Former Deputy Minister for Finance, Dr Cassiel Ato Forson has been acquitted and discharged by the Court of Appeal in the ongoing Ambulance case.
A panel of three in a 2-1 majority decision said Justice Afia Serwah Asare-Botwe’s ruling on a submission of no case to answer on March 30, 2023, for the accused to open their defense was in error.
Justice Kweku Tawiah Ackaah-Boafo and Justice Philip Bright Mensah granted the request and acquitted and discharged them while Justice Poku Acheampong the presiding judge dismissed their request.
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 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 has 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.
Reacting to the news, Director of Communications, Sammy Gyamfi in a post on X said “The Minority Leader was innocent all along. Shame on crooked Godfred Dame, the NPP and their cheap media surrogates. Enemies are not God. The day of accountability for the real criminals is soon coming. December 7 is not far”.
