WE KISSED BEFORE SEX-KKD CHARGES

In his bid to secure bail pending trial,
embattled broadcaster and showbiz icon Kwasi
Kyei Darkwa, popularly called KKD, has
submitted a CCTV footage of what purportedly
transpired between him and a 19-year-old
alleged rape victim to a Human Rights Court in
Accra.
KKD wants to impress upon the court that his
sexual encounter with the lady was consensual,
after the police charged him for rape and a
Magistrate’s Court subsequently denied him bail.
In a motion on notice filed by his lawyers,
Ampem Chambers, KKD said the footage
contained a scene of romantic kissing between
him (the accused) and the complainant.
The said CCTV has since gone viral on social
media with KKD and his alleged rape victim
walking majestically 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-consensual 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 same manner as they
entered the hotel suite,” he said in his affidavit
in support.
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 Airport
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.
Caged
His plea was not taken and the Magistrate,
Adwoa Akyaamaa Ofosu, refused him bail by
remanding him into police custody until January
8, 2015.
Not satisfied, KKD’s legal team proceeded to a
Human Rights Court to fight for bail for him
pending trial and as a result, attached the CCTV
footage to the motion filed on notice.
In the 30-paragraph motion, KKD says “there is
nothing in the facts to show that the accused
had sex with the complainant without her
consent.”
Empty Facts
“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.”
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 contends
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 bathroom,” 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.
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
fragrant 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
withhold bail as a punishment, adding that “in
the circumstances, we pray that this honourable
court exercise its discretion by admitting the
applicant to bail pending trial if any.”
Facts
It is the case of the prosecution led by ACP
Moses Atibilla that KKD, aged 49, at about 9pm
on December 27, 2014 at the African Regent
Hotel in Accra had carnal knowledge of the 19-
year-old student (name withheld) without her
consent in a bathroom.
He said at about 7:30pm on the aforementioned
date, there was an event called “RIP the
RUNWAY Fashion show” organised at the Hotel,
which the complainant attended with the cousin.
ACP Atibilla stated that when the two arrived at
the show, they met the accused person in front
of the hotel and after pleasantries and
attractions, they walked into the lobby where
KKD introduced them to his cousin.
The prosecution said the complainant and the
cousin took a few pictures with the accused
person, his cousin and other men.
ACP Atibilla said KKD, who admired the height
of the complainant, asked her and her cousin to
accompany them to the hotel room to apply
powder on his face before the show, since he
would be on stage and be captured by TV
cameras.
According to the prosecutor, the complainant
and the accused took a lift to the third floor of
the hotel and went into the hotel room together
with her cousin and KKD’s cousin.
The prosecutor noted that they were offered
drinks but they refused and sat down.
He said whilst there, KKD called the complainant
to come and help him do the make up in the
washroom, which she obliged and entered the
washroom leaving the two in the living room.
ACP Atibilla stated that KKD forcibly had sex
with the victim in the washroom and a report
was made to the police and medical form issued
to the complainant to attend hospital.
Prosecution said when the accused was arrested,
he denied the offence and stated that the
complainant gave her consent and that he did
not force her.

Source:233times