Rwanda: High Court rejects appeal in Titi Brown case

Rwanda’s High Court has dismissed the prosecution’s appeal against the acquittal of dancer Thierry Ishimwe, popularly known as Titi Brown, bringing a final judicial decision in a high-profile case involving allegations of defilement of a minor.

In its ruling in case number RPA 01573/2023/HC/KIG, the court found the prosecution’s appeal to be without merit and upheld the November 10, 2023 decision of Nyarugenge Intermediate Court, which acquitted the dancer of the charge.

The case stemmed from allegations that Ishimwe had sexually assaulted a girl identified as M.J., who was reportedly 17 at the time of the alleged incident.

The girl reportedly told her mother that she had been sexually assaulted after visiting the dancer, and later discovered that she was pregnant, prompting a complaint that led to his prosecution.

The High Court reviewed several pieces of evidence presented during the proceedings, including testimony from the girl and her mother, medical examination reports, video footage, DNA test results and a psychological assessment.

However, the court concluded that the evidence was insufficient to establish Ishimwe’s guilt beyond reasonable doubt.

A forensic report presented in the case indicated that the DNA samples tested did not establish a biological link between Ishimwe and the pregnancy, according to reports on the proceedings.

The DNA evidence had been a significant issue during the original trial, which attracted considerable public attention.

The court also questioned the reliability and admissibility of video footage submitted as evidence.

It found that the material did not clearly establish where it had been recorded or who had recorded it.

The prosecution had also failed to demonstrate that the required authorisation from the Prosecutor General had been obtained for its recording, according to the reported ruling.

The judges observed that even if the footage showed the girl at Ishimwe’s residence, that alone was insufficient to prove that the alleged sexual offence had occurred.

The psychological assessment was also considered insufficient to establish the dancer’s guilt, as it relied substantially on information provided by the girl during the evaluation.

The High Court ruled that the evidence did not meet the standard required to convict Ishimwe, concluding that the prosecution had failed to establish grounds for overturning the earlier judgment.

The decision confirms the acquittal handed down by Nyarugenge Intermediate Court on November 10, 2023, when the court also ruled that neither party would receive compensation in connection with the case.

Ishimwe had been detained since 2021 following the allegations, which generated widespread public debate and attracted sustained media attention during the lengthy judicial proceedings.

The High Court’s latest ruling brings the appeal proceedings to a close, leaving the original acquittal in force.

The court did not order compensation in the case.