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We Had Sex! Says KKD – Battles For Freedom

law & justice

Kwasi Kyei DarkwaWe Had Sex! Says KKD – Battles For Freedom

30 December 2014

An Accra Circuit Court is today expected to begin the trial of the alleged sexual assault case involving showbiz icon Kwasi Kyei Darkwa, as his counsel fights for his freedom.

 

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Popularly known as KKD, Mr Kyei Darkwa was arrested Saturday night at the African Regent Hotel over alleged rape of a 19-year-old student, a claim that has been dismissed by his counsel, Nana Asante Bediatuo, who has explained that his client and the complainant had “consensual sex.”

According to counsel, KKD had not been “charged with any crime; we are looking forward to going to court and making a prayer to the court for bail,” he told the media.

The prosecution yesterday gave a hint that it was likely to arraign the accused before court but unable to do so.

Scores of journalists, sympathisers, relatives and close associates of KKD, who had earlier thronged the Cocoa Affairs Court in Accra, were disappointed after news broke that the suspect would no longer be brought for trial to commence.

Mr Darkwa, whose age was put at 49, has been in the custody of the Airport police in Accra since Saturday night, after a case of rape was reported by a 19-year-old student (name withheld for now).

He was subsequently picked up at the African Regent Hotel at the Airport Residential Area.

KKD, who is also the Chief Executive Officer of The Finest Productions, the police say, is facing a provisional charge of sexual assault and not rape as earlier speculated by a section of the media.

Photo Reporting: Nana Asante Bediatuo

Confusion

However, some legal minds are at a loss as to what constitutes sexual assault, which they claim, is unknown to the Ghanaian legal system. According to the legal luminaries, since there was an admission of penile penetration, police could prefer only rape charge if they had enough evidence to support the case, otherwise it’s going to be a foolish one.

Lawyer, Kissi Agyebeng, a private legal practitioner and Senior Lecturer at the Law Faculty of the University of Ghana, Legon, is incensed by the case of sexual assault being championed by the police.

Mr Agyebeng said the confusion in police communication regarding what the Ghanaian entertainment icon is to be charged with is a clear sign of diffidence on their part.

He said he was scandalised by the charge of sexual assault because there is no such offence in Ghana’s laws.

“What we have is ‘indecent assault’, which does not involve penetration [by the accused]“, Mr Agyebeng told Joy FM last night.

He said: “The police should be using the right terms. Rape is an assault alright, but if you are talking about ‘rape’ you must talk about rape. There is also what is called ‘indecent assault’ which in civil law is called sexual harassment. That is also different from rape itself.”

According to him, “It is very odd what the police are doing.”

He said rape is a first degree felony while indecent assault is not, hence the need for a clear distinction.

He has, therefore, charged the police to get their acts in order and come out with an appropriate charge against KKD.

The legal practitioner was also unhappy with the continuous detention of the entertainer.

He said it was not in contention that KKD had sex with the 19-year-old, “however what is left to ascertain is whether it was consensual or otherwise.”

Earlier at a news briefing, ASP Afia Tengey, Accra Regional Police Spokeswoman, told journalists that KKD would be with the police until investigations were over.

She recalled that on Saturday, December 27, 2014, a report of sexual assault was made against KKD, adding that “He is still in police custody and we have begun investigations into the issue. It is still premature and the police cannot make further statements until we have been able to delve into the issue.”

The spokeswoman said according to the victim, she was sexually assaulted and that the police needed more time to establish the truth (as to) whether indeed she was raped or not.

False Allegation

However, Nana Asante Bediatuo, who had been speaking on the issue, claimed that the allegation of rape levelled against his client was “false and ridiculous.”

“It is not true that he has raped anybody. He had a consensual relationship with a woman and for some reason – I don’t know and I don’t care what her motive is – she now claims it’s rape but that is false,” he insisted.

Family Anger

However, KKD’s family is not happy with what it suspects to be a foul play in the event leading to his arrest.

A family member told Citi FM that the complainant was forced to press rape charges against KKD by a third party.

“There is a whole lot of mischief. We all live in Ghana and we know how celebrities are sought after as far as getting them incriminated. We think it is a case of blackmail because what will a 19-year-old girl be doing with a 50-year-old guy in a hotel room? Why did she follow him to the hotel room in the first place? It was some boys who came to make the first complaint and the police told them to bring the lady,” the unnamed source told the radio station.

According to him, the complainant on reaching the police station, told police officers on duty and some cell inmates that she was not going to press charges against KKD.

“When the lady came she said it to the hearing of the police and some cell inmates that ‘I don’t want to press charges against KKD’ and she was being impressed upon. It is surprising that later on she had to change her statement and all that. We think there is a little bit of foul play,” he stated.

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By: Jeffrey De-Graft Johnson

Source: Daily Guide/Ghana





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