THERE IS NO PROOF OF RAPE BY ACCUSER - KKD'S COUNSEL

Legal counsel for popular entertainer, Kwasi Kyei
Darkwa (KKD) has 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 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 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.
Source: Daily Guide