My Accuser cantprove rape


kkd

Legal counsel for popular entertainer, Kwasi
Kyei Darkwa (KKD) have insisted that his
accuser’s claim of rape cannot be supported
by the facts.
In a 30-paragraph motion, KKD maintains that
“there is nothing in the fact sheet presented by
the prosecution that seeks to suggest that the
criminal offence of rape has been committed
by the accused person.”
His counsel, Ampem Chambers, who are still
trying to secure him bail have submitted a
CCTV footage of what purportedly transpired
between him and a 19-year-old alleged rape
victim to a Human Rights Court in Accra.
The said CCTV video has since gone viral on
social media with KKD and his alleged rape
victim walking majestically in and out of the
hotel room.
“The complainant was captured by CCTV
footage in the hotel romantically kissing the
accused person before the alleged non-con­
sensual sexual incident and most importantly
after the alleged rape was said to have
occurred the footage shows the accused and
the complainant walking together from the
hotel suite and through the hotel lobby in
much the manner as they entered the hotel
suite,” he said in his affidavit in support.
KKD’ s lawyers argue that the facts as
presented by the prosecution do not show that
“there was any physical or verbal threat of
harm or physical restraint used to compel the
victim to have sex with the accused, yet the
prosecution contends the use of force.
“The facts again show that there were two
other people in the same room when the
accused and the victim went into the bath­
room,” it stated, stressing that “even though
the said two people remained in the room
during the act, the facts do not state that any
one of them heard noise from the so-called
victim in a show of disapproval of the alleged
sex that took place.”
KKD’s lawyers argue among other things that
the complainant came out of the bathroom in
the full glare of the other two persons
including her own cousin, in the room and yet
the facts again do not show that she (the
victim) informed either of them that she had
been raped by the accused person whilst in
the bathroom.
KKD wants to impress upon the court that his
sexual encounter with the lady was
consensual, after the police charged him for
rape and a Magistrate’s Court subsequently
denied him bail.
Afterthought
In the view of KKD’s lawyers, the allegation of
rape is a mere afterthought since the
complainant did not even report to a close
relative who was in the same hotel room with
her.
KKD’s counsel further stated that the
continuous detention of the accused person in
custody is in fragrant disregard of his fun­
damental human rights and his constitutional
rights to liberty, especially on the basis of
facts which do not prima facie ground a
charge of rape.
The affidavit stated that the court should not
withhold bail as a punishment, adding that “in
the circumstances, we pray that this
honourable court exercise its discretion by
admitting the applicant to bail pending trial if
any.”
News of the alleged rape at the African Regent
Hotel in Accra went viral on December 27 last
year, when he was detained by the Airport
Police the same night.
The police subsequently arraigned him before
the Adjabeng District Court for the offence of
rape, contrary to section 98 of the Criminal
Offences Act, 1960 (Act.29) as amended.
His plea was not taken and the Magistrate,
Adwoa Akyaamaa Ofosu, refused him bail by
remanding him into police custody until Jan­
uary 8, 2015.

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