An Accra High Court has dismissed an application for mistrial in the ambulance trial.
On Thursday, June 6, 2024, Justice Afia Serwah Asare-Botwe, presiding over the ambulance trial, ruled that the application filed by former Deputy Finance Minister Dr. Cassiel Ato Forson was not tenable.
Dr. Ato Forson and co-accused Richard Jakpa had alleged professional and prosecutorial misconduct on the part of Attorney-General Godfred Dame.
Their application referenced a tape in which Dame and Jakpa were purportedly discussing matters before the courts.
However, the judge found no statutory basis to declare a mistrial or to investigate the Attorney-General’s conduct.
“In our body of laws, as far as the legislation or case law is concerned, there is no provision for the court to declare a mistrial on the basis of the alleged misconduct of a lawyer, either for the prosecution or the defence,” portions of the 39-page judgement read.
The court also declined jurisdiction to order an inquiry into the Attorney-General’s conduct, directing Dr. Ato Forson to seek redress from the General Legal Council if he wished to pursue the matter further.
The trial judge advised the Attorney-General to stay away from the trial, citing the leaked audio tape and its contents, which raised concerns about Dame’s interaction with Jakpa.
Despite these concerns, the judge ruled that they did not constitute grounds to halt the case.
In response, the Attorney-General has stated that while he acknowledges the judge’s advice regarding the case, he does not intend to recuse himself, expressing his commitment to prosecute the matter to its conclusion.