The Military prosecution, on Wednesday, submitted before Military High Court, evidence implicating Colonel Tom Byabagamba in acts of tarnishing the image of both the country and the Head of State. Presenting the evidence before court, Captain Faustin Nzakamwita, the lead prosecutor, stated that many of the incriminating evidence against Byabagamba indicate that he committed the crimes while on a Tour of duty in South Sudan. Rwanda maintains police and military contingents in the United Nations Mission in South Sudan (UNMISS) and Byabagamba was part of the Rwanda Defence Forces (RDF) contingent the time he allegedly committed the crimes. The prosecution says that allegations leveled against the accused are punishable under the penal code’s article 660 that prescribes penalties for anyone in leadership position who tarnishes the image of the country. According to Nzakamwita, the accused, while in service in Juba, uttered defamatory statements against the government including accusing the Government of Rwanda for the death of Patrick Karegeya, and a one Major John Sengati. The accused and his two lawyers, namely Valerie Gakunzi and Albert Ngirabatware, dismissed the allegations, saying they are contradictory and inconsistent. The accused stated that in no circumstances would he have tarnished the image of a government he served, for which his services were highly recognised by the Rwanda Defence Forces. The court is expected to continue hearing the case today. Byabagamba is accused of disrespecting the national flag, obstruction of justice, tarnishing the image of the country as a leader and inciting public insurrection. He is accused alongside Brig. Gen Frank Rusagara (rtd) and Francois Kabayiza, a former driver of the latter. editorial@newtimes.co.rw
