KIGALI - Generals Sam Kanyemera Kaka and Frank Rusagara walked to their freedom yesterday after the Military Tribunal acquitted them of charges of obstructing justice.The two generals were arrested in early August and later released on bail over accusations of failing police efforts to arrest city businessman Assinapol Rwigara at a funeral in Kabusunzu on July 27. Rwigara had been on the run after his construction site in Kiyovu killed three workers and injured five others mid this year. He however resurfaced later, charged and granted bail.
KIGALI - Generals Sam Kanyemera Kaka and Frank Rusagara walked to their freedom yesterday after the Military Tribunal acquitted them of charges of obstructing justice.The two generals were arrested in early August and later released on bail over accusations of failing police efforts to arrest city businessman Assinapol Rwigara at a funeral in Kabusunzu on July 27.
Rwigara had been on the run after his construction site in Kiyovu killed three workers and injured five others mid this year. He however resurfaced later, charged and granted bail.
Reading out the verdict, presiding judge and the Military Tribunal’s vice president Brig. Gen. Steven Karyango said that the prosecution failed to produce sufficient evidence against the two generals.
Kaka is a Member of Parliament while Rusagara is the commandant of the Military Academy in Nyakinama.
In its ruling the court said that what the Generals did at the funeral was exactly in line with the instructions the three police officers received from CID chief, Costa Habyara, who had deployed them to arrest Rwigara.
The Generals argued that it was wrong for police officers to arrest people at a funeral.
The court based its ruling on the statements of among others, Commerce Minister Protais Mitali, Vice Speaker Denis Polisi, Lt. Col. Joseph Nzabamwita (Head of External Security), Habyara, businessmen Rwigara and Jack Rusirari.
The witnesses said that the Generals committed no wrong instead blaming the police officers who had come for the operation.
The verdict drew thunderous applause from the fully packed court room in Remera, Kacyiru District.
Both Rusagara and Kaka were evidently extremely happy as relatives and friends, including Rwigara, congratulated them outside courtroom.
They, however, refused to speak to reporters.
Athanase Rutabingwa, one of the Generals’ defence counsels, said: "We are happy there was transparency in this case; our clients had no case.”
This was the third time the Generals appeared before the tribunal.
They first appeared on August 17, when they were granted bail and on September 6 when the case started in substance.
The jury was comprised of Karyango, Major Patrice Rugamba and Lt. Joseph Ngabonzinza.
Prosecution has 30 days to appeal against the ruling.
Ends