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 transpired 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 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 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 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.
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 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.”
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.
His plea was not taken and the Magistrate, Adwoa Akyaamaa Ofosu, refused him bail by remanding him into police custody until January 8, 2015.