KKD is hot; State decides to go ahead with case

Nana Konadu Agyeman Jan - 22 - 2015 , 13:36

The state is to continue with the prosecution of celebrity broadcaster Kwasi Kyei Darkwah, popularly called KKD, after formally charging him with rape.

A statement has already been taken from the fashion and entertainment icon, who is yet to be served with a summary of evidence gathered.

After that process, the case will be transferred to an appropriate higher court to handle the trial of the father of two.

At yesterday’s hearing at the Kaneshie Magistrate Court in Accra, the prosecution prayed the court to adjourn the hearing for a week to give it time to serve the summary of evidence on the accused.

Assistant Commissioner of Police (ACP) Moses Atibilla told the court, presided over by Mrs Adwoa Akyaama Ofosu, that the pursuit of the rape case was based on the authority and instruction of the Attorney-General (A-G).

“All criminal prosecutions are initiated by the A-G and the police prosecute on the delegated authority of the A-G,” he stated.

Defence counsel reaction

A member of KKD’s defence team, Ms Johonna Awotwe, asked the court to adjourn the hearing of the case for two weeks to enable them to obtain copies of the medical report and the crime scene report.

However, Mr Atibilla told the court that he did not possess the documents being requested for by the defence team, saying, “I do not know where these documents are coming from.”

He told the court that the accused person was already on bail and not in the custody of the police, adding, “I pray that we come back in a week’s time.”

“Besides, this is a court of record, hence the reports requested by the defence counsel will not be relevant,” he said.

The court adjourned hearing to January 29, 2015.

Appearance

KKD appeared in court limping and with a walking stick. He was spotted in a blue-black jacket over a white long-sleeved shirt matched with a blue and white tie over a cream pair of trousers.

He was accompanied by a handful of his relatives.

Withdrawal of case

On January 12, this year, the 19-year-old student at the centre of the rape case against KKD expressed her disinterest in pursuing the case.

She consequently communicated her decision to the police and made copies of the letter available to the Director of Public Prosecutions, the Registrar of the High Court and the Chief Justice.

The two-page letter, signed by the victim and issued on January 12, 2015, called on the authorities to stop the case, as she would not co-operate in the trial.

KKD’s apology

In a statement signed and issued in Accra by KKD on January 13, 2015, he asked the public to forgive him for the ridicule and disgrace he had caused his family and that of the victim.

He blamed his shortcoming on what he described as “fleeting pleasure of the flesh” and acknowledged that he had sinned and prayed for God’s forgiveness.

He also expressed deep regret for the harm he had done the young victim and asked the media to spare her, her family and his from further agony.

Bail

The Human Rights Division of the Accra High Court granted bail to KKD on humanitarian grounds on January 15, 2015.

The court had considered his ill health as a factor that it was unfair for him to remain in police custody while undergoing medical treatment at his own expense.

It also said the state had failed to ensure that his health needs were met without cost to him, since the “right to life is inviolable and this court has a duty to enforce that”.

The court, subsequently, granted KKD bail in the sum of GH¢20,000, with two sureties.

Arrest

KKD was arrested at the African Regent Hotel on Saturday, December 27, 2014 following the alleged rape.

He was sent to court for the first time on Tuesday, December 30, 2014 and remanded in police custody.

The accused person was charged with rape but he has denied the allegations, saying the sexual encounter with the victim had been ‘consensual’.

He was first put before the Kaneshie District Magistrate’s Court on December 30, 2014 following his arrest.

Background

The facts are that about 7.30 p.m. on December 27, 2014, the 19-year-old victim and her cousin attended a fashion show held at the African Regent Hotel.

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

He was reported to have invited the victim and her cousin to accompany them to a room in the hotel to powder his face before the show, since he would be on stage and would be captured by TV cameras.

In the room, KKD allegedly invited the victim to the washroom to help him apply makeup and the victim obliged.

He was said to have forcibly had sex with the victim.