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 Forces is accused of killing a 19-year-old man.
Nsanzimana and Major Rugomwa during a past court appearance. (File)
Nsanzimana and Major Rugomwa during a past court appearance. (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 Forces 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 September last year in Kicukiro District.

 

The two brothers are accused of voluntary manslaughter.

 

In February, the court had ordered prosecution to facilitate an independent medical examination on Nsanzimana, who was said to be psychologically unstable.

 

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

“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 Nvuyekure from the prosecution’s office.

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 phase.

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

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

Defence 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 Maj. Rugomwa have previously pleaded not guilty on the charges.

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

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.

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