Thursday, 12 December

Ambulance case: No mistrial for you – Judge tells Ato Forson

General News
Minority Leader Cassiel Ato Forson

An Accra High Court has rejected an application filed by Minority Leader Cassiel Ato Forson, seeking a mistrial and an inquiry into the conduct of the Attorney General in the ongoing Ambulance case.

The court's decision, delivered by the trial judge, stated that Dr. Forson had not provided sufficient legal grounds to warrant a mistrial or an inquiry into the Attorney General's actions.

Dr. Ato Forson, alongside two other defendants, is on trial for allegedly causing a financial loss of €2.37 million to the state through a contract to procure 200 ambulances for the Ministry of Health.

On Monday, June 3, Dr Forson submitted a supplementary affidavit supporting his motion for a mistrial, an injunction, and a stay of proceedings.

The Ajumako-Enyan-Esiam MP's legal team pointed to a leaked tape as evidence of misconduct.

The recording purportedly features a conversation between Attorney General Godfred Yeboah Dame and the third accused, Mr Richard Jakpa, in which Mr Dame allegedly attempts to coach Mr Jakpa to implicate Dr Forson in the trial.

In his affidavit, Dr Forson argued that the Attorney General's alleged actions constituted a significant breach of legal and ethical standards, thereby necessitating a mistrial.

"It has become necessary to file this affidavit to bring to the Court's attention, in the interest of justice, pertinent, material, and relevant matters that bear on the fair and just determination of the current application," he stated.

Dr Forson further elaborated that he had listened to the widely circulated recording, which depicted the Attorney General discussing with Mr Jakpa the evidence he preferred Mr Jakpa to present at the trial.

Dr Forson’s counsel sought permission from the court to play the audio recording in open court.

He contended that failing to order a mistrial under these circumstances, where there is an apparent disregard for the rule of law and ethical prosecution standards by the Attorney General, could severely undermine public confidence in the judicial process.

Despite these arguments, the judge dismissed the application, maintaining that Dr. Forson had not demonstrated sufficient legal basis for his requests. 

Source: ClassFMonline.com