The hearing of Lt.Col Rugigana Rugemangabo appeal case was today adjourned by Supreme court.
The brother to Kayumba Nyamwasa that fled Rwanda to South Africa is appealing against the Military court verdict that sentenced him to 9 years in prison where he has been since 2010.
The judge said that he did not receive any filed complaint from the applicant and defendant and also the prosecution which normally is used in ICT by the court to know exactly the stance of each side on a matter.
Lt.Col Rugigana said that the reason he did not send the document to the appeals court is because he is arrested and could not have access to his lawyers.
The military prosecution said that it did file its complaint and only waited for the defendant Lt.Col Rugigana’s to send them to the court.
Supreme court judge said the appeal case would resume on May 30 after both sides file their complaints with the court.
On July 25, 2012, the military court-martial sentenced the Rwanda Defense Forces office to nine years in prison when it found him guilty of committing two of the three charges brought against him by RDF.
Lt.Col Rugigana was found guilty of conspiring against the country and inciting public and exonerated him of treason. He was also ordered to pay a fine of Rwf100000 and a court fee of Rwf20000.
He appealed against the military court verdict thus only prompting the same by the court. The military court wanted him charged for committing treason.
The military prosecution shows that Lt.Col Rugigana and his elder brother Faustin Kayumba Nyamwasa conspired with the FDRL militia to try toppling the Rwandan government.
The military prosecution shows that Kayumba Nyamwasa told his brother to concentrate on suffering Rwandans including the unemployed, demobilized soldiers, those that were not ranked when deserved ranking, and the locals that were chased from Gishwati and incite them to commit crimes.
The charges brought against the Lt.Col Rugigana by the military prosecution were found to have been committed by his elder brother.