The Attorney General, Marrietta Oppong-Brew has disclosed that the rape case against broadcaster Kwasi Kyei Darkwah (KKD) may not be over yet. It was only dropped because the alleged victim was unwilling to testify.
The state filed a Nolle Prosequi Wednesday, indicating the state was no longer interested in prosecuting KKD, who was standing trial for allegedly raping Miss Ewuraffe Orleans Thompson.
The Airport Police arrested KKD on December 27, 2014 after a 19-year-old lady, Miss Ewuraffe Orleans Thompson, accused him of raping her in a hotel washroom.
State prosecutors had vowed to prosecute KKD even though the alleged victim, 19-yar-old Ewuraffe Orleans Thompson had written to them declaring her disinterest in the case.
They, however, beat a retreat when the case was called Wednesday.
Explaining the reasons why the state dropped the case, the state in a communique said the decision was taken because “the victim in this case Ewureffe is still very unwilling to testify in court. The victim states that she is highly traumatized by the events of the day of the incident and its aftermath and so is not in the right frame of mind to appear before the court.”
“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 statement added.
The AG stressed that it 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.
The statement also noted that “other witnesses in this case, who are mostly family members of Ewuraffe are also very unwilling to testify.” The A-G’s department, in spite of the challenges, said it still believes in the case reserves the right to commence the prosecution once the victim and witnesses are ready.
Read the full statement below:
Reasons for issuing a Nolle Prosequi in the case of Republic V Kwesi Kyei Darkwah
The victim in this case Ewureffe is still very unwilling to testify in court. the victim states that she is highly traumatized by the events of the day of the incident 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 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.
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 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.
Signed.
