The High Court judge presiding over the ambulance case, involving Minority Leader, Cassiel Ato Forson and Mr Richard Jakpa, has advised the Attorney-General, Godfred Yeboah Dame to recuse himself from the trial.
This is after the judge found worrying the fact that the Attorney General engaged the third accused person Richard Jakpa outside of the court and discussed the facts of the case as well as the invitation to Richard Jakpa to submit a medical excuse to the court in furtherance of an adjournment.
The judge, however, noted that this encounter does not warrant enough grounds for prosecutions against the accused persons to be discontinued.
Justice Afia Serwah Asare-Botwe urged the Attorney General to distance himself from the direct prosecution of the case. This she believes is for the greater good of the judiciary.
The court also dismissed the application by Minority Leader, Cassiel Ato Forson for mistrial and to undertake an enquiry into the conduct of the Attorney General in the ongoing Ambulance case.
The court also directed Ato Forson to seek redress at the appropriate forum, the General Legal Council, if so minded.
The telephone recording between Mr. Jakpa and the Attorney-General has, however, been admitted into evidence despite protest from the Attorney-General that same was inadmissible.
Dr Ato Forson on Monday, June 3 filed a supplementary affidavit in support of the motion on notice for an order of mistrial, injunction and/or stay of proceedings in the ongoing ambulance case against him and two others.
Lawyers for the Ajumako-Enyan-Esiam legislator cited a leaked tape between the Attorney-General, Godfred Yeboah Dame, and the third accused, Richard Jakpa, in which the former allegedly attempted to coach the third accused to implicate Dr Ato Forson in the ongoing trial, for the application.
Ato Forson’s legal team in the affidavit, argues that the Attorney-General misconducted himself and called for the prosecution to be declared a mistrial.
The Minority Leader further argued that failure to order a mistrial in such circumstances, where there appears to be a blatant disregard for the rule of law and ethical standards of prosecution by none other than the Attorney-General, could severely undermine public confidence in the judicial process.
Background
Last month, Richard Jakpa, under cross-examination, revealed that the Attorney General had been contacting him at unusual hours to solicit testimony against the Minority Leader, Dr. Ato Forson.
This revelation has sparked discussions among Ghanaians, with some individuals calling for the resignation of Attorney General Godfred Dame.
Dr. Ato Forson, former Deputy Finance Minister and current Minority Leader, is on trial for his alleged involvement in the procurement of defective ambulances for Ghana.
At a press conference, the National Democratic Congress (NDC) played a 16-minute tape allegedly featuring a conversation between the Attorney General and Jakpa.
The New Patriotic Party (NPP) has refuted the claims made in the audio, asserting that it has been “doctored and manipulated” with malicious intent.