High Court presided over by Court of Appeal judge, Justice Afia Serwaa Asare Botwe will on 13 June 2024, deliver a ruling on a request by lawyers of the 3rd accused person, Richard Jakpa, to tender into evidence, a secret audio recording.
The secret recording is a conversation between the Attorney-General Godfred Yeboah Dame and the third accused Richard Jakpa.
At the commencement of court proceedings yesterday, the 16-minute audio recording was played in open court.
After it was played, the Director of Public Prosecution (DPP) Yvonne Atakora Obuobisa, opposed the request for the same to be tendered into evidence.
The financial and economic crime high court, had on 6 June 2024, dismissed four applications filed by Cassiel Ato Forson and Richard Jakpa, the two accused persons standing trial for causing financial loss of €2.37 million to the state.
Opposition by state
The DPP argued that no sufficient foundation has been laid by lawyers for the first accused person to warrant the recording’s inclusion into evidence in the ongoing criminal trial of Cassiel Ato Forson, Sylvester Anemana (Discharged) and Richard Jakpa.
“My lady will note that by its own ruling, this court admitted into evidence this same recording that counsel seeks to tender in through cross-examination of the third accused.
“In that motion for injunction and stay of proceedings, there was some relevance for which this court could admit to determine whether the Attorney General sought to implicate the 1st accused person through the evidence of 3rd accused.
Having listened to the tape, you found it insufficient to grant the application. My lady placed negligible weight on the tape,” the Director of Public Prosecution (DPP) Yvonne Atakora Obuobisa said in open court.
The DPP added that, “This recording is of no significance whatsoever in arriving at any decision in respect of the action of the accused persons that have resulted in financial loss to the state.
“Even if they were to cross the relevance hurdle which they have woefully failed to, the constitutional hurdle which borders on the privacy of all individuals will also [catch up with them].
“This recording is irrelevant and has also breached the rules on the right to privacy of the Attorney General, and it ought to be dismissed.”
Contention of defence team
Dr Bassit Aziz Bamba, lawyer for 1st accused person, Cassiel Ato Forson, who is currently cross-examining the 3rd accused person on his part indicated that the objection of the DPP is frivolous and should be overruled.
The content of the audio, he said “is relevant to the ongoing criminal proceedings because it relates to discussions about the subject matter of the supply agreement and the authorisation that was sent by the Minister of Finance to the Bank of Ghana for the Letters of Credit to be established.”
“The tape is relevant as to whether or not any financial loss at all has been caused to the state. In the tape, we hear that it was Anemana who authorised payment for the LC and not A1 (Ato Forson). So, without a doubt, the tape is relevant, and we ask the court pursuant to section 51 of the evidence act rule that it is relevant and admissible,” Dr. Bamba added.
By court
Justice Afia Serwaa Asare Botwe’s court after hearing the Director of Public Prosecutions (DPP) and the defence lawyers indicated that she will adjourn the sitting to Thursday, 13 June 2024 to deliver a reasoned ruling on the admissibility of the secret recording in the trial and for the case to take its natural cause.
The court also made an open appeal to the defence lawyers, in particular, to assist it in speeding up the trial process and to ensure that the trial is concluded by the end of July 2024.
If this happens, the court says it will then be able to deliver its judgment in October 2024 when the 2024/2025 legal year commences.
