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.
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 mistral. 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.
In a trial that has gone on for over 3 years, in which the Republic has closed its case, A1 closed his case and A3 started testimony, how can the alleged interference by the Attorney-General with A3, which is alleged to have occurred only a few weeks ago when either A3 has started testifying, lead to a mistrial? Application for mistrial is therefore dismissed.
On the application to prevent the Attorney-General from instituting criminal proceedings, the court is cautious in injuncting constitutional bodies from performing their functions. The applicant has demonstrated any serious basis for such an order. It is this dismissed.
On the admissibility of the secret recording, because it is a criminal proceeding, it would be admitted.
However, having admitted the weight to be attached is something else.
The court finds that the words regarding whether the Attorney-General asked A3 to help him to make a case against A1, did not come out of the mouth of the Attorney-General.
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.
The suggestion that the accused should obtain a medical report is one that raises discomfort.