The murder case of Olga Kayirangwa, a 25-year-old woman who died in September while visiting a male friend's home, continued at the appeal level on Thursday, November 14, as the defendants presented arguments against their remand.
The case involves two suspects: Fred Nasagambe, the friend at whose home Kayirangwa allegedly died, and his colleague Gideon Gatare, who was present at the time of her death.
In October, Kicukiro Primary Court ordered a 30-day remand for the two men, a decision that means their trial in substance will take place while they are in detention. Both defendants appealed.
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Nasagambe is charged with murder while Gatare is charged with complicity in the crime.
During the appeal hearing, on Thursday, at Nyarugenge Intermediate Court, the suspects' lawyers presented a number of arguments challenging the grounds on which the primary court based to remand their clients.
They argued that the primary court judge may have misinterpreted the deceased's autopsy report. They pointed out that, contrary to the judge's claims, there was no evidence that shows that Kayirangwa engaged in sexual activity prior to her death.
They highlighted that the judge mistook the body fluids that were identified in the deceased's body to be semen, yet the report did not confirm that there was any male DNA in the fluids.
The defence lawyers insisted that an expert should be called to interpret the report in court.
During the two men's arraignment in court last month, the judge made the decision to remand them mainly based on the autopsy report, which he said, indicated that Kayirangwa had been engaged in sexual activity before her death and had injuries on her neck and chest.
Talking about the neck injuries during the appeal hearing, the lawyers said that they were minor and insufficient to be considered a cause of death.
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In addition, they noted that Kayirangwa had only been at Nasagambe's home for about 10 minutes - an insufficient time for potential sexual violence. They also referenced testimony from Nasagambe's domestic worker, who said there was not enough time for the suspects to have engaged in sexual activity with the visitor.
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The defence team requested bail, arguing that their clients could provide monetary or property guarantees and should not remain in custody, as there were no reasonable grounds for suspicion.
Prosecutors' response
The prosecutor in charge of the case argued that the suspects should remain in detention, given the ongoing nature of the investigation and the lack of definitive conclusions in the autopsy report regarding the cause of death. She emphasised the importance of holding the defendants in custody as inquiries continue.
More about the case
Kayirangwa died after visiting Nasagambe's home at around 8 PM on September 26.
The prosecutors say she died at the home, though the defendants say she died at DMC hospital where they had taken her for medical attention.
Nasagambe earlier told court that during the visit, Kayirangwa went to his bedroom to use the toilet but did not come out for an extended period. Court heard that when he went to check on her, he found that she had collapsed and was struggling to breathe.
Court then heard that he panicked and called Gatare, a friend of his who is a pharmacist, to help resuscitate her.
In the meantime, they also tried to contact an ambulance and the police, court heard, but after failing to get any assistance, they decided to take her to DMC hospital from where she died.
During the bail hearing, on October 18, the two men, alongside their lawyer, argued that Kayirangwa had a history of asthma and had previously been diagnosed with breast cancer at King Faisal Hospital. These conditions, they said, may have contributed to her death.
The court will give its decision on the matter on November 18.
