Minority Leader Hon. Cassiel Ato Forson has been exonerated and released from the Court of Appeal in the ongoing Ambulance case.
The trial court’s directive for Dr. Ato Forson to begin his defense in the continuing ambulance case has been overturned by the Court of Appeal.
On June 6, the Accra High Court denied Minority Leader Cassiel Ato Forson’s request for a mistrial and an investigation of the Attorney General’s actions in the ongoing Ambulance case.
The trial judge declared that neither the minority leader nor the investigation into the Attorney General’s affairs has produced any law provisions that would support a mistrial in this case.
On Monday, June 3, Ato Forson filed a supplementary affidavit in support of the motion on notice for an order of mistrial, injunction,, and/or stay of proceedings in the ongoing ambulance case against him and two others.
Lawyers for the Ajumako-Enyan-Esiam legislator cited a leaked tape between the Attorney-General, Godfred Yeboah Dame, and the third accused, Richard Jakpa, in which the former allegedly attempted to coach the third accused to implicate Dr Ato Forson in the ongoing trial, for the application.
Ato Forson’s legal team in the affidavit, argues that the Attorney-General misconducted himself and called for the prosecution to be declared a mistrial.
“It has become necessary to file this affidavit 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.
“That I say that I have since filing the instant application had the opportunity of listening to a recording widely circulating in the media depicting the voices of the Attorney-General and A3 fervently discussing the evidence the Attorney-General will prefer the said A3 to adduce at the trial. At the hearing of the instant application, my counsel will seek leave of the court to have the said audio recording played in open court.”
Ato Forson further argued that failure to order a mistrial in such circumstances, where there appears to be a blatant disregard for the rule of law and ethical standards of prosecution by none other than the Attorney-General, could severely undermine public confidence in the judicial process
