Kwasi Kyei Darkwa
An Accra human rights court yesterday could not hear a motion on notice for bail pending trial filed by lawyers for embattled broadcaster and showbiz icon, Kwasi Kyei Darkwa, 49, popularly called KKD.
This was after Ms Cynthia Lamptey, acting Director of Public Prosecutions (DPP), had told the court that the Attorney-General received the motion at about 4pm on Monday.
She said the state needed some time to study the motion and file the appropriate response.
The court, presided over by Justice Kofi Essel Mensah, accordingly adjourned the case to January 13, 2015.
Tony Forson, appearing for KKD, agreed to come back for proceedings to continue when the prosecution had finished studying the motion.
Lawyers of KKD were expected to move a motion for bail for which the applicant had submitted a CCTV footage of what the accused claims will show what transpired between him and a 19-year-old alleged rape victim to the court in Accra.
KKD wants to impress on the court that the sex he had with the lady was consensual after the police had charged him for rape and a magistrate’s court had subsequently denied him bail.
In the motion filed by his lawyers, Ampem Chambers, KKD said the footage contained a scene of romantic kissing between the complainant and him.
The said CCTV has since gone viral on the social media with KKD and his alleged rape victim walking majestically in and out of one of the hotel rooms.
‘The complainant was captured by CCTV footage in the hotel romantically kissing the accused person before the alleged non-consensual 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 same manner as they entered the hotel suite,’ he said in his affidavit in support.
KKD was arrested at the African Regent Hotel on December 27, last year and was detained by the Airport police the same night.
The police subsequently arraigned him before a Kaneshie district magistrate court for the offence of rape.
His plea was not taken and the magistrate, Adwoa Akyaamaa Ofosu, refused him bail and remanded him into police custody.
Not satisfied, KKD’s legal team proceeded to the court to fight for a bail for him pending trial and as a result, they attached the CCTV footage to the motion filed on notice.
In the 30-paragraph motion, KKD says, ‘There is nothing in the facts sheet to show that the accused had sex with the complainant without her consent.
‘There is nothing in the facts sheet presented by the prosecution that seeks to suggest that the criminal offence of rape has been committed by the accused person.’
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
‘The facts again show that there were two other people in the same room when the accused and the victim went into the bathroom,’ 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 a noise from the so-called victim in a show of disapproval of the alleged sex that took place.’
The defence counsel argued 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.
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.
Counsel further stated that the continuous detention of the accused person in custody was in fragrant disregard of his fundamental human rights and his constitutional right to liberty.
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.”
BY Jeffrey De-Graft Johnson
Email: [email protected]
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