KKD to be tried at High Court

K K DThe alleged rape case involving broadcaster, Kwasi Kyei Dar-kwa, known in showbiz as KKD, was yesterday moved to an Accra High Court for trial on March 18.

This follows a judgement by the Kaneshie Magistrate’s Court during the committal trial yesterday, which ruled that the prosecution had a case and could proceed to the High Court to prosecute him.

The accused, prior to the trial admitted that he had been served with the bill of indictment and the summary of evidence.

The state prosecutor, Malike Woanya, told the court that on December 27, 2014, the victim, Ewuraffe Orleans Thompson, accompanied her cousin, Abena, to a fashion show dubbed, “Rep the runway fashion show” at the African Regent Hotel.

She said at the hotel, they met KKD, who made some remarks about the victim and they became friends. They walked to the hotel lobby where KKD introduced her to Kofi Okyere Darko (KOD) and Benny Blanco, and told them the victim was his new friend.

The prosecutor added that after the pleasantries, KKD told the victim and her cousin that he would make them the faces of the Ghana Tourism Campaign after which a publicist, by name Ameyaw Debrah and KKD took photographs of them.

They later took a lift to the suite together with the victim’s cousin and KOD.

In the living room, the victim and her cousin were offered drinks but they refused. The accused then went to the washroom, came out, and invited the victim in to help him with his make-up.

She said when the victim entered, KKD started making sexual advances which the victim tried to resist, but KKD insisted and locked the washroom.

The prosecution said KKD immediately took off his pants, and the victim told him she was a virgin, but KKD overpowered her and forcibly had sex with her.

Woanya said at a point in time, the cousin of the victim, who was in the living room with KOD, heard some noise from the washroom and decided to intervene but KOD raised the volume of the song being played, claiming it was his favourite and asked her to sit down.

She further stated that after the accused had forcibly had sex with her, there was blood oozing from her private part so the accused gave her tissue paper to clean off the blood and assured her that he would give her postinor, an emergency pill to prevent pregnancy after the unprotected sex. Blood continued to ooze, and the victim had to sit on the water closet for a while before getting out.

The victim then narrated her ordeal to her cousin, following which a complaint was made at the Airport Police Station and a police form issued to her to seek medical care.

The state prosecution said, the victim went to the Police Hospital where an examination was conducted on her.

According to the medical report presented by the prosecution, the victim was previously not sexually active and that there were abrasions on both her labia majora and minora and her hymen was torn, adding that there was presence of spermatozoa.

She said upon that, the accused was arrested and subsequently arraigned before court adding that the accused denied the charge of rape.

The prosecution told the court that, they had enough evidence to commit the accused and begin trial at the High Court.

Based on that, the prosecution impressed upon the court to commit the accused for the crime of rape.

Counsel for the accused, Anthony Forson Junior, prayed the court to refuse to commit his client for the crime, arguing that they filed a document dated January 15, which they would rely on at the High Court.

According to Mr. Forson, the document was a letter written by the victim, the third prosecution witness, indicating she was no longer interested in the case.

He said in a rape case, the evidence of the complainant was paramount in the determination of the case, and in the situation where the first prosecution witness had withdrawn her interest, there would be no basis for the prosecution.

He said in the law of rape, there was the scandal and the burden of proof, explaining that in the scandal of proof, the complainant must demonstrate before the court, the process of rape and later be cross-examined by the counsel for the accused.

He said the burden of proof would then be shifted to the accused, but in the case of his client, the complainant would not corroborate with prosecution for all these processes to take place.

The court presided over by Mrs. Adwoa Ofosu Akyamaa, said it did not rest with the District Magistrate’s Court to decide whether there was a prima facie case, and at this stage the credibility of the witness did not arise as portrayed by the counsel for the accused.

She therefore committed KKD to the crime of rape and ruled that the prosecution had a case, and could go to a higher court.

By Edem Mensah-Tsotormeh

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