Victim’s letter
Anthony 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 pretend 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 star prosecution witness, indicating she was no longer interested in the case.
He said in a rape case, the evidence of the complainant was paramount in the determination of the case, and in the situation where the first prosecution witness had withdrawn her interest, there would be no basis for the prosecution.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’s lawyer stated that in the law on rape, there was the scandal and the burden of proof, explaining that in the burden of proof, the complainant must demonstrate before the court, the process of rape and later be cross-examined by the counsel for the accused.
He said the burden of proof would then be shifted to the accused, but in the case of his client, the complainant would not collaborate with prosecution for all these processes to take place.
Despite the spirited argument of the defence team, the trial judge committed the rather stunned KKD to stand trial at the High Court.
Mr Forson Jnr nonetheless served notice of a possible appeal, saying, “we intend to contest this ruling.”
An Accra High Court is, however, expected to commence trial of the case on March 18, 2015.
KKD is currently on bail, which he secured at the Human Rights Court on humanitarian grounds in the sum of GHȻ20,000 with two sureties after he had been on a 19- day remand at the Airport Police for the offence.
The court granted the bail because counsel for the accused person filed supplementary affidavits on January 6 and further affidavits on January 8, 2015 supported by a medical report.”
Now what do you think?
This post was published on February 24, 2015 3:27 PM
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