Ghanaian showbiz icon, Kwasi Kyei Darkwah aka KKD, may forever have the ugly tag of ‘rapist’ around his neck and could be recalled for prosecution in future, though the State has filed a nolle prosequi (NP) to discontinue the court case, says popular Ghanaian lawyer, Maurice Ampaw.

Mr Ampaw, expressing his legal opinion on the decision of the Attorney-General (A-G), Marietta Brew Appiah-Oppong, to file a nolle prosequi, described the decision as “unfortunate, regrettable and curious”.

“I am not looking at jail and conviction. I am calling for a full trial so that we can conclusively determine the end of this case. A trial would have allowed KKD to be acquitted and discharged if he is innocent. As at now, he is not yet pronounced to be a free man and the case can be called back.

“KKD is not innocent and has not been declared innocent by any court. The tag of rapist is still on him. The courts have not removed that tag from him. All the court said was that it was not interested in prosecuting the matter now,” Maurice Ampaw explained on Okay FM Thursday morning.

He continued: “Apart from the A-G, no one can drag him back to court. The rest of us can only raise issues at the number of cases being discontinued by the A-G, the many nolle prosequi being filed these days and the number of judges raising issues why the A-G’s Department does not seem serious in prosecuting cases.

“This is affecting the image of the Attorney-General and making people’s confidence in that Ministry go down just because the Attorney-General is backing out of too many cases. The KKD case was a good [opportunity] for the Attorney-General to redeem its image if it had gone on a full and proper trial.”

Lawyer Ampaw opined that even under the circumstances, the A-G could have gone ahead with a full trial to determine the merits of the case and either exonerate KKD or fix culpability where it is due.

“Number one, the girl has written her statement to the police, investigators have gone to the crime scene, there is evidence of sex, and a violent sex that led to bleeding and thorn hymen and lacerations all over her genitals. Investigators have all these facts. Medical Doctors have examined the girl and come out with their reports.

“These doctors are there to testify, KOD is there to testify because they were all there at the crime scene. If you have all this evidence and you know there is a law backing you that it is only an accused person who has the right to keep quiet but witnesses do not have that right and therefore the court can subpoena a witness to appear, why did they not go ahead with a full trial?

“The girl has not said she was not raped. She insists she was raped, but says that the insults and pressure is making her back out. I think the lady involved realised that the suspect is a high profile person and the pressure keeps rising,” he said.

Ampaw continued: “I have said this and would continue to say it that in this country, it seems public figures, celebrities, rich people, politicians, those who have, the bourgeoisie are above the law because they have contacts and the money. The propaganda and attempt to free KKD started from the word go and there are many people willing to plead on his behalf and put pressure on the lady’s family.

“Those pastors who were begging for KKD should get ready to go begging for the other poor people who have also been charged for same offence. There are thousands of such accused persons all over but they are the poor, underprivileged, and matter to nobody. Many are on remand for false charges of rape but the State is not filing nolle prosequi.”