STATEMENT: KKD Case Not Over...Why We Filed A 'Nolle Prosequi' - Attorney General
Fashionista, Kwesi Kyei Darkwa (KKD), who was committed to stand trail by the Kaneshie Magistrate Court on February 19, 2015, at the Fast Track High Court after he had been charged with raping a 19-year-old girl at the African Regency Hotel, was discharged by the court after the state filed a "nolle prosequi".
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 on Wednesday,
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.
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.
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