He was being tried for raping 19-year-old Ewureffe Orleans Thompson.
His discharge was as a result of a nolle prosequi entered by the Attorney General (A-G) to discontinue prosecution.
KKD, wearing a blue black suit with a tie to match was very elated after the ruling, and gave a gentle smile in the court room.
KKD, his counsel, Anthony Forson Jnr and his family members who were in court to support him, beamed with smiles after the court discharged him of rape.
He then arranged his family members and posed for the cameras and embraced his 19 year-old daughter, Ohemaa Kyei Darkwa, and told her that she had brought luck to him at the court, since it was the first time she was in court.
However, several attempts by the media to interview KKD proved futile as he decided not to utter a word but pointed to the heavens, indicating that all thanks be to God.
The State Attorney, Mrs Yvonne Attakorah-Obuobisa drew the attention of the court to an application filed on Tuesday, April 21, before the court of their intention not to continue the case for now.
The State’s reason for filing the application was that, “the victim in the case, Ewureffe, was still very unwilling to testify in the court”.
She said the victim indicated that she was highly traumatised by the events and its aftermath and as a result, not in the right frame of mind to appear before the court, adding that “the Attorney-General believes that it is not in the best interest of the victim and the prosecution to present her before the court at this point in time”.
According to the prosecution, they were mindful of the provisions under the prosecutors code, one of which indicates that “the best interest of the victim is to be considered in the cases of this nature in deciding whether to prosecute a case or not”.
Additionally, she said the Attorney-General noted the unwillingness of other witnesses in the case who are particularly family members of the victim to testify, she stated.
Furthermore, the A-G believed in the case and so held unto it with the hope that the witness would willingly appear to testify, she stated.
“This is not to say that the A-G is unaware of the various legal processes at their disposal to compel the witness to appear before the court,” she stressed.
“The A-G still believes in the case and reserves the right to commence the prosecution once the victim and the witnesses are ready to testify,” she emphasised.
Consequently, the court presided over by Justice Bright Mensah discharged the accused on the rape charge preferred against him, based on the nolle prosequi filed by the state.
The case began when the broadcaster was arrested on December 28, by the Airport Police after Ms. Thompson accused him of raping her in a hotel bathroom.
KKD admitted having sex with her, but insisted it was consensual.
The entertainment icon was first arraigned before an Accra Magistrate’s Court for trial on December 30 and remanded in police custody.
At a point during the trial on January 8, the accused was rushed to the Police Hospital after complaining of a knee ache.
On Tuesday, January 14, the matter took a dramatic twist, when the 19-year-old girl in the centre of the alleged rape case wrote a two-page letter to the Director of Public Prosecution at the Attorney General’s Department and copied the Chief Justice, the Registrar of the High Court and the Ghana Police Service of her desire to withdraw the case.
Surprisingly, it was followed by an apology by KKD for his deeds which had brought him to public ridicule, and he asked the general public to pray for him.
That notwithstanding, the Acting Director of State prosecution, Ms. Cynthia Lamptey, assured the public that the prosecution would pursue the matter regardless of the letter received, and raised doubts about the authenticity of the signature of the lady
However, he was granted a GH¢20,000 bail on humanitarian grounds with two sureties by an Accra Fast Track High Court, presided over by Justice Essel Mensah on January 15.
Following the prosecution’s quest to pursue the matter, the Kaneshie District Magistrate Court, presided over by Mrs Adwoa Akyamaa Ofosu committed KKD to the charge of rape on February 18, urging the prosecution to proceed to the High Court for trial.
During the first sitting on March 18, the High Court granted the request of the state for jury trial and adjourned the case to yesterday, April 22 for the members of the jury to be constituted for the commencement of the trial.
Surprisingly the court was served with a notice of nolle prosequi by the State Attorney to discontinue the case.
By Edem Mensah-Tsotorme