…As Justice Asare Botwe threatens contempt
Richard Jakpa, the third accused person in the ongoing 2,370,000 million Euros Ambulance purchase case, has filed processes to compel two former Health Ministers, Alban Bagbin and Alex Segbefia, as well as Chief of Defence Staff (CDS) Lt. General Oppong Peprah and others, to testify in the ongoing trial.
Jakpa, ended his testimony on Tuesday, July 9, and has been asked by the court to call his witnesses. He notified the court that, he would call eight witnesses some of whom are to be subpoenaed.
In court yesterday, Hamed Sardashti, the Chief Executive of the Dubai-based Big Sea General Trading Limited, was expected to testify as the first defense witness for Mr Jakpa, but this could not happen.
Mr Sardashti, was the representative of Big Sea, who, according to Mr Jakpa, played a significant role in the purchase of the ambulances.
Part of the eight to be subpoenaed, included the Speaker of Parliament, Alban Bagbin and former Health Minister, Alex Segbefia, all under the Mahama administration.
The judge, however, noticed that the order to subpoena the witnesses, did not include a request for documents that should be presented by the witnesses.
Lawyers for Mr Jakpa in court yesterday, however, revealed that the Chief of Defence Staff, Lt. General Thomas Oppong Peprah and Military Secretary Air Commodore Adu Gyamfi, are to be subpoenaed as well.
The presiding judge, Justice Afia Serwah Asare-Botwe, has in the meantime, barred lawyers on the case from speaking on the ongoing criminal proceedings involving Dr Cassiel Forson, the Minority Leader, and Richard Jakpa, a businessman to the media.
“No lawyer or any person shall make any comment bothering on the weight of the evidence adduced or yet to be adduced, or make any comment that will prejudice this case,” Justice Afia Serwaa Asare Botwe ordered.
Justice Botwe, said the court had become aware that lawyers, some of whom were involved in the case, were commenting on issues relevant to the trial.
She said, the court had noticed that lawyers and their clients, were granting interviews, many of which were borderline contempt of the court.
“The court notes that the proceedings are being streamed live and anyone can log on and observe the proceedings.
“There is no need for any analysis to be made at this time. Anyone who wants can log on have an opinion and not make any judgement on the matter.
“No lawyer or any person shall make any comment bordering on the weight of the evidence adduced or yet to be adduced or make any comment that will prejudice this case,” Justice Afia Serwah Asare-Botwe said in court.
“After this order had been made, should any of you make a comment on the case, I will have to use the power used in the Montie 3 case,” she warned.
Justice Botwe, said the lawyers and their clients’ actions were detrimental to the rule of law and the security of the country.
“It is bad for the country, and security wise, it is not advisable. Likewise, it is bad for the rule of law,” she said.
Justice Botwe, said that she had asked the trial parties on multiple occasions to refrain from commenting on the issue outside of the courtroom, but since it was not a jury trial, “we are focused on what is on record.”
She contended that Mr Jakpa’s media interview, prejudiced the proceedings and raised national security concerns.
The Judge, said the proceedings were being streamed live, and anyone could log on and observe them, and there was no need for any analysis.
Dr Forson, Dr Sylvester Anemana, a former Chief Director of the Ministry of Health and Jakpa, are charged with causing financial loss to the State.
The State later filed a ‘nolle prosequi’ to discontinue the charges leveled against Dr Anemana, who is currently out of the country for medical treatment.
Dr Forson, was granted a self-recognisance bail of GH¢3million for allegedly willfully causing financial loss of 2,370,000 million 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 (SMCD140).”
The case has been adjourned to July 18, 2024, for continuation.
Justice Afia Serwah Asare Botwe, is part of the five judges who are embroiled in controversy after the Chief Justice, Gertrude Torkornoo, listed them to be nominated by the President, Nana Akufo-Addo, as Supreme Court judges.
The rest are; Justice Eric Kyei Baffour, Justice Asante, Justice Angelina Mensah Homiah, and Justice Pamela Addo Koranteng are part of the five judges. The Judicial Council and Ghana Bar Association (GBA), has described the selection as wrongly timed.
