.. Insist “ I am still conducting the trial”
Godfred Yeboah Dame, has snubbed a call on him by Justice Afia Serwah Asare-Botwe, the judge presiding over the Ambulance case, to step away from the case to save the image and reputation of the judiciary.
Despite this advice, Attorney-General, at a press engagement after the proceedings, stated that the judge’s comment was merely a suggestion, and his decision to proceed with the case, going against the judge’s caution to recuse himself.
This recommendation, came after the judge expressed concern over the AG’s interaction with the third accused person, Richard Jakpa, outside of the court, but noted that this encounter does not provide sufficient grounds to discontinue prosecutions against the accused persons.
Justice Asare-Botwe, advised the AG to remove himself from the direct prosecution of the case, believing that this would be in the best interest of the judiciary.
But the Attorney General stated “…The judge herself even after her ruling clarified that she has not given any such order at all but it is only an advice…I am conducting the matter I am still conducting the trial. The most important point today is that all the applications filed by the applicants have been dismissed in their entirety.”
“All the five applications have failed. And I think that in reaction to this, I will say that it clearly shows that there are a group of people in this country who ride on manipulation of facts, distortion, and deception of the public. They are always seeking to mislead and deceive the public. Today they have been exposed,” he stated.
During her ruling on four applications filed by the Minority Leader and the third accused, Richard Jakpa, Justice Asare-Botwe, explained the AG’s decision to step aside would ensure that the judicial process was protected.
She further explained that it would also help to gain public confidence and not give a perception that cases can be held at any other place, except the courtroom.
But addressing the media after the proceedings, Godfred Dame, said he has decided to proceed with the case.
The Attorney General, also expressed satisfaction with the verdict given by the judge.
The legal team of Dr Cassiel Ato Forson, the Minority Leader, in the ongoing ambulance case, is likely to appeal the judge’s ruling on the application for a mistrial at the Court of Appeal, according to Abraham Amaliba, the Director of Conflict Resolution for the National Democratic Congress (NDC).
This follows the presiding judge, Afia Serwah Asare-Botwe, dismissing the mistrial application filed by Dr Forson, but with an advice to the Attorney General, Godfred Yeboah Dame, to step away from the trial.
Mr Amaliba said: “I am aware the lawyers want to appeal but let’s also note that this is the first time an attorney general has been so reprimanded in court and that is going to be a dent on the attorney general.”
Justice Asare-Botwe, found it concerning that the Attorney General engaged with Richard Jakpa, outside of court, discussing the facts of the case and inviting Jakpa to submit a fake medical excuse to facilitate an adjournment.
The National Communications Officer of the NDC, Sammy Gymafi, has since commended the trial judge for delivering a detailed judgment in the ongoing trial.
However, Mr Gyamafi, raised concerns regarding some decisions taken by the judge, which he said the NDC disagrees with.
Speaking on JoyNews’ The Pulse yesterday, the NDC Communications Officer said; “As a student of law, as a lawyer interested in the development of the law, I am excited and it is something that we need to encourage.
“Now as to the certain decisions that the trial judge made, which in our opinion were totally wrong because those decisions are not borne out by the law and the fact that were before her,” he said.
Mr Dame, was reported to have stood up in an attempt to explain himself, but the judge maintained her stance.
The court’s decision, follows separate applications filed by the first accused, Dr Forson, and the third accused.
The applications sought several orders, including an inquiry into the Attorney-General’s conduct based on Jakpa’s claims that the Attorney-General, had been contacting him at odd hours.
But the judge stated that the demand for an inquiry into the Attorney General’s conduct in the ongoing Ambulance case has no basis.
On the back of this, Mr Gyamfi, reiterated that the NDC has several disagreements with the judge on some of the decisions taken.
Responding to the issues of mistrial, where the judge said she could not find any law to stand on to pronounce the relief the applicants were seeking, Mr Gyamfi said “It is one of the things we disagreed with the trial judge on.
“We think that the court had the jurisdiction and the power to make an order for mistrial or an order for an inquiry into the conduct of the Attorney-General.”
He argued that under Article 140 of the Constitution, the High Court, subject to the provisions of the Constitution has jurisdiction in all criminal and civil matters.
He stated that when such jurisdiction has been conferred on the High Court unless there is any specific law that expressly ousts the jurisdiction of the court to make orders for mistrial or inquiry, the NDC believes the court has that general jurisdiction.
“You have the jurisdiction in all criminal matters and so in hearing a criminal matter, the court has the responsibility to ensure that these processes are not abused and the rights of the accused persons are respected and the prosecution is done in good faith,” he said.
The NDC Communications Officer, added that if matters are put before the court that shows a breach of prosecutorial misconduct on the part of the Attorney General, it should be the matters that the court is interested in, saying that the court is there to do justice.
Meanwhile, Kweku Paintsil, a private legal practitioner and a card-bearing member of the NPP, has disagreed with Justice Asare-Botwe’s advice for the Attorney General, to recuse himself from the ambulance procurement case.
Speaking on the same programme as Mr Gyamfi, Kweku Paintsil, argued that there is no justification for the Attorney General to recuse himself.
He stated, “An advice is an advice; you can take it or leave it. I don’t personally, with due respect, see any justification for the Attorney General to recuse himself from the case.”
Mr Paintsil explained that the specific allegation made against the AG was dismissed by the judge, adding, “I am not too sure that it is going to have any impact on the substantive trial. Even if there is any such allegation that can be proven, it does not hold the substance of the matter before the judge. It is an issue of the conduct of the Attorney General which may be tried in a different forum.”
According to Mr Paintsil, if the judge has sufficient reasons to recuse the AG, she has the authority to do so. However, he noted that in this case, the judge does not have good reasons, hence the advice.
Consequently, he believes the AG, is not obliged to accept advice from a sitting judge. Nevertheless, he mentioned that if the AG decides to take the advice that would be acceptable.
Wading into the matter is the National Organiser of the governing NPP, who criticised the Minority Leader and former Deputy Finance Minister, Dr Ato Forson for introducing what he says are irrelevant matters into the controversial ambulance procurement trial.
According to Henry Nana Boakye, the High Court’s decision to dismiss Dr Ato Forson’s application to declare the case a mistrial, is appropriate.
“I think first of all, this is what we’ve been saying all this while, that you cannot churn falsehood outside in the public domain, and think you can transfer such falsehood into the courtroom?” he quizzed describing Dr Ato Forson’s arguments as untruths that were never going to stand in the face of the law.
“I mean, I’ve always said this and today, they have been exposed badly. And all the applications, they filed were dismissed,” he said.
