A private legal practitioner, Waheed Bampuri, has commended the Attorney General (AG) for filing a nolle prosequi in the rape case involving ace broadcaster, Kwesi Kyei Darkwa (KKD).
[contextly_sidebar id=”rnRNir07Ctk52RQVtZG6XMAiEKdgJ23T”]Lawyer Bampuri said he was certain the AG realised that her outfit was using tax payers money in prosecuting “so if they realize that it is likely to be a waste of the tax payers money, I think the proper thing for her to do is to withdraw from this matter.”
He explained that a cursory look at the circumstances surrounding the case indicates that discharging KKD is the best interest of the alleged 19-year-old victim, Ewuraffe Orleans Thompson.
KKD was on Wednesday discharged by the court after the state prosecutors filed a nolle prosequi a day before the court hearing.
“I think that looking at the circumstances of the case, the Attorney General has come to realize that under the circumstances, it’s only proper for them to enter a case of nolle prosequi in the matter,” he remarked.
A statement from the Attorney General (AG) explained among other things that a nolle prosequi was filed because the victim had indicated that she is highly traumatized from the incident and its aftermath thereby rendering her incapable appearing in court.
The AG further stated that the other witnesses in this case who are mostly family members of Ewureffe are also unwilling to testify.
The AG vowed to continue the prosecution of the alleged rape case despite the victim’s request for the court to drop the matter.
A seven-member jury was scheduled to be selected to hear the case until Wednesday’s development.
However, in an interview on Eyewitness News, Lawyer Bampuri said despite all odds, the AG “bravely held on to this case even though it was obvious that as at now, the victim was not ready to give evidence in court.”
AG can continue the case anytime
Lawyer Bampuri however warned that the AG can at any time deceide to continue the prosecution of the case.
He pointed out that filing a nolle prosequi, “doesn’t mean that the case cannot come up again. It only means that the accused person has been discharged but he has not been acquitted and discharged.”
He added that in the matters of nolle prosequi, “it means you are not willing to prosecute but it does not mean that the person has been acquitted and discharged.”
The lawyer observed that the means the AG used to discontinue the case gives her the power to come back whenever the circumstances change.
Don’t blame the victim
Lawyer Bampuri however cautioned that it is unfair for a section of the public to suggest that the alleged victim must be prosecuted for refusing to testify thereby helping to conceal a crime against herself.
“I know that we all feel very strongly about issues of sexual offences, rape and other things but in as much as we feel that way, let us look at the circumstances of the victim,” he advised.
By: Efua Idan Osam/citifmonline.com/Ghana
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