The Military tribunal yesterday adjourned the trial involving military officer Major Aimable Rugomwa and his co-accused Memertto Nsanzimana, in a case where the two are accused of killing a neighbour’s teenage son.
The trial had been slated to begin in substance at the Nyamirambo-based tribunal but Nsanzimana, who is also a relative to Rugomwa made an objection, saying that he was sick and was not in position to go on trial.
Through the defence attorneys, Nsanzimana also claimed that he was not of sound mind, calling for an independent evaluation of his mental state to ascertain if he is sane before criminal charges can be preferred against him.
Lawyers argued that he could possibly be suffering from different illnesses including mental disturbance which would hinder his prosecution, according to the criminal procedure.
Article 101 of the penal code states that there shall be no criminal liability in case the accused is suffering from insanity at the time of committing the crime.
“Having considered the objection from the lawyers, considering the accused himself testified about his illnesses, the court hereby adjourns the case and orders a medical examination on Memerto Nsanzimana by prosecution,” said the presiding Judge Major Gerald Muhigirwa.
Both Nsanzimana and Rugomwa, a medical doctor, who pleaded not guilty stand accused of complicity on charges amounting to voluntary manslaughter of the late Theogene Mbarushimana.
Mbarushimana who died aged 19 was a student of mechanical engineering, and according to prosecution he was killed in a mysterious manner by the two brothers on the night of September 4. He succumbed to heavy brain and body injuries in Kanombe sector in Kicukiro District.
Major Innocent Karara, who spoke on behalf of prosecution, stated that the death of the boy was occasioned by injuries that resulted from serious assault and battery by Rugomwa and his brother Mamerto Nsanzimfura.
The case in substance shall resume on February 9, 2017, after the prosecution has availed medical results from the examination.