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.
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.”
“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.
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.”
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.