Trial will proceed

–Judge dismisses 5 applications seeking to halt case

A High Court in Accra has dismissed five applications filed in the ongoing 2.37 million euros Ambulance Case.

Three of the applications were filed by Dr. Cassiel Ato Forson, the Minority Leader, for mistrial.

The court, presided over by Justice Mrs. Afia Serwa Asare-Botwe, a Court of Appeal Judge, in 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,” she said. On the issue of an inquiry into the allegations of calls from the Attorney-General at odd hours, Justice Afia Serwah Asare-Botwe determined that the request has no legal backing.

The applications were seeking the order of the court to inquire into the activities of the Attorney-General regarding 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 to strike out charges preferred against him.

The Court, however, advised the Attorney-General, Mr. Godfred Yeboah Dame, to, as an individual, stay off the matter and not be directly involved in the ongoing case.

Mr. Dame stood up in an attempt to explain himself, but the judge maintained her stance.

The judge believes that the advice, if heeded, will help promote public confidence in the judicial system.

The Court, in its ruling, held that it had not been conferred with the powers to determine matters of misconduct.

She urged the applicants to direct the issue to the General Legal Council (GLC), as it is the appropriate authority to conduct probes into matters of ethics in the legal profession.

It held that after listening to the audio recordings of the conversation between Mr. Jakpa and the Attorney General, there was no indication that he (the AG) asked Jakpa to help him make a case against Dr. Forson.

Despite the advice given to the AG, Mr. Dame says he will not recuse himself.

He went ahead with the prosecution of the matter as the court decided to continue with the cross-examination of Mr. Jakpa. Addressing the media after the proceedings, Mr. Dame said he has decided to proceed with the case.

“The judge, after the ruling, clarified that she has not given such order at all and that it was only advice. I’m conducting the matter, I’m still conducting the trial,” he said.

The Attorney General also expressed satisfaction with the verdict given by the judge.

“The most important thing today is that all the applications filed by the applicants have been dismissed.

“All the five applications have failed and in reaction to this, I will say that this clearly shows that a group of people in this country who ride on manipulations of facts, distortions, and deceptions are seeking to mislead the public. Today, they have been exposed,” he added.

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 self-recognizance bail of GH¢3 million for allegedly willfully causing financial loss of 2.3 million (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 on June 11, 2024.