AG’s decision on KKD should be based on law – Lawyer


wpid-kkd.jpg

KKD
Private legal practitioner, Yaw Oppong has
said media icon, Kwesi Kyei Darkwa (KKD)
could be acquitted of the rape charge against
him if the court detects that the Attorney
General (AG) pursued the case based on other
considerations outside the law.
“When there is any doubt at all in the mind of
the judge or the court, the law is that it
should be resolved in favour of the accused
person,” he said.
He indicated when the state expresses its
intention to pursue the case without the
assistance from the plaintiff, “it should not be
made on emotions, politics or anthropological
considerations but the decision must be
informed by legal considerations.”
Last week, the 19-year-old girl who accused
KKD of rape, wrote to the court stating that
she is no longer interested in continuing with
the case.
She mentioned the “media frenzy” which
followed KKD’s arrest and the never-ending
buzz and social media posts as reasons for
her decision adding that she will be unable to
continue assisting the Police in prosecuting
the case.
The Police subsequently forwarded the letter
to the AG for advice and on Thursday, the AG
said it will continue to pursue the alleged rape
case against KKD.
Sharing his thoughts on the latest
development on Eyewitness News, Lawyer
Oppong said: “The AG and the others that she
has authorized by law to assist here to
perform that function may have a lot of
evidence that we may not be privy to and I
believe that such decisions should only be
made based on law and evidence.”
He however pointed out that if the decision by
the AG was made based on any other reason
aside the law, “the law provides a remedy and
if the necessary conditions are fulfilled, you
can then go to the Supreme Court for the
appropriate compensation to be paid to you.”
According to him, if there are other reasons,
the state prosecutors will be unable to prove
the guilt of the accused person beyond
reasonable doubt.
Lawyer Oppong expressed the hope that the
decision by the AG “has been made purely
based on legal considerations and in view of
evidence before them.”
He remarked that “it will be interesting to
follow this particular case as the evidence will
be presented to court and then we will see.”
By: Efua Idan Osam/citifmonline.com/Ghana

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