Nyarugenge Intermediate Court, on Monday, November 18, maintained the remand of the two suspects in the murder case of Olga Kayirangwa, a 25-year-old woman who died mysteriously in September.
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The two men: Fred Nasagambe, the friend at whose home Kayirangwa allegedly died, and his colleague Gideon Gatare, who was also present at the time of her death, have been in detention since October when Kicukiro Primary Court ordered a 30-day remand for them.
On Thursday, November 14, they appealed against their remand, as they presented a number of arguments to the intermediate court, including a claim that a primary court judge may have misinterpreted the deceased’s autopsy report. They pointed out that, contrary to what the primary judge’s claims, there was no evidence in the forensic report that shows that Kayirangwa was engaged in sexual activity prior to her death.
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They argued 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.
They insisted that an expert should be called to interpret the report in court.
The intermediate court judge, however, during the appeal ruling, said the forensic report should not be treated as the only evidence in the case since there are more pieces of evidence to consider, including a particular testimony by Nasagambe’s domestic worker. The latter said that he saw Kayirangwa lying on the bed as if dead.
The judge also backed her primary level counterpart’s decision to link the minor wounds on Kayirangwa’s neck to possible rape. She noted that such minor injuries might have been suffered as Kayirangwa was fighting to avoid being raped.
The intermediate court judge pointed at the need for the two men to be remanded as more investigations into the case continue.
During last week’s hearing, the prosecutor 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.
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More about the case
Kayirangwa died after visiting Nasagambe’s home at around 8p.m on September 26.
The prosecutors say she died at the home. 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 heard that he panicked and called Gatare, his friend 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.