trial costs of 1’000 USD. There is no interpreter during the verdict, so they are sentenced to multiple death sentences without understanding what’s being said. Outside the courtroom death threats are made against them.
The boys have been judged by a military court even though Congolese law says that it’s only Congolese military that can be judged there. In addition Joshua and Tjostolv are civilians in Norway as well; something the Norwegian Foreign Ministry has made very clear to Congolese authorities. This has been completely ignored.
*The boys send in their appeal a few days later.
*The seaman’s priest Knut Lyngseth goes to Kisangani to stay with the boys when most of the Norwegians are leaving the area in the middle of September. He stays for a while to assist the boys.
September 11th: Dagbladet reveals a report who butchers the judiciary in Kisangani. Widespread corruption, lack of money, witness no-show is some of the things that are mentioned.
September 16th: Several medias reveal a private video from a training camp in Uganda.
September 21st–25th: The guys’ Norwegian lawyer Morten Furuholmen goes to Congo to assist the two.
He travels through Uganda, and while he is there he uses the opportunity to interview the three participants in the "Training Video". The interview you can read about here: Interview with the 3 men from the "training video" (In English)
He comes back to Norway September 25th. September 26th he holds a press conference. Furuholmen is convinced that the two Norwegians are innocent of what they are convicted for.
September 26th: It’s reported that Joshua, because of his double citizenship also requests help from British authorities. They have more experience in handling these types of situations.
September 29th: It’s being made clear that they can’t present new evidence in the appeal. It’s being said that according to the Congolese law it is only evidence used in the first trial that can be presented. Later the prosecution still brings new “evidence” during the appeal.
October 3rd: Tjostolv is very sick of malaria. He has more than 40 degrees Celsius in fever and vomits a lot. He experience paralyses in his face and looses feeling in his arms. The blood withdraws from his arms and legs to protect the organs. He is close to dying. Joshua is finally able to get help from the outside, and together with the seaman’s priest, the doctor Jean Paul Lombale gets into the prison “after hours”. This probably saves Tjostolvs life.
October 5th: Several medias report that Tjostolv Moland has written a letter to Laurent Nkunda, a well known rebel leader who goes by the name “the butcher from Kisangani”. Nkundas men say to Rune Edvardsen that they don’t know who Tjostolv is. Tjostolv refuses after this to go to a hospital in fear of his own safety.
October 8th: Dagbladet has on its front page: “The Congo prisoners planned a bank robbery”.
*There are many speculations in the media in this period what Tjostolv and Joshua’s intentions in Africa were. The story that affected them the most is the alleged bank robbery. Joshua responds to the media about some of the allegations here: Joshua’s notes in the notebook, November 2009
11-23 October: Furuholmen goes to Congo for a second time to assist Tjostolv Moland and Joshua French.
October 13th: The appeal starts.
“We are not spies, we are not criminals, and we are not murderers” Joshua French states in the appeal. They are both weakened by malaria. Tjostolv is clearly not well.
The appeal starts with obvious interpreter mistakes. One example is when Joshua says that he works in the security business, it’s being translated to him being a spy. These mistakes can in themselves sentence the two to death.
October 20th: Tjostolvs mental health is getting worse because of malaria among other things. He is aggressive and he refuses to eat, drink or take medication. It’s getting difficult for the boys to stay in the cell together so Tjostolv moves to another cell.
October 21st: Tjostolv has aggressive outbursts in the courtroom. He gets up and tries to leave the room. He yells and is restless. He laughs and cries’ interchangeably. Rolling his eyes and making gestures. He is clearly unstable and shouldn’t be in a courtroom.
October 22nd: Dagbladet presents a front page in their paper issue with the title: “LOOK HOW SICK HE IS” with 4 pictures of a clearly unstable Tjostolv. Tjostolv is taken to the hospital with a visible wound on his forehead to be examined by 3 doctors. After the exam he is brought to the courtroom again where he is very aggressive and attacks a policeman in the ambulance. He also tries to attack Joshua in the courtroom. Tjostolv is admitted to the hospital after the trial is finished this day. The court is postponed for a week pending on Tjostolv being examined by doctors at the hospital. Molands doctor Jean Paul Lombale is arrested because the court thinks he is trying to delay the court proceedings. The court decides that Tjostolv is going to be treated by 3 specialists from Kinshasa. They never arrive.
*Tjostolv is being physically abused by the police while he is helplessly drugged down in the prison.
*During his stay at the hospital Tjostolv is being systematically drugged. They eventually have to stick him in the legs because the arms are too used up. He gets so drugged that he starts having abstinences. He experiences chemical torture.
*At a random visit to the hospital to pull out a tooth the courts main judge sees Tjostolv. He declares Tjostolv for healthy and well. Tjostolvs father, Knut Moland writes more about this here: The judge says that Tjostolv is not sick..
October 27th: TV2 reports that the weapon the court thinks killed Abedi Kasongo is in Norway. The serial number on this weapon is identical with the gun Moland and French poses with on a picture from the camera/mobile phone of one of the guys. This is a softgun that only uses rubber bullets – it can’t be the murder weapon. The pistol the court thinks Moland and French brought with them is a pistol Moland had access to when he was in the Kings guard in Norway. This weapon has never been reported missing and is still in the army’s possession.
*The court has only the shotgun left. Everyone agrees that this weapon couldn’t cause Kasongos death. Also this is not considered to be a military weapon in Congo, but a hunting gun.
October 30th: The Foreign Ministry receives a letter that implicates some Congolese military as guilty of the murder of Kasongo. You can read the letter here: Other killers has been pointed out
November 5th: Furuholmen has meetings with several people of authority in Haag.
November 7th: A meeting is arranged at the hospital between Tjostolv and the widow and her family. He allegedly confesses to the murder and asks for forgiveness. There was no interpreter present during the meeting. There claims to be two confessional letters. In one of the letters he confesses to the murder, and in the other letter he takes responsibility for the death of the driver but claims he didn’t kill him. Tjostolv is drugged and psychotic during this meeting, and there are no neutral witnesses present.
8 – 24 November: Furuholmens law firm sends lawyer Marius Dietrichson to Congo to assist the boys. He is among other things being accused by the military of climbing over the prison walls to poison Tjostolv.
November 10th: Tjostolv is back in the courtroom, in a psychotic state. He is confronted with the letter where he allegedly confesses the murder (but it is not shown to him). It’s only that one letter that is presented in court. Asked about the other letter the judge says that it is only this one letter that is important. The letter where he only takes responsibility for the death is not being shown or presented. Tjostolv says he can be connected to the letter, but takes no responsibility for the contents. Knut Moland, Tjostolvs father sees the letter. He says that part of the text where Tjostolv confesses to the murder isn’t his son’s handwriting. There is a clear difference between the handwriting where he takes responsibility for the death and where he says he’s guilty.
November 11th: Tjostolv says many things that are damaging to their case, for example that they are mercenaries. He also expresses his support to Laurent Nkunda. Tjostolv is being moved back to the prison. He thinks, during this period of illness that he is a biblical person. He also thinks that he is in spiritual contact with a pygmy spirit and has a lot of other hallucinations.
November 12th: It’s Joshua’s turn to explain his side of the story. He repeats his version that they were attacked by unknown people with weapons. Joshua is yelled at by the judge because he continues with his “lies” now that Tjostolv is starting to “tell the truth”.
November 13th: They get separate lawyers because their testimonies are very different. Likwela represents Joshua and Kibambe represents Tjostolv. Mathilde Moland and her travel party arrives in Kisangani. She meets both of them in the prison after the court is finished for the day. It is an emotional meeting; you can read more about it here: Mathildes visit to the Central Prison in Kisangani
December 3rd: The verdict in the appeal is announced.
Before the court starts this day all the people in the courtroom are being body searched. They suspect that someone have brought explosives into the courtroom. Nothing is found, and the reading of the verdict can begin.
Tjostolv Moland is sentenced to death 5 times this time as well for murder, attempted murder, espionage, armed robbery and forming a criminal association, and 20 years for illegal weapon possession.
Joshua French is sentenced to death 4 times for attempted murder, espionage, armed robbery and forming a criminal association, and 20 years for illegal weapon possession that he didn’t get last time.
The compensation amounts this time was 750’000 USD to the widow, 375’000 USD to the father (uncle) of Kasongo, 100’000 USD to Aradjabu (one of the witnesses). The Norwegian state was solitarily with Moland and French sentenced to pay 500’000 USD to Congo*. They don’t get the verdict interpreted this time either, and don’t understand much of what’s being said.
*I take precaution on the verdicts and the compensation amounts because I only have information from VG net, and not the verdict itself. We haven’t received the verdict yet (7/2-10).
December 4th: The vice president of the trial Frederic Embu says that he wanted to invalidate the verdict he feels was wrongly sentenced. He shows to Moland’s “confession letter” in particular that he feels shouldn’t be presented in court because Tjostolv had not been examined by the doctors which the court ordered.
*The boys appeal the case to the final stage, which is the Supreme Court in Kinshasa. The process of getting them there is in progress, but according to Joshua it seems that central authorities in Kisangani don’t want to let them go without compensation: From Joshua: a hostage situation, patient treatment and the lack of medical supplies
Christmas 2009: Seaman’s priest Terje Bjerkholt travels to Congo to be with Tjostolv and Joshua over Christmas. He had letters and things from family and friends and also support mail from the homepage-support mail. He brought food and other goodies that are appropriate for Christmas. And he also brought a Santa outfit that Tjostolv used when handing out Christmas gifts to the inmates. They handed out board games, sugar, tea, coffee and other things to some of the inmates, and each one of the inmates also got a bar of soap. Hygiene is very important to survive so this was an important gift that was possible to do because of all the contributions on the “Inmate to Inmate account”. On Christmas Eve they read the Christmas Gospel, sang Christmas carols and ate Christmas food with the seaman’s priest, and opened presents. Read more about the Christmas celebration here: Christmas Eve in Kisangani Central Prison, here: An incredible experience – from Terje Bjerkholt and here: Christmas day in Kisangani prison - from Terje Bjerkholt (seamans-priest)
2010:
2 – 6 February: Seaman’s priest Knut Lyngseth visits them again. This was an overdue visit that was very welcome.
February 7th: There has now gone about 2 months since Joshua and Tjostolv were sentenced to death for the second time. There is not much information about what’s going to happen. There has been information that the judge panel are ready, but there is not clear when the case will be tried in the Supreme Court and if Moland and French will be there. It’s been speculated if they will stay in Kisangani. It’s very costly to fly them to Kinshasa, and they have no chance to speak in that trial. MONUC (UN) has said they gladly would fly them to the Kinshasa in one of its aircraft that runs regularly between the two cities, but to do so they must have an official request from the Congolese authorities. The boys have not seen the verdict from the appeal yet, and don’t exactly know what the verdict says.
(There hasn’t been written much in the media about the boys in the period that is behind us. For them it has been very boring and the time has been long. Grethe May 9th 2010)
March 19th: The Foreign Ministry says that the journalists were breaking the Norwegian law when they bribed public officials in Congo. The journalists on the other hand feel that it’s necessary in order to get the job done.
March 30th: The case is suddenly treated in the Supreme Court in Kinshasa. Only Tjostolv’s lawyer Andre Kibambe managed to be present. Joshua’s lawyer Guillaume Likwela didn’t get enough time to make it to Kinshasa on such short notice. The court finished in 2 ½ hours and expected to make their ruling within 8 days.
March 31st: The media reports that Rune Edvardsen has worked on the release of the boys for a long time. A general who was going to get the boys out of prison was shot and injured the same day the boys were to be released according to Rune.
April 3rd: Dagbladet has an article on how the boys help their inmates with different health problems. With the help from the Inmate to Inmate account the boys have an opportunity to treat different disorders and illnesses in the prison.
April 6th: The verdict from the Supreme Court was meant to be served today, but was delayed because of the death of a member of the Supreme Court. Uncertain when the verdict will be made public.
April 22nd: The verdict from the Supreme Court is announced. The death sentences were overturned because of procedural errors. The reason was that two of the judges was not present during the entire case, but still sentenced them to death. This means that the case will be tried again in Kisangani.
The Foreign Ministry has been given signals that the case will start before the summer. We are hopeful this will happen!
April 23rd: Dagbladet reports that the Foreign Ministry has paid without getting a receipt for services in Congo. They allegedly paid 60 dollars for a copy of the verdict in the appeal. Ragnhild Imerslund in the Foreign Ministry says that it was important that the Foreign Ministry got a copy of the death sentences.
April 27th: VG reports that the case is to start on May 10th. They say that judges are going to be flown in from Kinshasa. We are waiting in suspense!
May5th: Today there has been 1 year since the attack and murder. The nightmare for the boys, their families and the widow and her children has now lasted a whole year.
May 6th: Marius Dietrichson is going to Congo to assist Tjostolv and Joshua. Some of the media are going as well to cover the new case that is meant to start on May 10th.
May 9th: Dagbladet reports that several central actors in the previous rounds in court like Jacob Samwaka, Roger Wawara, Pascal Moliba and Frederic Embu Anieng has to leave Kisangani in connection with the new trial. The reason is that they don’t want them to influence the new trial in any way.
May 10th: The trial is once again delayed. The judges from Kinshasa didn’t come to Kisangani as planned. Also the court documents and a proper court room have not yet been made ready.
Dagbladet writes that lawyer Kibambe (Tjostolv’s lawyer) was asked for 1200 dollars from the Supreme Court to get access to the verdict. They also report that the reason the judges didn’t leave Kinshasa is that they didn’t received any airplane tickets, allegedly because there are no money for it. It’s easy to think that there is a connection here. Lawyer Dietrichson says that they have to assess whether they will pay to get access to the verdict.
It’s a lot of confusion about when the trial is supposed to begin. The report from several media is that the trial is delayed until after May 25th, because they argue about money. The judges from Kinshasa want payment in advance, something the Defense Department refuses. Colonel Gaston Shomari, who is the head of the military court says on the other hand that the trial will start this week.
The French ambassador in Kinshasa has sent a letter to the Congolese authorities that they can’t use the culture house they used in the two previous court rounds last year. He says: “They haven’t paid the electric bill of 3200 dollars from the last time the venue was used. We can’t accept that they have a trial or a political meeting on French soil either. The building is owned by the French state”, Jacquemont explains.
(I think it’s strange that they react now all of a sudden, when they had two court rounds there last year. Is there something else behind this decision?)
May 11th: Today it was known in the media that the boys will be transferred to the Osio-prison on the other side of the Congo River when the death sentences are enforceable. There is no water or electric power there and many prisoners die after a short time because there are no sanitary conditions.
May 13th: Aftenposten reports today that researcher Rene Lemarchand, who is an expert on Congo, thinks that Norway should consider cutting aid to the country to ensure a more fair trial for Tjostolv and Joshua. The Foreign Ministry says on the other hand that they don’t have the habit of suspending aid to pressure the receiving country.
May 23rd: Dagbladet states that both the prosecutor and two judges have arrived in Kisangani, and it seems like the trial will start on Tuesday.
May 24th: Dagbladet tells Joshua’s version of the “blood picture” which has been a huge strain on them.
Joshua says: Everyone is free to interpret the picture for themselves. It was taken in a situation when we’d just escaped from death. It was a traumatic moment. Some people react with crying, someone laughs when they’re traumatized. The reason it was taken was that we considered it to be to our advantage to take a picture we thought could be important evidence to us before we cleaned up the blood.
French continues his elaboration with Moland listening:
-We were both shocked over what had happened three hours earlier. Its common knowledge from psychology that victims of trauma can react with tears, laughter or gallows humor as a defense mechanism, French says about the picture taken after the murder in the darkness of May 5th of last year 110 kilometers outside of Kisangani. (Quote from Dagbladet)
Several media also reports that president Joseph Kabila calls regularly to check up on the boys. He apparently wants them to be transferred to Kinshasa to have a more fair trial there.
May 25th: The first day of the fourth trial. The day was basically about formalities and a lot of talk about the escape after the murder. It seems like the trial is better organized this time, but it remains to be seen if it will have an effect on the verdict.
May 26th: Tough day in court today. It started with technicians that took microphones and speakers with them, because the court hasn’t paid the rent for that. Tjostolv stood for 7 hours today in 40 degrees Celsius and in high humidity because of the rain. Joshua stood for almost as long. They still managed to answer well and controlled many repeating questions about weapons and what they did before they came to Congo. They were also asked questions about text messages to Tjostolv’s phone and about the escape after the attack. There was a lot of replay from yesterday.
May 27th: The third day in court. They use a bag to simulate the car, and coal staples to describe the events. Joshua gets interrupted every time he tries to nail Kepo in a lie. They argue that Joshua is not Tjostolv’s defender. The judges are concerned about the most banal things: one example is the fact that they went in front of the car, in the light, to urinate. The judges think it’s strange that they didn’t want to be a little more discrete. The boys on the other hand thought it was more important to see where they were going. The boys are tired and both yesterday and today they want minimal contact with the press.
May 28th: The fourth day in court. This day started with the boys getting reprimanded by the judges for being late. Do they decide for themselves when they leave the prison? Today the boys had to pack their bags the way they were when they went to Congo. They noticed that several of their belongings were missing. Things like money, sleeping bags, boots, compass, mobile phone etc. They will probably never see these things again. There was a lot of talk about whether Tjostolv’s company was legally registered. They were also wondering if he’s moving armed operations to Congo from Uganda. The widow testified in court today. She said that Rune Edvardsen gives her 200 dollars a month because he knows that his countrymen killed her husband. This is a shocking lie.
May 31st: Fifth day in court. Today the procedures started. Several of the others lawyers and the prosecutor spoke their opinions today. They used big words and expressions to describe what kind of people the boys are, and what they supposedly did and thought. They also demanded 5 billion (!) dollars in settlement from the boys and Norway. Not a lot of positives to mention, but to say something positive; the boys were allowed to sit for most of the day!
June 1st: Sixth day in court. Today it was the defense who presented their procedures. Surprisingly enough, both of the defenders got to present their case for as long as they wanted without being cut short and without interruptions. They picked the prosecutors’ case apart bit for bit. If the evidence is to decide, the boys will have to be found not guilty. But it will be exciting to see what the judges decide. The verdict is in on June 9th. Good luck boys!
June 4th: Several Medias reports that the sentencing is postponed to Thursday June 10th. It’s not clear what the reason is for this delay. It’s not the first time there has been delays in this case.
June 7th: VG reports today that the verdict will be rendered in the backyard of the military tribunal. They will use their garage if it’s raining. The venue this trial has been held in is rented out to someone else on Thursday. The boys have no objections that the verdict is rendered outside. They are just pleased that there will not be any more delays. Today, Dagbladet has made public an interview with Kasimu Aradjabu right after Joshua’s arrest.
June 8th: Dagbladet reports that they have a recording made by Rune Edvardsen where he and missionary Bregård have a conversation with the new head of the household after Abedi Kasongo. Here, he claims that the “witnesses” gave a totally different explanation to him, than in court, just a few days after the murder. They say among other things that Tjostolv shot with a gun, at close range from the left side. A totally different statement than the one they have given several times in court. VG reports that prisoners included Joshua and Tjostolv can be granted amnesty from the president in connection with Congo’s 50th Independence Day on June 30th.
June 9th: The prosecutor thinks there are no more chances to appeal. He thinks this is the last chance. The defense attorneys on the other hand say that this is nonsense, and that they can appeal if they want to.
June 10th: The verdict falls. There was a lot of confusion what the verdict really said. One thing is clear; they were both sentenced to death again. The biggest change was the earlier sentence that included espionage in favor of Norway which has now been dropped. And with it the astronomical settlement claim. It can be positive in relation to achieve an extradition agreement.
June 12th: The families have been notified from Congo today what the verdict really says. This is not the official verdict, so a little precaution until we get the official court papers. Espionage and claim for loads of money from Norway still stands afterall.
June 14th: Today it was clear that the boys will not appeal the death sentences. It remains to be seen if the prosecution appeals. If they don’t the verdict is enforceable and the Foreign Ministry can start working on getting the boys home.
June 16th: There are reports that there is an agreement on a date in the summer where negotiations of an extradition can start. Ambassador Vea will not reveal the date that has been agreed upon. There is going to be a big celebration of Congo’s 50th Independence Day from Belgium on June 30th. We assume that the date is somewhere after that, in July. An internet newspaper reproduces the letter from the Foreign Ministry to Congolese authorities. You can read the letter here.
June 22nd: Mathilde Moland has gone to Congo to visit the boys. She is also going to have a meeting with the President’s wife. She is going to deliver a letter where she asks for pardon for Tjostolv and Joshua in occasion of the 50 year anniversary for Congo’s independence.
June 23rd: According to VG the boys can’t count on getting out of prison for several months. They write that the civil plaintiffs (?) can appeal until July 19th, and that the verdict isn’t enforceable until that date. Morten Furuholmen thinks that negotiations can’t start until August-September.
June 24th: VG reports that negotiations of a transfer is going to start sometime in August. There is no official date set. Several media reports today that the boys have sent a letter to President Kabila, where they ask for pardon.
June 28th: Several medias report that Mathilde Moland’s visit with the first lady is postponed until July 1st. The reason for the delay is the tight schedule the presidential couple has with the anniversary on June 30th. They will have more time with the first lady if the meeting is postponed.
July 2nd: Congolese authorities guarantee that Tjostolv and Joshua won’t be sent to the infamous Osio prison. The latest reports are also that the meeting between Mathilde Moland and the first lady that has been postponed several times will happen today.
I’ve just read on VG net that the meeting between Mathilde Moland and the first lady will not happen. Rune Edvardsen speculates that political motives are the reason for the cancellation. Mathilde is very disappointed that the meeting she’s waited a week for is cancelled. She had this to say to VG net:
- It’s very regrettable and sad. I had a strong desire to meet her and present the case I feel so passionate about, to ask for clemency for my son. I’m very disappointed. I’ve been in Kinshasa for a week now, and it’s not a place I want to be for this long unless I achieve what I came for, a clearly moved Mathilde Moland says to VG net.
July 3rd: Dagbladet reports that Mathilde has handed over the letter for clemency to the first lady. She will not get to meet her in person, but delivered the letter to someone close to the first lady. Rune Edvardsen says that this is a huge victory. Later this day she got to meet her anyway, and also gave her a present.
July 4th: Dagbladet presents the letter the Moland family has written to the first lady. Here is the letter of mercy:
We congratulate you, Mr. President, the Nation and the people of the Democratic Republic of Congo with the 50 year anniversary as an independent nation.
We in Norway knows what it’s like to be occupied by a foreign power, when we were occupied by Germany during World War 2, and by Sweden and Denmark for 500 years up until 1905.
Norway is a peace loving nation, who work for peace all over the world. We are probably the nation who spends the largest share of Gross Domestic Product on projects in underdeveloped countries.
Norway has a good relationship to the Democratic Republic of Congo, and is a proud contributor to several projects in the Democratic Republic of Congo. These contributions will in all likelihood increase.
We assume that you are familiar with the desperate situation our sons, Tjostolv Moland and Joshua French are in, in Kisangani.
It’s a terrible situation for us as mothers, and for our families.
We ask you then for help to ask the president for clemency. A pardon will be a great way to show Norway and Europe Your country’s greatness and human values, in occasion to your nation’s grand celebration of 50 years independence.
A pardon from the president of the Democratic Republic of Congo in this case will be appreciated not only by the families, but also by the Norwegian government and the Norwegian people who have followed this case in the media for over a year.
Compensation to the widow of the driver who died in service will be taken care of through the Dina-foundation, who does extensive humanitarian work in the Democratic Republic of Congo.
Mathilde Moland, Tjostolv Moland’s mother (sign.)
July 21st: VG reports that the appeal deadline expired July 19th. As far as we know, no one has appealed. That means that the Foreign Ministry and the British Foreign Ministry can start the work on getting the boys home.
August 3rd: Norwegian Broadcasting Company reports that British authorities had a meeting with Congolese authorities. This can help increase the possibilities of a transfer to Norway. A transfer to the capital Kinshasa has been discussed, which can be a first step towards a transfer to Norway, lawyer Furuholmen says.
August 9th: Several Medias report tonight that the meeting that was scheduled between Norwegian and Congolese authorities, which was going to negotiate a transfer, is postponed indefinitely. The meeting was supposed to be sometime in August, but now no one knows when the meeting will be held. Lawyer Furuholmen says that the delay is frustrating.
August 13th: It’s reported today that the negotiations for a transfer for Tjostolv and Joshua are scheduled to start the first week in September. This is very good news, and I really hope that the meeting will happen as planned this time.
August 27th: VG reports today that Tjostolv experienced abuse when he was questioned regarding an incident where money was stolen from their cell. It all started when an inmate stole money from their cell, and when they confronted him with this he wanted revenge. The revenge came as a story that Tjostolv and Joshua gave him money to buy a weapon. The boys reject this. A new colonel has according to VG started an investigation of the matter, and both the boys were questioned. Tjostolv’s interrogation got brutal. He was threatened with a weapon, punched and kicked, and placed in a dark cell filled with urine and filth. After 4 hours he was sent back to his own cell.
August 28th: VG has an interview with Mathilde Moland after she had a chance to talk to Tjostolv. He describes the stay in the heated filthy cell as one of the worst experiences for him.
August 30th: It’s reported this evening that the delegation from the Foreign Ministry and the Justice Department has left for Kinshasa to start negotiations for a transfer for Tjostolv and Joshua. They plan to stay this week for starters.
September 2nd: The authorities are positive to a transfer for the boys. The condition is that the pay a settlement the family accepts. No concrete amount is discussed but the impression is that the amounts from the trial are not necessarily something they have to deal with. Morten Ruud from the Justice Department thinks this is a positive development. Morten Furuholmen is working on how to pay the settlement.
September 3rd: Morten Furuholmen thinks that it’s likely that Tjostolv and Joshua has to serve sentences similar to manslaughter if they get transferred to Norway. The widow claims that she wants the 3 million dollars the court decided.
Later today the settlement claims raised to 4,5 million dollars. The impression is that the lawyers to the family are the aggressors to these demands, not necessarily the family themselves.
September 4th: The widow of the driver says that she’s willing to compromise to achieve a solution everyone can live with.
September 5th: The widow’s lawyer will not compromise the settlement that has been decided by the court.
September 6th: Kasimu Aradjabu and Kepo Aila who was in the car that fatale night are afraid they will be left out of a possible settlement. They also seem willing to compromise to get the case resolved.
September 9th: The lottery- and Foundation Authority will investigate Rune Edvardsen and the Dina-Foundation regarding the 200 dollar monthly amount the widow gets is in violation with the statutes of the Foundation.
September 10th: Tonight there have been reports that an agreement has been made between the parties of the case. Rune Edvardsen reports that he has 5 signatures from the widow and her family. What’s left now is for Tjostolv and Joshua to sign, something that will happen tomorrow. The settlement that has been agreed upon is about 100 000 dollars. The money will pay for 2 houses and to start up a family business.
September 12th: Rune Edvardsen is starting a money roll to collect money for the settlement in the agreement.
September 14th: Morten Stroeksnes’ book is released today. There is a lot of debate around this book and the timing of the release.
September 21st: Tonight the news is that Foreign Minister Stoere has had a meeting with Congo’s Foreign Minister about Tjostolv and Joshua. During the meeting he once again got reassurances that the two will not be executed. It’s also likely that they will be transferred to the capital Kinshasa.
September 22nd: TV2 reports today that Congo’s Foreign Minister says the transfer to the capital can happen fast. The transfer to Norway on the other hand can take time. Congo’s authorities want them to get a similar sentence in Norway as the one they are convicted to in Congo.
November 30th: Several Medias report today that the warden in the Central Prison in Kisangani has requested the authorities that the boys will be transferred to Kinshasa. He says he’s tired of having the boys there, and need the space to other prisoners.
Grethe Aune 2010
2011:
January 24th: Today several media reports that a power struggle between the government in the capital and the governor in the province has put a stop to the transfer to Kinshasa. Several lawyers are also afraid of being left empty handed in this case. They don’t want the transfer to happen. According to the government in Kinshasa the boys was going to be transferred last Friday, but this has now been postponed because the governor refuses to let them go. The governor has now left for Kinshasa to discuss the case with the authorities there. He refers to the verdict where Norway was sentenced to pay 500 000 million dollars.
The widow says she’s afraid that her lawyer will take the house she got in the settlement away from her.
January 25th: VG renders the deal that has been made between the widow of the dead driver and Tjostolv and Joshua. They also have an interview with the boys that you can see here
January 28th: Norway hands over a note to Congolese authorities with demands of a speedy transfer of Tjostolv and Joshua. The reasons for the delayed transfer are apparently dissatisfaction from the lawyers about the financial deal made between the widow and the boys.
January 31st: State Secretary Ingrid Fiskaa is having a meeting with the Vice Foreign Minister in Congo where she will address Tjostolv and Joshua’s situation.
February 1st: The reports today is that Tjostolv and Joshua owes about 140 000 dollars each. This is money they have borrowed from family and friends, but will be signed over to them when they get home. In addition to the deal made with the widow, they have to buy all they need of food and toiletries themselves, and pay someone to deliver it to them. The support accounts are now empty, and they worry how they are going to pay for food and clean water.
State Secretary Ingrid Fiskaa who are in Congo reports today that Congolese authorities again promises a speedy transfer to the capital.
February 7th: According to Dagbladet it seems like a lack of money for plane tickets is the reason for the delayed transfer to Kinshasa.
Grethe Aune February 2011
