—Alleges hostile Judge; and indicts Terkper, late Sherry Ayittey
The credibility of the Attorney-General and Minister of Justice, Godfred Yeboah Dame, took a further hit during court proceedings yesterday, Thursday, June 20, 2024, with accusations of falsifying the 68 WhatsApp messages exchanged with Richard Jakpa, which he submitted to the court yesterday.
These developments are part of the ongoing trial involving the Minority Leader, Dr Cassiel Ato Forson, over the controversial ambulance purchase deal.
The third accused person in the trial, Richard Jakpa, who was in the witness box, repeatedly questioned the integrity of Mr Dame during his cross-examination by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa. Jakpa insisted that the total messages he sent to Mr Dame were not up to 68, asserting that other messages had been added by the Attorney General to inflate the numbers, apparently to obfuscate evidence.
In response to a question about exploiting his relationship with the Attorney General, Jakpa shot back, describing the claims as “completely false and dishonest.”
However, the DPP dismissed Jakpa’s assertions as figments of his imagination.
Explaining further, Jakpa said if there was anybody he had to take advantage of that would have been his cousin, Supreme Court Judge Justice Yonni Kulendi, and not the AG.
Mr Jakpa, who sounded very upset at this stage, also narrated that the AG was the one who arranged for a meeting with him and not the other way around.
He said, the AG informed him of plans to arrange a meeting through Justice Kulendi, which eventually took place in February 2022.
“I wanted the AG to stop abusing his discretionary powers capriciously, whimsically, and with vindictiveness on innocent Ghanaians,” Jakpa noted, explaining why he chose to meet the Attorney General.
Jakpa is standing trial with the Ajumako-Enyan-Essiam MP on charges of causing financial loss to the state in excess of €2.37 million in a deal to purchase 200 ambulances between 2014 and 2016.
They have pleaded not guilty to charges, including willfully causing financial loss to the state, abetment to willfully causing financial loss to the state, contravention of the Public Procurement Act, and intentionally misapplying public property.
Last month, during cross-examination by the lawyers for the first accused person, Jakpa revealed that the Attorney-General, had contacted him at odd hours to solicit testimony against Dr Ato Forson, adding that some meeting took place in the residence of the Supreme Court Judge, Yonni Kulendi.
This revelation led to public outcry and calls for the Attorney-General’s resignation from very senior lawyers and law lecturers.
In court yesterday, when the AG’s department continued with the cross-examination of Mr Jakpa, it was reiterated that the rationale behind the case by the State was to nail Dr Ato Forson.
This was after the trial judge, Justice Afia Serwah Asare-Botwe, had ruled to admit some 68 WhatsApp messages submitted by Mr Dame as exchanged between him and Jakpa, with the court emphasizing the importance of completeness of evidence, fairness to the trial, and reciprocity.
However, this move was met with firm objections from the legal team of Jakpa, represented by Thaddeus Sory, who raised concerns on the grounds of relevance and authenticity.
Mr Sory, citing section 52 of NRCD 323, Evidence Act (1975), argued that the admission of the messages could unfairly prejudice the trial.
He claimed there were missing parts in the conversation between Jakpa and the A-G, which did not present a complete picture.
Furthermore, he pointed out that the processes filed in court, suggested that the A-G did not read the messages, making the chat irrelevant for the intended purposes.
Mr Sory, went further to challenge the authenticity of the WhatsApp chat printout, arguing that it did not accurately reflect the conversation between the A-G and Mr Jakpa.
He referenced the case of Abdul Malik Kwaku Baako Jnr. v. Assin Central MP Kennedy Agyapong, a case which was handled by the same trial judge.
Curiously, however, the judge in that earlier ruling, indicated that evidence could be excluded on grounds of authenticity, but she departed from that on the grounds that she had forgotten and sought Sory to refresh her memory.
The DPP defended the relevance of the conversation, arguing it was initially introduced to the court by the same witness.
Mrs Obuobisa, emphasized that the chat submitted by Mr Jakpa was incomplete and that the Attorney General’s submission provided full context. She asserted that the messages would assist the court and that the printout was free of omissions.
The court upheld the DPP’s view, noting that the weight of the evidence, would be determined in due course.
With this ruling, Jakpa challenged the contents of the WhatsApp messages and insisted they had been tampered with and differed from what his legal team possessed.
As he continued his cross-examination, the Attorney General’s murmurs were scolded by the judge, urging him to uphold high ethical standards during court proceedings as the leader of the bar.
Mr Jakpa, then reiterated that the total messages he sent to Mr Dame were not up to 68 and accused other quarters of adding to the numbers. He also revealed that he dealt with Mr Dame without his lawyer’s knowledge, violating professional conduct rules.
Sounding emotional, Mr Jakpa stated that the Attorney General, assured him that his company, Jakpa@business, was merely an agent and could not be charged.
He claimed Mr Dame, assured him that the target was Dr Ato Forson and that he would be left off the hook.
Jakpa also accused the trial judge of hostility and insisted that the responsibility for financial loss to the state, should lie with former Finance Minister Seth Terkper and the late former Health Minister Sherry Ayittey.
He narrated how their actions sabotaged the ambulance importation even before Dr Ato Forson, was appointed as Deputy Minister of Finance.
He revealed further interactions with the Attorney General, describing himself as collateral damage in the trial.
Despite assurances, Jakpa, said he clashed with Mr Dame during a meeting, accusing him of dishonesty and vowing to retaliate.
The case was adjourned to Thursday, June 27, 2024, at the request of the Attorney General’s department, which stated they were unavailable on the originally scheduled adjourned date.
