By News Desk
The Accra High Court, under the gavel of Justice Efia Serwah Asare-Botwey, yesterday dismissed all four Applications by Dr Cassiel Ato Forson -1st accused/A1-and Richard Jakpa-3rd Accused/A3- in the going Ambulance trial.
The applications were: an order of inquiry into the conduct of the Attorney-General following the allegations made by Richard Jakpa to the effect that the A-G had been calling him at odd hours; an order of mistrial with the aim of terminating the case; a stay of proceedings until the application is determined; and a motion asking the court to strike out charges against the businessman.
On the application for an order of inquiry into the conduct of the Attorney-General (AG), the Court held that it had no jurisdiction to undertake an enquiry into the conduct of the Attorney-General, and that “Jurisdiction in criminal proceedings must be implied. It cannot be inferred. It must be by law. There is no such law.”
The Court also held, on the invitation of A1 for the Court to order a mistral that it does not apply in summary trials. “It applies only in jury trials. Applicant did not refer the court to any authority in Ghana or anywhere for a mistral in summary trials. On the contrary, the Respondent, referred the court to a Ghanaian case. None of the grounds for a mistrial exists in this case.”
Justice Efia Serwah Asare-Botwey stated that in a trial that has gone on for over three years, in which the Republic has closed its case, A1 closed his case and A3 started testimony, the alleged interference by the Attorney-General with A3, which is alleged to have occurred only a few weeks ago when either A3 has started testifying could not lead to a mistrial. Therefore “Application for mistrial is therefore dismissed.”
On the application to prevent the Attorney-General from instituting criminal proceedings, the court said it is cautious in injuncting constitutional bodies from performing their functions and that “The applicant has demonstrated any serious basis for such an order. It is this dismissed.”
The High Court however admitted the secret recording because it said it is a criminal proceeding, adding that “having admitted the weight to be attached is something else.”
The court further found that the words regarding whether the Attorney-General asked A3 to help him to make a case against A1, did not come out of the mouth of the Attorney-General. The most important factor in the case is whether fair trial has been endangered or prejudiced, interspersing with question as “Is there any evidence that the conversation between the parties can reasonably endanger a fair trial? To which the Judge said, no.
The suggestion that the accused should obtain a medical report was what the judge said raises discomfort and advised Dame to recuse himself from the ongoing trial.
But the Attorney-General Godfred Dame has said that he is still prosecuting the case involving the Minority Leader Dr Cassiel Ato Forson despite the advice from the judge to recuse himself.
He told journalists after court proceedings that the judge only gave advice.
“It was only advice, I am still prosecuting the case,” he said.
Stay tuned.
