Rusagara, Byabagamba trial begins in substance

The Military High Court, yesterday, started the hearing in substance of the case involving Col. Tom Byabagamba, Brig Gen (rtd) Frank Rusagara and Francois Kabayiza weeks after prosecution presented its evidence in the case.

Tuesday, January 05, 2016

The Military High Court, yesterday, started the hearing in substance of the case involving Col. Tom Byabagamba, Brig Gen (rtd) Frank Rusagara and Francois Kabayiza weeks after prosecution presented its evidence in the case.

The case started with the charge of inciting public insurrection against Rusagara, whom prosecution said, on several occasions in various places, uttered statements that were aimed at inciting people, especially members of the armed forces, against the government.

Presenting the evidence against the retired general, Capt Faustin Nzakamwita, a military prosecutor, said that Rusagara, in his utterances mainly targeted the Head of State.

"Here is a man who spoke to various high ranking serving military officer telling them that their Commander-In-chief was ‘finished’ and continued feeding them with propaganda praising negative forces,” said Nzakamwita.

He said that the aim was for the forces to lose confidence in their Commander-In-chief.

The prosecutor presented testimonies from the different officers, both retired and serving, whom he said were fed this "propaganda” by Rusagara. "The charges in this category can all be considered under article 463 of the Penal Code as they all amount to inciting insurrection,” he added.

But Rusagara’s lawyer, Pierre Celestin Buhuru, cited contradiction in the testimonies, saying that some of them recorded two statements which said different things.

The trial continues today with more testimonies on the insurrection charge against Rusagara.

Rusagara is also accused of illegal possession of fire arms, a crime he jointly shares with Col Byabagamba.

Byabagamba is also charged with public incitement and obstruction of justice through concealing evidence.

Kabayiza, a former driver to Rusagara, is accused of complicity in illegal possession of firearms and concealing evidence in a criminal infraction.

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