Justice Afia Serwah Asare-Botwe, the trial judge in the ongoing ambulance case, has admitted an audio recording involving the Attorney-General and businessman Richard Jakpa as evidence.
The decision was made today, Thursday, June 13, following the mistrial application on June 6, 2024, where the recording was first introduced.
Justice Asare-Botwe noted that the reasons for admitting the recording during the mistrial application still apply, emphasizing fairness in the trial process. She stated that the pendrive containing the recording has been admitted, as it would have been if presented by the prosecution.
The controversy surrounding the recording began when lawyers representing Minority Leader Dr. Cassiel Ato Forson attempted to introduce it into evidence. The Attorney General objected, questioning its foundation and relevance.
The audio recording, pivotal in the mistrial decision, is now being tendered again by defense lawyers, who argue that it is crucial to the charges of causing financial loss to the state against the Attorney General.
Lead counsel for Dr. Forson, Dr. Aziz Bamba, emphasized that the recording pertains to the agreement between the Ghanaian government and a subsequent Letter of Credit. He argued that the Attorney General’s conduct in the recording amounts to oppression of the accused, undermining the trial process’s integrity.
Dr. Bamba contended that the recording is relevant as it suggests the case was not pursued in good faith, pointing to procedural irregularities in the Attorney General’s handling of the matter.
In response, the Attorney General argued against the recording’s admission, asserting that its relevance was not sufficiently supported. The AG referenced the trial judge’s previous dismissal of the mistrial application, which relied on the recording, as evidence of its limited relevance to the case.
The AG further questioned whether the recording addresses the essential elements of the alleged financial loss to the state, arguing that it does not substantiate the charges against the accused.
Despite these arguments, Justice Asare-Botwe disagreed with the Attorney General and admitted the recording into evidence.