Prosecution seeks more time to conclude investigation in Major Rugomwa’s case

Military prosecution on Tuesday prayed to the Military Tribunal to be given more time to conclude investigations in a case in which an officer with Rwanda Defence Force is accused of killing a 19-year-old man.

Tuesday, April 11, 2017
Rugomwa and his brother before court. / File

Military prosecution on Tuesday prayed to the Military Tribunal to be given more time to conclude investigations in a case in which an officer with Rwanda Defence Force is accused of killing a 19-year-old man.

The officer, Major Aimable Rugomwa, is accused of colluding with his brother Mamerto Nsanzimana to cause death of 19-year-old Theogene Mbarushimana in an incident that took place in September last year in Kicukiro District.

The two brothers are accused of voluntary manslaughter.

In February this year, the court had ordered prosecution to facilitate an independent medical examination on Nsanzimana, who in this case was said to be mentally unstable.

But appearing before the Nyamirambo-based tribunal, prosecutors asked for more time to have medical tests since up to now, they have not secured an appointment with a specialized doctor to perform the required check-up.

Both suspects are on remand.

"We would like to demand from court few more days to conduct medical check-ups since earlier we failed to secure an appointment with the doctor,” said Captain Theoneste Mvuyekure from ministry prosecution.

The prosecution further informed court that Nsanzimana is scheduled to see the doctor tomorrow (Tuesday) arguing that within a few days, they will have the results to allow for the trial to go in substance.

Both the accused and their lawyers agreed to the submission and court henceforth set May 9 for the commencement of the trial.

Defence lawyers had earlier objected to the proceedings claiming that Nsanzimana was not mentally sound and proceedings against him, a claim prosecution objected, prompting the judge to order for an independent clinical analysis by a qualified doctor.

Lawyers argued that Nsanzimana could possibly be suffering from different illnesses including mental disturbance which would hinder the trial procedure as stipulated in article 101 of the current penal code.

Both Memerto Nsanzimana and Rugomwa have previously pleaded not guilty on charges and called for immediate release.

Rugomwa was prior to his arrest a medical practitioner at Rwanda Military Hospital.

Mbarushimana is a former mechanics student, and according to prosecution, he succumbed to brain and bodily injuries after being beaten by the two brothers on the night of September 4 having locked him up in Rugomwa’s home in Kanombe Sector, Kicukiro District.

It is alleged that the duo had mistaken him for a thief.