Police prosecutors may have just taken showbiz personality Kwasi Kyei Darkwah (KKD) to a court without proper jurisdiction to hear the rape charge brought against him.
Kwasi Kyei Darkwah was Tuesday brought before a Kaneshie District Magistrates' Court which remanded into police custody for allegedly raping a 19-year-old lady.
But private legal practitioner, Samson Lardy Anyenini says, "Rape attracts between 5 to 25 years (prison sentence on conviction). A District Court has jurisdiction in criminal matters only to the extent that the punishment for the offence does not exceed 2 years."
It is, therefore, his contention that the Kaneshie District Magistrates' Court was the wrong forum for the police to have sent the entertainment icon.
Mr. Anyenini believes lawyers of KKD ought to have gotten the case thrown out, even if temporarily, on account of that blunder by the police.
One of the lawyers, Nana Asante Bediatuo, however, believes the forum was not wrong. The renowned radio personality and entertainment icon was remanded in police custody over a charge of rape brought against him by the police.
KKD, as he is popularly called, is alleged to have raped a 19-year-old lady in the washroom of a hotel in Accra.
The Ghanaian celebrity was arrested by the police on Saturday, December 27, for the allege crime.
He was detained by the airport police over the allegation but his lawyer, Nana Asante Bediatuo who visited him, expressed confidence he would be granted bail.
The showbiz personality later admitted he had sex with the lady but denied it was without her consent.
KDD said he actually had a drink with the lady after the act but was picked up shortly after two gentlemen, whom he suspects have a relationship with the lady, lodged a complaint against him alleging he raped the lady.
Sunday, the police made things murkier by publicly announcing that KKD was being investigated for sexual assault, an unknown offence in Ghana's criminal justice system.
KKD was expected to be taken to court on Monday, but the police failed to do so.
The entertainment icon appeared in court Tuesday with his lawyers hopeful that he would be granted bail.
The Magistrates' Court had other ideas; it remanded the iconic entertainer, compounding his magnificent fall in a matter of days.
But Mr. Anyenini is arguing that the court that remanded KKD had no jurisdiction to hear the matter.
According to him, the patently flawed process can be quashed at the high court.
Source: JFM/Ghana
| Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority. |
