The Kaneshie District Magistrate Court in Accra yesterday committed beleaguered showbiz icon, Kwasi Kyei Darkwah aka KKD, for trial at the High Court after the prosecutor had established that there were enough grounds to secure conviction.
The state prosecutor, Malike Woanya, who read the bill of indictment narrating the series of events before and after the alleged rape incident had told the court that the prosecution was sure it had enough evidence to prosecute the case.
She told the court, during committal proceedings, that contrary to KKD’s earlier submission that he had consensual sex with the victim, the showbiz icon forcibly had sex with his 19-year-old victim in the bathroom of the African Regent Hotel at the Airport West Residential Area.
Ms Woanya was emphatic that the accused should be committed to the High Court for trial to commence, stating that after forcibly having sex with the victim, KKD gave her wipes to clean the blood oozing out of her genital.
The prosecutor said that in the course of the sexual intercourse, the victim was crying, prompting her friend who was in the room to attempt rescuing her; but she was prevented by KOD (Kofi Okyere Darko), a radio personality, who told the girl that the victim was fine and that nothing was happening.
According to the prosecutor, KOD then increased the volume of the television or radio set or the device in the room to drown the screams of the victim who desperately needed help.
After having sex with her, the prosecutor said KKD offered her Postinor 2, ostensibly to prevent pregnancy.
When the lady was freed, she, with her cousin and another person called Kofi, went to the nearby Nyaho Hospital for medical attention before reporting the matter to the police who gave her medical form to go to a public hospital.
She subsequently went to the Police Hospital.
It was established that the victim was either a virgin or previously sexually inactive.
The trial magistrate, Mrs Adwoa Akyaamaa Ofosu, ruled in favour of the prosecution, saying, ‘The accused is hereby committed for trial at the High Court on 18 March, 2015.’
The decision was taken irrespective of an earlier passionate submission advanced by Anthony Forson, counsel for KKD, for the court to reject the request by the state prosecutors to commit the accused for trial at the High Court.
Mr Forson, who was virtually begging, prayed the court to refuse the prosecution’s request because it did not have any credible evidence to go ahead with the trial, citing the letter written by Ewuraffe Orleans Thompson (the alleged rape victim) to the Attorney General (AG) to discontinue the case.
He wondered on what basis the prosecution intended to carry on with the case, when in his words, the material witness did not want to continue with the case.
Mr Forson stated that the trial in that regard was entering the realm of magic, adding, ‘What is happening is the persecution of the accused person.
Why is the state still committing resources to continue with the case?’
The lead counsel for KKD urged the judge to be bold, saying, ‘You must be a bold judge and say ‘this case, I shall not commit, no matter the consequences.”
KKD, who looked rather surprised at the turn of events, earlier when offered the opportunity to say something before he was committed for trial at the High Court, declined to pass any comment.
Prior to yesterday’s proceeding, the trial had on two occasions been stalled because KKD was reportedly sick and so unable to attend court proceedings.
Susana Nyarko, who was holding brief for Anthony Forson, had told the court that the accused person was going to see a clinical psychologist because he was not in a good frame of mind.
She said that was recommended after KKD’s medical review the previous week.
Ms Nyarko, per the medical report, stated that her client had been given a week’s bed rest.
The medical report was produced by the lawyer to authenticate the claim of KKD’s poor state of health.
KKD is expected to appear before an Accra High Court for allegedly raping Ms Orleans Thompson, a 19-year-old student, in a bathroom at the African Regent Hotel, Accra, on December 27, last year.
He is said to have had carnal knowledge of the victim without her consent, even though he claimed that it was consensual sex.
It is not clear whether he used condom for the consensual sex he described as ‘fleeting pleasure’ with Ewuraffe.
Even though the lady says she wants to discontinue the case, and the accused has also apologised to her publicly, state prosecutors are bent on seeking legal redress regarding the alleged crime.
KKD was consequently granted bail by a Human Rights Court on humanitarian grounds in the sum of GH¢20,000 with two sureties, after he had been on remand at the Airport police for the offence.
The court granted the bail because counsel for the accused person filed supplementary affidavits on January 6 and further affidavits on January 8, 2015 supported by a medical report.
BY Jeffrey De-Graft Johnson
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