Brig-Gen (Rtd) Frank Rusagara (L), Sgt (Rtd) Francois Kabayiza (C) and Col Tom Byabagamba at an earlier hearing. Mr Kabayiza alleged that he was being tortured in detention. PHOTO | FILE |
What you need to know:
Brig Gen (Rtd) Frank Rusagara and Col Tom Byabagamba were arraigned in Kanombe Military High Court where they were read the charges which also included illegal possession of firearms and additional charges of abusing the country’s national symbols.
The highly awaited trial of two senior military officers accused of inciting public insurrections against the government and engaging in activities to tarnish the name of the government reopened on Tuesday with the two men and their co-accused pleading not guilty.
Brig Gen (Rtd) Frank Rusagara and Col Tom Byabagamba were arraigned in Kanombe Military High Court where they were read the charges which also included illegal possession of firearms and additional charges of abusing the country’s national symbols.
However, judges adjourned the hearing to February 25 after the co-accused, Sgt (Rtd) Francois Kabayiza, requested court for more time to get treatment as he was unwell. He alleges his ailments are as a result of torture.
Through his lawyer, a frail looking Kabayiza, a former driver of Mr Rusagara, asked the court to order more medical tests for him so he may receive medication before he could defend himself against the charges.
Mr Kabayiza alleged that he was tortured in detention and that he does not believe that his torturers will help facilitate his medical care. He also said that his injuries were so extensive that his body was partly paralysed.
“Apart from the torture I was subjected to, I am also suffering from liver problems and Hepatitis. I have raised this issue several times but I have not been accorded the right treatment for the conditions I am suffering from,” Kabayiza told court. The judges accorded him the right to seek treatment.
Mr Byabagamba through his lawyer requested the court to release him to continue his trial outside detention since the prosecution had concluded gathering evidence and witnesses which they feared he could tamper with or intimidate during the last four months. Mr Rusagara on the other hand said that he needed more time to read through additional files on his case.
Accounts frozen
In yet another twist to the case, Mr Buhuru, who represents both Rusagara and Kabayiza, said that he has not received a penny for his legal services because Mr Rusagara’s accounts remain frozen by the state.
Last year, for undisclosed reasons, the prosecution ordered the freezing of Mr Rusagara’s bank accounts. According to Mr Buhuru, the decision has made difficult for his client to pay for his legal services as well as cater to other basic needs.
Prosecutors however dismissed the claim, saying that Mr Rusagara was advised on how he can make his payments by signing cheques which are channelled through the military prison authorities which also takes them through military police chiefs before the pay-outs' are made to the final person.
