It has emerged that embattled showbiz icon Kwasi Kyei Darkwah aka KKD had unprotected sex with Ewuraffe Orleans-Thompson, the lady accusing him of rape.
As a result, he allegedly assured Ms Orleans-Thompson that he would give her Postinor 2, an emergency contraceptive pill, after the unprotected sex.
The 19-year-old student, who was finding it difficult to extricate herself from the grips of the showbiz icon at the time of the alleged incident, deceptively asked KKD if he was having condom and he answered in the negative.
According to the medical report authored by Dr M. S. Akabua of the Police Hospital, the victim was previously not sexually active and that there were “…abrasions on both labia minora and majora, hyperemic redness at the external urethral opening and posterior part of the vaginal opening, Hymen torn at multiple places with pin point bleeding areas and the presence of spermatozoa.”
The cousin of the victim had told Kofi Okyere Darko (KOD) when she heard her screams that the victim was a virgin, and the medical report appears to have confirmed it.
The narration also made nonsense of the consensual sex argument advanced by KKD, who said they had agreed to have sex.
This was contained in the Bill of Indictment read on behalf of Cynthia Lamptey, the Acting Director of Public Prosecutions (DPP) by state prosecutor, Malike Woanya, last Wednesday when the state was committing KKD for trial at the High Court for rape.
Blow by blow
Narrating the series of events leading to the alleged rape incident at the African Regent Hotel at the Airport West Residential Area in Accra, during the committal proceedings in the court presided over by Magistrate Adwoa Ofosu Akyamaa, Ms Woanya said on December 27, 2014 the victim accompanied her cousin, Abena Konadu Owusu-Akyaw, to a fashion show dubbed, “Rip The Runway Fashion Show”, at the African Regent Hotel.
When they arrived at the hotel, they met one Kofi Kyei, Abena Konadu’s brother, one of the organisers of the event, and since the show had not started, they decided to stroll around.
On their way out at the drop-off area they met KKD, who said, “Wow, what beautiful tall girls. You are ‘glamazons'” among other remarks.
Together, they walked to the hotel lobby where KKD introduced them to his cousin Kofi Okyere Darko (KOD) and Benny Blanco, and told them they were his new friends.
Ms Woanya stated that after the exchange of pleasantries, KKD told the victim and her cousin that he would make them the faces of the Ghana Tourism Campaign after which a publicist, by name Ameyaw Debrah, and KKD took photographs of them.
The accused and Effe, together with Abena, Benny Blanco and KOD, later took a lift to a suite in the hotel.
The prosecution said in the living room, the victim and her cousin were offered drinks but they refused, and KKD then went to the washroom, came out, and invited Effe in to help him with his make-up.
According to the copy of Bill of Indictment in the possession of Daily Guide, “as soon as she entered the bathroom, the accused locked the door and pulled her by the hand, held her really close and started caressing her.
“She was alarmed and pulled away, but the accused got aggressive, turned her round and bent her over the wash-hand basin and tried penetrating her from behind.”
It further stated that the complainant resisted, screamed and begged KKD, who had removed his pants, to leave her alone, adding that “she cried and begged the accused to let her go as she was a virgin and had not done anything like that before”.
The Bill of Indictment however stated that KKD’s overwhelming body weight on Ms Orleans-Thompson made it difficult for her to free her hands and push him away.
It said “since the accused refused to let her go, in trying to deter him, she asked if he (KKD) had a condom but he said he did not have a condom…she tried outwitting the accused by saying she would come over another time in order for him to let her go, but the accused did not budge.”
The prosecution indicated that KKD opened the complainant’s legs, pulled her panties down and finally succeeded in penetrating her. After having sex with her against her will, she was bleeding and KKD handed her tissue paper to wipe up and told her to sit on the water closet and allow the blood to flow.
“The accused gave her more tissue to pad up as he washed his penis (and) promised to give her Postinor 2 to avoid pregnancy,” the document stated.
Postinor 2 is an emergency contraceptive used to prevent pregnancy when taken within 72 hours of unprotected intercourse. Postinor 2 however does not prevent a woman from catching sexually transmitted diseases.
The Bill of Indictment further revealed that shortly after, someone knocked on the door and KKD responded and asked the complainant to be quick, insisting that “she tidied up and flushed the blood and stained tissue papers in the water closet and they went out.”
According to the prosecution, when they came out, Effe informed Abena that KKD had raped her and while crying, narrated everything that had happened.
Anthony Forson Jnr, counsel for the accused, prayed the court to refuse to commit his client for the crime, arguing that they filed a document dated January 15, which they intended to rely on at the High Court.
“We intend to rely on this” he stated, indicating that the state could not pretend to have no knowledge of the victim’s withdrawal letter for the case to be discontinued.
According to Mr Forson Jnr, the document was a letter written by the victim, the star prosecution witness, indicating she was no longer interested in the case.
He said in a rape case, the evidence of the complainant was paramount in the determination of the case, and in the situation where the first prosecution witness had withdrawn her interest, there would be no basis for the prosecution.
KKD’s lawyer stated that in the law on rape, there was the scandal and the burden of proof, explaining that in the burden of proof, the complainant must demonstrate before the court, the process of rape and later be cross-examined by the counsel for the accused.
He said the burden of proof would then be shifted to the accused, but in the case of his client, the complainant would not collaborate with prosecution for all these processes to take place.
Despite the spirited argument of the defence team, the trial judge committed the rather stunned KKD to stand trial at the High Court.
Mr Forson Jnr nonetheless served notice of a possible appeal, saying, “we intend to contest this ruling.”
An Accra High Court is, however, expected to commence trial of the case on March 18, 2015.
KKD is currently on bail, which he secured at the Human Rights Court on humanitarian grounds in the sum of GHÈ»20,000 with two sureties after he had been on a 19- day 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.
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