Baring any last-minute hitches, showbiz icon Kwasi Kyei Darkwah aka KKD is expected to appear before an Accra Fast Track High Court to stand trial over alleged rape charges.
A Kaneshie district magistrate court presided over by Mrs Adwoa Akyaamaa Ofosu, last month committed KKD for trial at the high court after the prosecution had said it had established enough grounds to secure conviction for the accused, despite the spirited arguments by Anthony Forson, counsel for KKD, for the court to reject the request.
The trial judge accordingly committed KKD to the crime of rape and ruled that the prosecution had a case and could go to a higher court.
The state prosecutor, Malike Woanya, who read the Bill of Indictment, was emphatic that contrary to KKD’s earlier submission that he had consensual sex with the victim, the showbiz icon forcibly had sex with Ewuraffe Orleans Thompson, the 19- year-old victim, in the bathroom of African Regent Hotel at the Airport West residential area.
The Story
Narrating the series of events leading to the alleged rape incident at the hotel, Ms Woanya said on December 27, 2014, the victim accompanied her cousin, Abena Konadu Owusu-Akyaw, to a show dubbed “Rip The Runway Fashion Show.”
When they arrived at the hotel, they met one Kofi Kyei, Abena Konadu’s brother – one of the organisers’ of the event – and since the event had not started they decided to stroll around.
According to the prosecutor, on their way out at the drop-off area they met KKD, who said “Wow, what beautiful tall girls! You are ‘glamazons” and other remarks, adding that together they walked to the hotel lobby where KKD introduced them to his cousin, Kofi Okyere Darko (KOD) and Benny Blanco and told them they were his new friends.
Ms Woanya stated 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.
The accused and Effe, together with Abena, Benny Blanco and KOD, later took a lift to a suite in the hotel.
Prosecution said in the living room, the victim and her cousin were offered drinks but they refused and KKD then went to the washroom, came out and invited Effe to help him with his makeup.
Tight Grip
According to the copy of the Bill of Indictment sighted by Daily Guide, “as soon as she entered the bathroom, the accused locked the door and pulled her by the hand, held her really close and started caressing her.”
It continued, “She was alarmed and pulled away but the accused got aggressive, turned her round and bent her over the wash hand basin and tried penetrating her from behind.”
It further stated that the complainant resisted, screamed and begged KKD who had removed his pants to leave her alone, adding that “she cried and begged the accused to let her go as she was a virgin and had not done anything like that before.”
The Bill of Indictment, however, stated that KKD’s overwhelming body weight on Ms Orleans Thompson made it difficult for her to free her hands and push him away.
Unprotected Sex
It said, “Since the accused refused to let her go, in trying to deter him, she asked if he (KKD) had a condom but he said he did not have a condom.. .she tried outwitting the accused by saying she would come over another time in order for him to let her go but the accused did not budge.”
The prosecution indicated that KKD opened the complainant’s thighs, pulled her panties down and finally succeeded in penetrating her. After having sex with her against her will, she was bleeding and KKD handed her tissue paper to wipe up and told her to sit on the water closet and allow the blood to flow.
“The accused gave her more tissue to pad up as he washed his penis (and) promised to give her Postinor to avoid pregnancy,” the document stated.
The Bill of Indictment further revealed that shortly after, someone knocked on the door and KKD responded and asked the complainant to be quick, insisting that “she tidied up and flushed the blood and stained tissue papers in the water closet and they went out.”
According to prosecution, when they came out Effe informed Abena that KKD had raped her and while crying, told Abena Konadu everything that had happened.
KOD Factor
The prosecutor said that in the course of the sexual intercourse the victim was crying, making her friend who was in the room move to rescue her but she was prevented by KOD, telling the girl that the victim was fine and nothing was happening.
According to the prosecutor, Kofi Okyere Darko then increased the volume of the television or radio set or the device in the room to drown the scream of the victim who desperately needed assistance.
Doctor Speaks
The medical report captured by the Bill of Indictment, authored by Dr M. S. Akabua of the Police Hospital, said the victim was previously not sexually active and that there were “…abrasions on both labia minora and majora, hyperemic redness at the external urethral opening and posterior part of the vaginal opening. Hymen torn at multiple places with pin point bleeding areas and the presence of spermatozoa”.
Victims Letter
Mr Forson Jnr, counsel for the accused, prayed the court to refuse to commit his client for the crime, arguing that they filed a document dated January 15, which they intended to rely on at the high court.
“We intend to rely on this,” he stated, indicating that the state could not feign to have no knowledge of the victim’s withdrawal letter for the case to be discontinued.
According to Mr Forson Jnr, 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 is 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.
KKD is currently on a bail he secured at the Human Rights Court on humanitarian grounds in the sum of ?20,000 with two sureties.
-Daily Guide