The Kaneshie Magistrate Court on February 19, 2015, committed him to stand trial at the Fast Track High Court but a Chief State Attorney, Mrs Yvonne Attakorah-Obuobisa announced the state’s decision to discontinue with the case at the High Court’s sitting in Accra Wednesday April 22, 2015.
Graphiconline’s court correspondent, Mabel Aku Baneseh, reports that Mrs Attakorah-Obuobisa informed the court, presided over by Mr Justice Bright Mensah, of the state’s decision to file a nolle prosequi.
Thus, KKD is a free man for now. He left the courtroom in the company of his sympathisers elated.
A press release signed by the Attorney-General and Minister of Justice, Mrs Marietta Brew Appiah-Opong cited the unwillingness of the victim and her family members to testify as the main reason for discontinuing the case.
It however indicated the preparedness of her outfit should the witnesses avail themselves.
Reasons for nolle prosequi
The press release noted among other issues that “the victim in this case Ewureffe is still very unwilling to testify in court.
The victim states that she is highly traumatized by the incident, the events of the day, and its aftermath – and so, is not in the right frame of mind to appear before the court.
Thus 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,” the release continued.
“The AG is mindful of the provisions under the Prosecutors code one of which is that the best interest of the victim is to be considered in cases of this nature in deciding whether to prosecute a case or not, “it noted.
Turning to the other reason, the release noted that “the other witnesses in this case who are mostly family members of Ewureffe are also very unwilling to testify.
“The Attorney General believed in the case and so held on to it with the hope that the witnesses will willingly appear to testify when they are needed by the court. This is not to say that the AG is unaware of the various legal processes at her disposal to compel the witnesses to appear before the court.
It is to be noted that the Attorney General still believes in the case and reserves the right to commence the prosecution once the victim and witnesses are ready,” the press release added.
Arrest and defence
KKD was charged with rape but he denied the allegation on the grounds that the sexual encounter with the victim was ‘consensual’.
He was arrested at the African Regency Hotel on Saturday, December 27, 2014, following the alleged rape, which reportedly took place in the washroom of the hotel.
Withdrawal of case
On January 12, this year, the 19-year-old alleged rape victim expressed her disinterest in pursuing the case.
She consequently communicated her decision to the police and made copies of the letter available to the Director of Public Prosecutions, the registrar of the High Court and the Chief Justice.
The two-page letter, signed by the victim and issued on January 12, 2015, called on the authorities to stop the case as she would not co-operate in the trial.
In a statement signed and issued in Accra by KKD on January 13, 2015, he asked the public to forgive him for the ridicule and disgrace he had caused his family and that of the victim.
He blamed his shortcoming on what he described as “fleeting pleasure of the flesh” and acknowledged that he had sinned and prayed for God’s forgiveness.
He also expressed deep regret for the harm he had done the young victim and asked the media to spare her, her family and his from further agony.
The Human Rights Division of the Accra High Court granted bail to KKD on humanitarian grounds on January 15, 2015.
The court had considered his ill health and said it was unfair for him to remain in police custody while undergoing medical treatment at his own expense.
It also said the state had failed to ensure that his health needs were met without cost to him, since the “right to life is inviolable and this court has a duty to enforce that”.
The court subsequently granted KKD bail in the sum of GH¢20,000 with two sureties.