The defence team of former head of Rwandan President Paul Kagame’s security, Colonel Tom Byabagamba, urged the Military High Court to disqualify a witness on the basis of conflict of interest after the prosecution presented a deponent who previously served as a judge in his trial.

Colonel Chance Ndagano, a key witness in the case in which Byabagamba is charged with revolt, in August 2014 presided as judge over the accused’s pre-trial hearing.

“How can a judge be a witness in the same case? This is a conflict of interest. It is unfair to my client, lacks impartiality and is also not good for the image of Rwanda’s justice system,” Valerie Mukunzi, Byabagamba’s lawyer told a panel of judges led by Major Charles Madudu on Wednesday.

“He is the same judge who denied bail to my client in the pre-trial hearing, and suddenly he is one of the witnesses. How can his testimony be given any credibility? We request that his testimony is disregarded.”

However, prosecution led by Captain Faustin Nzakamwita, told the court that Ndagano is no longer a judge in the trial and that the evidence provided by his testimony should still be considered.

The prosecution says its evidence against Byabagamba is also based on the accounts of three other military officers. He is accused of inciting insurrection among the public and spreading rumours to rouse the population against the government, a charge which attracts 10 to 15 years in prison.

Byabagamba has denied the charges, noting that he has “never said anything against the government of Rwanda”.

He accused the prosecution of relying on “mere testimonies” and ignoring documented evidence from his communications which exonerate him from “spreading rumours against the government”.

“The prosecution has evidence from my Blackberry messages of May 2014 when I was communicating with General Charles Rudakubana, where I clearly stated that Rwanda is a democratic country as long as there is a functioning parliament, a free judiciary and free and fair elections,” he said.

He appeared in court alongside his co-accused, Brig Gen (Rtd) Frank Rusagara and Sergeant (Rtd) François Kabayiza.

Byabagamba and Rusagara were arrested in August 2014 and subsequently charged with inciting insurrection among citizens, engaging in activities aimed at tarnishing the name of the country, its leadership, and illegal possession firearms.

Inconsistent testimonies

Last week, defence lawyers challenged witness testimonies in the case in which Rusagara is facing treason charges saying they were inconsistent and “full of contradictions”.

Rtd Captain David Kabuye, a key prosecution witness who was December last year acquitted of revolt charges by the Rwandan High Court, was pointed out as having given differing accounts in the case against Rusagara.

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The military court heard that in his first statement, dated 18/08/2014, Kabuye defended Rusagara stating that: “I have personally never heard him criticise the head of State,” and went on to reveal a profound relationship he shared with the retired brigadier general and his family since 1983.

But two days later, on 21/08/2014, in another statement Kabuye accused Rusagara of calling President Kagame a “dictator who leads with terror”.

In his latest account, Kabuye said Rusagara blamed the president of interfering with DR Congo by supporting a rebel outfit M23, for which Rwanda suffered sustained international criticism and suspension of aid from its Western donors.

Rusagara’s lawyer, Pierre Celestin Buhuru, who says there is not enough evidence to prove the claims that his client “hates Rwanda’s leadership” or tried to “stir a rebellion”, challenged the witness accounts asking the judges which of the statements should be taken as “gospel truth.”

The trial resumes on Friday, January 15.