Kwasi Kyei Darkwa, aka KKD and Nana Asante Bediatuo
An Accra magistrate court yesterday remanded showbiz icon and ace broadcaster Kwasi Kyei Darkwa, aka KKD, into police custody over an alleged rape case.
The court, presided over by Mrs Adwoa Akyaamaa Ofosu, refused to grant the accused bail despite desperate attempts to secure bail by the defence counsel, led by Nana Asante Bediatuo.
KKD was arrested Saturday night by the Airport police in Accra at the African Regent Hotel for allegedly raping a 19-year-old student – a claim that has been dismissed by Nana Asante Bediatuo, who has explained that his client and the complainant had ‘consensual sex.’
The CEO of the Finest Productions will therefore be spending the next week behind cells at the Airport Police Station.
The father of the student was spotted in court.
Bathroom Sex
The prosecutor, ACP Moses Atibilla, said KKD, aged 49, at about 9pm on December 27, 2014 at the aforementioned hotel had carnal knowledge of the victim (name withheld) without her consent in a bathroom.
Appearing before the magistrate, KKD was charged with rape, and his plea was not taken.
Fight For Freedom
In applying for bail, Nana Bediatuo said the facts as presented by the prosecution were ‘bare’ as they did not establish any nexus between his client and the offence.
He said the prosecution had failed to tell the court who the complainant in the case is, insisting that the facts do not contain the elements of the offence.
According to counsel, prosecutor ACP Atibilla had as well failed to establish how the said offence happened, adding, ‘These elements are missing from the facts on which the charge is based.’
Lawyer for KKD prayed the court to balance the rights of the accused in respect of his (KKD’s) freedom and liberties as enshrined in the 1992 Constitution.
Garry Nimako, another member of the defence team, said the facts are bare and have no bearing on the case.
He predicted that the case would not fly, especially when in his view the facts do not support the charges preferred against his client.
While praying the court to grant bail to KKD, Mr Nimako admitted, ‘My Lord, we all sometimes pass corners, today we are before you.’
Gary Nimako argued that his client was not a ‘flight risk’ and therefore the court could be rest assured and grant him bail.
He said that the balancing act must balance the liberty of the individual.
Opposition To Bail
ACP Atibilla, in opposing the application for bail, was empathic that a prima facie case had been established against KKD.
He stated that the hands of the judge were tied under the current circumstance to grant bail.
The police officer indicated that the facts as presented by the police were clear, stressing that ‘consent is at the time of putting it inside.’
Bail Denied
However, after over 30 minutes of legal exchanges between the defence counsel and the prosecution, Mrs Akyaamaa Ofosu refused to grant KKD bail.
He was remanded into police custody to reappear on January 8, 2015.
The magistrate advised the defence team to repeat the bail application at a higher court.
Facts
The facts of that case as presented by the prosecution are that the complainant is a 19-year-old student residing at Kantamanto with her parents while the accused is also resident at Tema.
He said at about 7:30 pm on Saturday, December 27, 2014, there was an event called ‘RIP the RUNWAY Fashion show’ organised at the African Regent Hotel, which the complainant attended with her cousin.
ACP Atibilla stated that when the two arrived at the show, they met the accused person in front of the hotel and after pleasantries and attractions, they walked into the lobby where KKD introduced them to his cousin.
The prosecution said the complainant and the cousin had a few snapshots with the accused person, his cousin and other men.
Hotel Room
ACP Atibilla said KKD who admired the height of the complainant, asked her and her cousin to accompany him to the hotel room to apply powder on his face before the show, since he would be on stage and would be captured by TV cameras.
According to the prosecutor, the complainant and the accused took a lift to the third floor of the hotel and went into the room together with her cousin and KKD’s cousin.
The prosecutor disclosed that they were offered drinks but they refused and sat down.
He said whilst there, KKD called the complainant to come and help him do the make-up in the washroom, and she obliged and entered the washroom, leaving the two (the cousins) in the living room.
ACP Atibilla stated that KKD forcibly had sex with the complainant in the washroom and a report was made to the police and medical form issued to her to go to the hospital.
Prosecution said when the KKD was arrested, he denied the offence and stated that the complainant gave her consent and that he did not force her.
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By: Jeffrey De-Graft Johnson
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