The Court of Appeal has acquitted and discharged Minority Leader, Hon. Cassiel Ato Forson in the ongoing Ambulance case.
The Court of Appeal has set aside the order for Dr. Ato Forson to open his defence by the trial Court in the ongoing ambulance case.
The Director of Legal Affairs of the National Democratic Congress (NDC), Edudzi Tamekloe In an interview on the Breakfast Show following the Court of Appeal’s decision, explained that the appeal was filed after the trial court dismissed their submission of no case, ruling that a case had been made against the accused persons.
“What happened is that after the prosecution called their witnesses, lawyers for the accused persons did what we call ‘a submission of no case’. The Court dismissed the submission of no case and ruled that case has been made against the accused person, warranting them to open their defence.
“We appealed that decision for us to open our defence. It is that appeal that today, the court of appeal by a 2-1 majority upheld, thereby acquitting and discharging Dr Cassiel Ato Forson and Richard Jakpa.
“By this, the court further ruled that the order by the trial court judge for the accused persons to open their defence is hereby set aside.”
The High Court, Accra, on June 6 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.
According to the trial judge, the minority leader had not shown any statute provisions that warrant a mistrial in this case nor to enquire into the affairs of the Attorney General.
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.
“It has become necessary to file this affidavit in order to bring to the attention of the Court and in the interest of justice, certain pertinent, material and relevant matters that have a bearing on the fair and just determination of the current application.
“That I say that I have since filing the instant application had the opportunity of listening to a recording widely circulating in the media depicting the voices of the Attorney-General and A3 fervently discussing the evidence the Attorney-General will prefer the said A3 to adduce at the trial. At the hearing of the instant application, my counsel will seek leave of the court to have the said audio recording played in open court.”
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.
The Minority Leader subsequently filed an appeal at the Court of Appeal which has been has been upheld by the Court in a 2:1 majority decision.
Businessman Richard Jakpa, the third accused in the Ambulance trial has also been freed by the court.
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