In a significant ruling, the Court of Appeal has overturned the decision of the trial court, acquitting and discharging Minority Leader, Cassiel Ato Forson, in the Ambulance procurement case. The Appeals Court has also quashed the order requiring Dr. Ato Forson to present his defense, effectively clearing him of any wrongdoing in the matter.
On June 6, the Accra High Court rejected Minority Leader Cassiel Ato Forson’s application for a mistrial and an investigation into the Attorney General’s conduct in the Ambulance case. The trial judge ruled that Ato Forson failed to cite any relevant statutory provisions to support his request for a mistrial or an inquiry into the Attorney General’s actions, leading to the dismissal of his application. Ato Forson submitted a supplementary affidavit to support his motion for a mistrial, injunction, and/or stay of proceedings in the ongoing ambulance case against him and two other defendant on Monday, June 3.
The lawyers representing the Ajumako-Enyan-Esiam MP cited a leaked audio recording between Attorney-General Godfred Yeboah Dame and co-defendant Richard Jakpa, allegedly revealing an attempt by the Attorney-General to influence Jakpa’s testimony and implicate Dr. Ato Forson in the trial, as the basis for their application. In the affidavit, Dr. Ato Forson’s legal team alleged that the Attorney-General engaged in misconduct and is seeking a declaration of mistrial, citing the leaked audio tape as evidence of prosecutorial impropriety.
The defense argues that the Attorney-General’s actions compromised the integrity of the trial and warrant a dismissal of the prosecution’s case against Dr. Ato Forson. Dr. Ato Forson, emphasized that if a mistrial is not declared in this instance, where the Attorney-General has seemingly flouted the rule of law and violated prosecutorial ethics, it could have far-reaching consequences, including a profound erosion of public trust in the judiciary.
He stressed that the integrity of the judicial process hinges on upholding the highest standards of conduct, and failing to do so would undermine the public’s faith in the system.
