MY ACCUSER CANT PROVE CASE-KKD SPEAKS

Legal counsel for popular entertainer , Kwasi
Kyei Darkwa (KKD) have insisted that his
accuser ’s claim of rape cannot be supported by
the facts .
In a 30 - paragraph motion, KKD maintains that
“ there is nothing in the fact sheet presented by
the prosecution that seeks to suggest that the
criminal offence of rape has been committed by
the accused person . ”
His counsel , Ampem Chambers, who are still
trying to secure him bail have submitted a CCTV
footage of what purportedly tran spired between
him and a 19 - year- old alleged rape victim to a
Human Rights Court in Accra .
The said CCTV video has since gone viral on
social media with KKD and his alleged rape
victim walking majesti cally in and out of the
hotel room .
“ The complainant was captured by CCTV footage
in the hotel romantically kissing the accused
person before the alleged non -con sensual 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 manner as they entered
the hotel suite, ” he said in his affidavit in
support .
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 con tends
the use of force.
“ The facts again show that there were two other
people in the same room when the accused and
the victim went into the bath room , ” 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 noise
from the so - called victim in a show of
disapproval of the alleged sex that took place.”
KKD’ s lawyers argue 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.
KKD wants to impress upon the court that his
sexu al encounter with the lady was consensual ,
after the police charged him for rape and a
Magistrate ’ s Court subsequently denied him bail .
Afterthought
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 .
KKD’ s counsel further stated that the continuous
detention of the accused person in custody is in
fra grant disregard of his fundamental human
rights and his constitutional rights to liberty,
especially on the basis of facts which do not
prima facie ground a charge of rape .
The affidavit stated that the court should not
with hold bail as a punishment , adding that “ in
the circum stances, we pray that this honourable
court exercise its discretion by admitting the
applicant to bail pending trial if any .”
News of the alleged rape at the African Regent
Hotel in Accra went viral on December 27 last
year , when he was detained by the Air port
Police the same night .
The police subsequently arraigned him before the
Adjabeng District Court for the offence of rape ,
contrary to section 98 of the Criminal Offences
Act , 1960 ( Act. 29 ) as amended.
His plea was not taken and the Magistrate ,
Adwoa Akyaamaa Ofosu , refused him bail by
remanding him into police custody until Jan uary
8 , 2015.