KIGALI: The hearing of the case against Generals Frank Rusagara and Sam Kaka Kanyemera before the Military Tribunal at Remera ended yesterday and the final verdict will be announced on September 21.Brig. Gen. Rusagara and Brig. Gen. (rtd) Kaka, also an MP, are charged with obstructing police efforts to arrest Kigali businessman Assinapol Rwigara. The Generals denied the charges. They were arrested last month and released on bail later.During yesterday’s hearing, the prosecution led by Capt. Ngabo Kaijuka and assisted by Staff Sergeant Faustin Mukunzi asked court to sentence the accused to one-year imprisonment. 

The Trubunal’s Vice President, Brig. Gen Steven Karyango presided over the trial.

According to prosecution, Kaka and Rusagara committed the alleged offence on July 27, from 4.30 pm -5.00 pm while at a funeral in Kabusunzu, a Kigali city suburb.

On the said date, according to prosecution, three police officers; Jean de Deuie Kabare, Didas Gashaija and John Kagabo; all at the rank of Assistant Inspector of Police, were deployed by the Director of Criminal Investigation Department (CID) Chief. Supt Costa Habyara to arrest Rwigara.

Prosecution alleges that Rusagara grabbed one of the police officers while Kaka is accused of blocking another police officer as they attempted to arrest Rwigara.

It further alleges that Rusagara claimed that it is ‘scandalous for police to arrest a person at a funeral function.’

Kaka allegedly told police officers that ‘waca Kadogo’ (back off young boy).
Kaka dismissed the allegation. He told court:

"I don’t know anything concerning all the charges mentioned by the Military Prosecution. What does waca mean? I have no right to obstruct justice, who am I?”

Rusagara also denied all the charges and challenged prosecution to produce evidence against him.

"I never committed any crime; I went to the burial as anybody else,” he said
Both prosecution and defence counsels kept referring to recorded statements of witnesses.

A number of senior government officials, military officers and prominent businessmen recorded statements.

They include Commerce Minister Protais Mitali, Depuity Speaker Denis Polisi, Maj. Gen. Patrick Nyavumba, Brig. Gen. Dan Gapfizi, Lt. Col. Joseph Nzabamwita, CID director Chief. Supt. Costa Habyara and Capt. Joseph Rushema.

Others are businessmen Rwigara, Paul Muvunyi, Edgar Rwagabwoba, Ethiene Gakwaya, Jack Rusirari and Mannaseh Karangwa. Most of the witnesses said the Generals committed no crime, instead putting the blame to the police officers that had for the operation.

The defence lawyers’ team had Francois Rwagampuhwe, Athanese Rutabingwa and Natashi Bugondo.

They pleaded with court that their clients had no case to answer and prayed that they should be acquitted. Rwigara also attended yesterday’s hearing.

Ends