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Kwaw Kese out, KKD in

Showbiz News Dec - 31 - 2014 , 03:55

After 39 days in police custody, Hiplife artiste Kwaw Kese was yesterday granted bail by the Kumasi Circuit Court where he is standing trial for using a substance suspected to be narcotics without lawful authority.

But while ‘Abodam’, as he is affectionately called, is breathing some fresh air, Kwasi Kyei Darkwah (KKD), a renowned broadcaster, was yesterday remanded in police custody for allegedly raping a 19-year-old student in a hotel washroom.

Though at the last hearing, he was initially scheduled to appear before the court on January 5, 2015. Kese’s lawyer, Nana Kwasi Boaitey, however, had to put in a bail application pending trial on health grounds, following the admission of his client at the Komfo Anokye Teaching Hospital since December 24, 2014.

Yesterday was the fifth time he appeared before the court seeking for bail. In all the previous instances, the court denied him bail.

In the case of KKD, the Kaneshie District Magistrate Court explained that the remand of the 49-year-old entertainment and fashion icon was due to the fact that rape cases were non-bailable.

The court cited Section 96 of Act 30 1960, which stipulated that rape was a non-bailable offence and, therefore, remanded the accused person to re-appear on January 8, 2014.

The court, presided over by Mrs Adwoa Akyaama Ofosu, also said the issue of consent and non-consent of the rape case would be determined at the trial stage and not at the magistrate court.

Application

Arguing for bail for Kese, Nana Boaitey prayed the court to grant it to enable him to seek medical attention for his condition, which he said was fast deteriorating.

Consequently, the court, presided over by Mr William Boampong, upheld the bail application, as the prosecution, led by Superintendent of Police Mr Emmanuel Ackonnor, did not oppose it.

Mr Ackonnor said the prosecution was privy to the medical condition of the accused and as such would not oppose the bail application.

Bail

The judge thus granted the accused bail in the sum of GH¢80,000, with one surety, to appear again on January 5, 2015.

Kese, whose real name is Emmanuel Botwey, was temporarily discharged from the hospital on Tuesday to enable him to attend the court for the hearing of his bail application.

Background

He was arrested on November 22, 2014 at Plus 2, a popular pub at Nhyiaeso in Kumasi, where he was alleged to be smoking a substance suspected to be narcotics.

He was arraigned on November 24, charged with unlawful use of a substance suspected to be narcotics.

The substance has since been sent to the Police Forensic Laboratory for testing.

KKD

Kwasi Kyei Darkwah has been charged with rape and had his plea not taken.

In court yesterday, the accused, who is the Chief Executive Officer (CEO) of Finest Productions, was adorned in a black suit with a dotted black blue bow tie and spectacles.

He looked confident and wore friendly faint smiles.

The case attracted a huge media presence and people from all walks of life, mainly friends of the accused person, his family members and those of the victim.

Arrest

KKD was arrested last Saturday night at the African Regency Hotel following the rape case.

He has been in the custody of the Airport Police Command since his arrest and was only sent to court for the first time yesterday.

Case for remand

Making a case for the court to remand the accused person, Assistant Commissioner of Police, Mr Moses Atibilla, told the court that there was prima facie evidence to show that the accused forcibly had sexual intercourse with the victim without her consent.

“When one has sexual intercourse with a victim without her consent, he commits rape,” he told the court, adding, “Consent is not determined when a victim agrees to visit a hotel room, lay in bed or go to the washroom to help the accused to do a make-up.

“Consent is given when at the time of sexual encounter, the victim gives in to the demand,” he said.

Counter-argument

Counsel for the accused, Nana Asante Bediatuo, said there were inconsistencies in the evidence adduced by the prosecution against his client, as the state had failed to produce prima facie evidence against him.

“Merely claiming that the accused person forcibly had sex with the lady is not enough evidence,” he said, saying that the sexual encounter between KKD and the lady was a consensual one.

“First, there was an agreement to accompany the accused to his hotel room, an invitation to assist him apply make-up in a washroom, which the lady obliged. So the accused could not have forcibly raped her.

“The state must present the chronological events and actions to establish that there was sexual intercourse without consent,” he said, adding, “The prosecutor has failed to tell the court how the rape incident even occurred.

“Was the rape committed by threat, physical restraint, use of weapon or by force? Again, the state fails to establish if there was abrasion on the vagina,” counsel argued, pointing out that, “all these key elements are missing from the charge preferred against the accused”.

He, therefore, told the court that it would not be right to deprive the accused of his liberty based on the fact before the court.

“If the state seeks to deprive a person of his liberty, it is required to present a prima facie against him,” he said, adding, “Merely saying the accused had sex with the lady is not discharging the ingredients of the fact.”

He added that the accused was “willing, ready and, in fact, determined to prove his innocence and ready to assist every stage of police investigations”.

Background

Earlier, the prosecutor had told the court that the complainant is a 19-year-old student residing with her parents at Katamanso in Accra, while KKD is a broadcaster residing in Tema.

About 7.30 p.m. on December 27, 2014, there was an event called RIP, the Runway fashion show, organised at the African Regency Hotel which the complainant attended, together with her cousin.

When the two arrived at the show, they met the accused in front of the hotel and after pleasantries, they walked into the lobby where KKD introduced them to his cousin who was also at the show.

The complainant and her cousin took a few pictures with the accused, his cousin and other men.

The accused, who admired the height of the complainant, asked her and her cousin to accompany them to the hotel room to powder his face before the show since he would be on stage and would be captured by TV cameras.

The complainant and the accused took one of the lifts to the third floor of the hotel and went into the room, together with her cousin and the accused’s cousin.

In the room, the complainant and her cousin were offered drinks but they refused and sat down. While there, the accused called the complainant to help him apply make-up in the washroom.

The complainant obliged and entered the washroom, leaving the two in the living room. KKD forcibly had sex with the complainant in the washroom.

A report was made to the police and a medical report form was issued to the complainant to attend hospital.

When the accused was arrested, he denied the offence and stated that the complainant gave her consent before the act.