The two men who have been on remand in connection to Olga Kayirangwa's alleged murder have been released, the judiciary confirmed on Tuesday, November 19.
Judiciary spokesperson Harrison Mutabazi told The New Times that the development came as a result of prosecutors' request for their release since there was no sufficient evidence pinning them on the alleged crime.
According to Mutabazi, prosecution withdrew the case against the two, consequently stopping their criminal case.
The duo, Fred Nasagambe, the friend at whose home the 25-year-old woman allegedly died, and his colleague Gideon Gatare, who was also present at the time of her death, had been in detention since October when Kicukiro Primary Court ordered a 30-day remand for them.
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Kayirangwa died mysteriously on September 26 after visiting Nasagambe’s home in Kigali at around 8p.m. In earlier court hearings, the prosecutors said she died at the home, while the defendants said she died at DMC Hospital where they had taken her for medical attention after an emergency.
Nasagambe told court that during the visit, Kayirangwa went to his bedroom to use the toilet but did not come out for an extended period, and when he went to check on her, he found that she had collapsed and was struggling to breathe.
He said that he then panicked to call Gatare, his pharmacist friend who to help resuscitate her.
On Monday, November 18, Nyarugenge Intermediate Court had upheld their remand after turning down an appeal they filed presenting a number of arguments including a claim that the primary court judge who handled the case on first instance could have misinterpreted the Kayirangwa's autopsy report.
During the appeal hearing, the two suspects had told the court that, contrary to what the primary court judge’s claims in the ruling, there was no evidence in the forensic report that showed that Kayirangwa had been engaged in sexual activity prior to her death.
However, the intermediate court judge decided to maintain their remand, noting 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 who had said that he saw Kayirangwa lying on the bed as if dead.
Mutabazi told The New Times that the prosecutors filed for the release of the two suspects on Tuesday, November 19, and the court implemented it on the same day.
He noted that such a release is provided for by article 91 of the criminal procedure law, which states that: "If the public prosecution finds that there is no reason to prosecute the suspect held in provisional detention, it must apply for his or her release. The judge examining the application for release of the suspect must render a decision within 24 hours after the court is seized of the application.”