The Military High Court yesterday started hearing in substance the case involving Col. Tom Byabagamba, Brig. Gen. Frank Rusagara and (rtd) Sergeant François Kabayiza who are charged with several counts, some jointly, others individual.

Both Byabagamba and Rusagara are accused of inciting violence among the population and tarnishing the image of the country.

Byabagamba is separately accused of wilfully concealing evidence in a criminal case and contempt of the national flag, and jointly charged with Rusagara of illegal possession of a fire arm.

Their co-accused, Kabayiza, is also charged of being part of the joint enterprise in the illegal possession of a firearm.

As the trial began, all suspects pleaded not guilty and quickly asked for adjournment citing personal reasons.

"There is an additional part on the files of my clients that I haven’t received and some missing pages in the dossier which I would want to read through before starting the trial,” Pierre Celestin Buhuru, the defence counsel of Rusagara and Kabayiza, said.

He said that his client, Kabayiza, needed urgent medical attention as he was in poor health. The judge had earlier on allowed Kabayiza to stand trial while seated after he appeared weak.

Byabagamba’s lawyer, Valery Gakunzi, asked court to order for the immediate release of his client, saying that grounds for his detention did not hold water.

"He was remanded on grounds that he would intimidate witnesses but all witnesses have since given their testimonies. The court had also indicated that if he is released, he would tamper with the investigations and now that investigations were concluded, I request that he be released on bail,” Gakunzi said.

"The court can release him and impose any conditions since he is a law abiding citizen.”

Following the defence counsel’s plea, Judge Maj. Bernard Rugamba adjourned the case to February 25, to allow Kabayiza seek medical attention. It’s then that the court will rule on Byabagamba’s request, he said.

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