The High Court in Accra yesterday dismissed three applications filed by Dr Cassiel Ato Forson, Minority Leader in Parliament, for mistrial in the ongoing 2.37 million euros Ambulance Case.
The court presided over by Justice Mrs. Afia Serwa Asare-Botwe, Court of Appeal Judge, sitting as an additional High Court Judge, her 40-page ruling, also dismissed two similar applications filed by Businessman Richard Jakpa, who is also being held in the case.
”I shall decline the invitation for a mistrial as there is no provision under the rule of law for the court to declare a mistrial.
“There is also no basis to allow inquiry into the Attorney General ‘s conduct.”
The Court, however, advised the Attorney-General, Mr Godfred Yeboah Dame, to as an individual, to stay off the matter and not be directly involved in the ongoing case.
However, it is not clear if the Attorney-General Godfred Yeboah Dame will heed to the advice.
The applications were seeking the order of the court to inquire into the activities of the Attorney-General on alleged private phone conversations he had with Mr Jakpa.
The order for mistrial was to truncate the ongoing trial, with an order for stay of proceedings pending the determination of the court’s rulings.
Additionally, Mr Jakpa was seeking an order from the court striking out charges preferred against him.
The Court, in its ruling, held that it had not been conferred with the powers to determine matters of misconduct, and that issues of misconduct were solely determined by the General Legal Council.
It held that after listening to the audio recordings of the conversation between Mr Jakpa and the Attorney General 10 times, there was no indication that he (the AG) asked Jakpa to help him make a case against Dr Forson.
Despite the advice given, the Attorney-General went ahead with the prosecution of the matter as the court decided to continue with cross examination of Mr Jakpa.
Meanwhile, Mr Jakpa has produced and tendered pen-drives of the alleged private conversation between him and the Attorney General.
The two applicants are standing trial for allegedly causing financial loss of 2.37 million euros to the State through the procurement of some ambulances for the Health Ministry.
Dr Forson was granted a self-recognizance bail of GH¢3million for allegedly willfully causing financial loss of 2,370,000 euros to the State.
He is also facing an additional charge of “Intentionally misapplying public property contrary to section 1 (2) of the Public Property Protection Act, 1977 (SMCD 140).”
Mr Jakpa was also granted bail of five million Ghana Cedis with three sureties one of whom must be justified with documents of landed property.
The trial will continue June 11, 2024.
NDC’s lies exposed
Meanwhile, the National Organiser of the governing New Patriotic Party (NPP), Henry Nana Boakye, has rubbished allegations that the trial judge has directed the Attorney-General to recuse himself from the case.
National Communications Officer of the main opposition National Democratic Congress (NDC) Sammy Gyamfi alleged that the judge had ordered the Attorney-General to recuse himself.
However, in a statement issue yesterday, Nana Boakye popularly known as ‘Nana B’ described the allegations as blatant falsehood.
“My attention has been drawn to a statement by NDC’s National Communication officer claiming that the judge in the ambulance trial has directed the Attorney General, Godfred Dame, ‘to stay away from the trial on grounds of professional and prosecutorial misconduct’”.
“This statement is blatant falsehood and a complete misrepresentation of what transpired in court today. As a matter of fact, the court dismissed all the four applications filed by Dr Ato Forson and Richard Jakpa seeking to truncate the criminal trial and an order of inquiry into the conduct of the AG.
“The court said there was no legal ground for any of the applications by the two accused persons. Obviously, disappointed by the ruling, The NDC is only seeking to mislead and deceive the public once again.
“The learned judge only advised the AG that in view of all that had happened, she would advise him not to personally conduct the matter but rather allow the other attorneys of the Office of the Attorney-General to continue with the trial. The judge actually clarified after the ruling that she never ordered the Attorney-General not to continue handling the matter.
“On the issue of the admission of the secretly recorded telephone conversation, the court stated that the admission of the tape has no bearing on the weight to be placed on it. In the circumstances of this case, the judge said that the tape was not relevant as the conversation did not show that the Attorney-General asked Richard Jakpa to help him make his case.
“She said she had listened to the tape 10 times and did not hear the Attorney-General say those words. On the contrary, those words came from Richard Jakpa himself,” Nana B concluded.
