The High Court in Accra has ruled that the secret audio recording between Attorney-General Godfred Yeboah Dame and Richard Jakpa does not endanger a fair trial in the ongoing ambulance case involving Minority Leader Cassiel Ato Forson.
The court admitted the secret recording but found no basis to conclude that the conversation would prejudice the trial’s outcome. It also found that the alleged statements implicating Ato Forson did not come from the Attorney-General.
The judge focused on whether the conversation posed a real threat to the fairness of the trial and concluded it did not.
The court stated, “The most important factor in this case is whether fair trial has been endangered or prejudiced. Is there any evidence that the conversation between the parties can reasonably endanger a fair trial? Judge says no.”
Dr. Ato Forson had submitted a supplementary affidavit, citing the leaked recording as evidence of misconduct by the Attorney-General.
His legal team argued that the recording, where the Attorney-General allegedly coached Jakpa to implicate Ato Forson, warranted a mistrial.
They insisted, “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.”
However, the court dismissed the application, stating that there was no statute supporting a mistrial in this context. The judge emphasized that mistrials are relevant only in jury trials, not in summary trials like this one.
“Court has no jurisdiction to undertake an enquiry into the conduct of the Attorney-General. Jurisdiction in criminal proceedings must be implied. It cannot be inferred. It must be by law. There is no such law. On the invitation of A1 for the Court to order a mistrial. Court says it does not apply in summary trials. It applies only in jury trials. Applicant did not refer the court to any authority in Ghana or anywhere for a mistral in summary trials. On the contrary, the Respondent rightly, as stated by the judge, referred the court to a Ghanaian case. None of the grounds for a mistrial exists in this case.”
The judge also noted the long duration of the trial, questioning how a recent alleged interference could justify halting proceedings that have been ongoing for over three years.
The ruling ensures that the trial will continue without interruption, maintaining that the judicial process remains fair and unprejudiced.