Lawyer for ace broadcaster, Kwasi Kyei Darkwa (KKD), Gary Nimako Marfo says he doubts if the rape case leveled against his client will resurface again in court.
He said the Attorney General has realised that there is no substantial evidence to back their case hence the decision to quietly discontinue the matter because she cannot use the public purse to embark on a fruitless venture.
Speaking on Adom FM’s ‘Dwaso Nsem, Thursday, the private legal practitioner said “technically” the case has ended and “I don’t foresee this case ever coming up again”.
KKD walked out of court a FREE man Wednesday after the state went to court stating it was no longer interested in prosecuting the case. The court discharged of the charges of rape. It has been suggested that the state can bring the renowned broadcaster back to court if it obtains evidence it deems substantial enough to warrant a conviction.
But Gary Nimako believes that before the A-G and her advisers filed a Nolle Prosequi, they would have weighed the OPTIONS and properly thought through it and noticed that it will be in the interest of the state and the persons involved to discontinue the case.
He added that the State has probably recognised that it might not be able to find substantial evidence which will be used to prosecute his client and “upon second thought they decided to discontinue the case”.
He also noted that there is also no way the State could have prosecuted the case after the victim revealed she was unwilling to cooperate with the prosecution.
KKD denied raping her, saying that they had consensual sex.
He was detained in police cells for three days and denied bail on several occasions
Ewuraffe later wrote a letter to state prosecutors demanding that that the case be discontinued saying that state prosecutors could not count on her testimony.
She noted that the media frenzy that accompanied the case was a disincentive for her cooperate with state prosecutors.
However, state prosecutors maintained that they had enough evidence to continue with the matter.
A seven-member jury was to be constituted to hear the case Wednesday but this did not happen. The State prosecutor filed a case of Nolle Prosequi paving the way for the court to discharge KKD.
His lawyer said even though legally, the A-G’s department can bring KKD back to court, he does not see that happening.
Lawyer Nimako stated that the accusation leveled against KKD still remains “a mere allegation which has not been proven by any court and so I really don’t foresee the case coming again.”
The INDICATED that the family of KKD would see the family of Ewuraffe to bring both families together to foster peace.