One of Kwasi Kyei Darkwah’s lawyers is “disappointed” in the court for refusing his client bail Tuesday, on his first appearance in court over rape charges.
KKD has been behind bars since Saturday night at the Airport Police Station for allegedly having sex with a 19-year-old girl Ewuraffe Orleans Thompson without her consent.
The prosecution argued in court rape is a non-bailable offence hence the accused must be in cells until investigations are over. The embattled CEO of Finest Productions has been remanded till January 8, 2015.
After the hearing, lawyer Bediatuo told the press he is “disappointed because the facts as adduced by the prosecution do not establish on the face that indeed a crime has been committed.”
He added: “Even though a crime of rape on the Statute book is non-bailable in certain circumstances, the court has granted bail before but we’ll take it a bit further.”
Meanwhile, a private legal practitioner, Samson Lardy Anyenini said issues about bail in cases such as rape among others “is a straight forward matter.”
Speaking to Accra-based Joy FM, Anyenini said “bail is a discretionary relief… so a judge has the right to determine upon the circumstances available to that judge that the accused will make himself available… however, when it comes to matters of treason, narcotics, rape… the law has taken away the judge’s discretion.. So generally bail in cases like rape and defilement is not available to the accused.”
According to the fact sheet, the 49-year-old accused broadcaster “forcibly had sex with the complainant” in a washroom at the African Regent Hotel. The victim later reported to the police, but KKD insisted it was a consensual sex.
source : starrfmonline.com