The dismissal of all the applications filed by the accused persons in the Ato Forson trial, including the application for mistrial, shows that there is a group of people who ride on the manipulation of facts, distortions and deception of the public
Godfred Dame says the dismissal of the applications has exposed Ato Forson and Richard Jakpa.
Speaking to journalists when asked for his reaction to the advice that the judge gave him to recuse himself from the case, Dame said, “The judge herself, even after the ruling, clarified that it is only advice. 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 of them have failed, and I think that in reaction to this, I will say that, it clearly shows that there is a group of people in this country who will ride on manipulation of facts, distortions,, and deception of the public, they are always seeking to mislead and deceive the public, today they have been exposed.”
The trial judge in the Ato Forson case, Justice Efia Serwah Asare-Botwey, advised Godfred Dame to recuse him from the ongoing case in the interest of justice and the public.
“Having listened to the conversation between [Richard Jakpa] and A-G, the allegation that A-G sought assistance to implicate [Ato Forson] was not borne out of the mouth of the A-G but [Richard Jakpa].
As further reported, the court also dismissed the application for mistrial filed by Ato Forson.
Lawyers for the Minority Leader, Dr Cassiel Ato Forson, filed a supplementary affidavit in support of the motion on notice for an order of mistrial, injunction, or stay of proceedings in the ongoing ambulance case.
This followed the allegations made against Godfred Dame by Richard Jakpa.
The trending recording of a telephone conversation between Mr. Jakpa and the Attorney-General, Godfred Dame, had been annexed to the affidavit.
Also, certain quotations contained in some media reports, particularly by Accra-based Asaase Radio, that border on alleged professional misconduct on the part of the A-G, have been cited and annexed to the process.
Dr Ato Forson was requesting the honourable court to declare a mistrial in the interest of justice, which must not only be done but be manifestly seen to be done.
The Minority Leader averred that the Attorney-General had embarked on reprehensible and unlawful conduct, conduct unbecoming of an Attorney-General, let alone the Minister for justice, for the sole purpose of securing his conviction. And that, if the Court were to ignore these rather grave matters to proceed with the trial regardless, that would amount to a real travesty of justice, as the Court would have disregarded credible and cogent claims of misconduct by the Attorney General.
He argued that if a mistrial was not ordered and such blatant disregard for the rule of law and the ethics of prosecution by no mean a person than the Attorney-General and Minister for Justice was glossed over and allowed to pass without any consequences, public confidence in the administration of justice would be adversely affected.
But Godfred Dame opposed the application for a mistrial, stating it was unknown in the laws of Ghana.
“That no proper grounds have been canvassed by the applicant to warrant a grant of this application, which is unknown to the laws governing criminal law and practice in Ghana.
“That the instant application is a smokescreen and a veiled attempt by the applicant to abort his legitimate prosecution for actions committed as a public officer, which led to the state losing colossal amounts of funds. same is incompetent, as no one has immunity from prosecution under the laws of Ghana.
“That I respectfully say that the Attorney-General is vested with the constitutional responsibility to prosecute all crimes within the Republic and cannot be prohibited from discharging this constitutional duty in respect of any person in Ghana as all persons are equal before the law,” he said in his affidavit in opposition to the motion filed by Ato Forson.