Ambulance trial: Dame ‘rejects’ Judge’s recusal advice, vows to nail Ato Forson, Jakpa

Attorney-General and Minister for Justice, Godfred Yeboah Dame, has announced his determination to continue leading the prosecution in the trial where the current former Minority Leader of parliament and another individual are facing charges for causing financial loss to the state.

On Thursday, June 6, 2024, the presiding judge in the ambulance trial, Justice Afia Serwah Asare-Botwe, ruling on the application for mistrial filed by former Deputy Finance Minister, Dr. Cassiel Ato Forson, and Richard Jakpa, advised Mr. Dame to recuse himself from prosecuting the case.

"It is my considered view that it would be prudent to strongly advise the A-G not to be directly involved in the conduct of this case. This is one way of ensuring that the judicial process is protected and to gain public confidence, and not give the perception that cases can be held at any other place except the courtroom," she stated while refusing the application for a mistrial.

Dr. Cassiel Ato Forson, standing trial alongside businessman Richard Jakpa, filed the application alleging professional and prosecutorial misconduct, based on an audio conversation between Dame and Mr. Jakpa.

The court declined jurisdiction to order an inquiry and declare a mistrial based on prosecutorial misconduct and directed Dr. Ato Forson to seek redress from the General Legal Council if he wished to pursue the matter further.

She further advised the A-G to stay away from the trial, expressing reservations about Dame's interaction with Jakpa, even though it did not constitute grounds to halt the case.

Reacting to the High Court judge's advice following Thursday's ruling, Godfred Dame emphasized that the call was merely a recommendation, stating his decision to continue with the case.

"...The judge herself, even after her ruling, clarified that she has not given any such order at all but it is only advice, and what did you notice afterward? I am conducting the matter; I am still conducting the trial. The most important point today is that all the applications filed by the applicants have been dismissed in their entirety," Dame told the media.

"All the five applications have failed. And I think that in reaction to this, I will say that it clearly shows that there is a group of people in this country who ride on manipulation of facts, distortion, and deception of the public. They are always seeking to mislead and deceive the public. Today they have been exposed; that is all I will say, I leave the rest to my friends," he added.

Background

Richard Jakpa accused the Attorney General, Godfred Dame, of attempting to collude with him to make a case against the Majority Leader.

Jakpa claimed during court proceedings on Thursday, May 23, 2024, that the Attorney General called him at odd hours to get his cooperation.

He made these remarks when Dame accused him of protecting Ato Forson, threatening to reveal more if the Attorney General dared him.

"The AG has on several occasions engaged me at odd hours to help him make a case against A1, and I have evidence for that. If he pushes me, I will open Pandora's box. I don't understand why the AG would accuse me of defending A1 when I'm here to defend myself," the third accused is quoted as having said.

At a press conference in Accra, on Tuesday, May 28, 2024, the NDC played a 16-minute audio recording of a phone conversation between Godfred Dame and Richard Jakpa, on the day the third accused was supposed to testify in court.

In the recording, Dame is heard urging the third accused to testify in a manner that differs from an explanation given to him (Jakpa).

Before the AG's request, Jakpa explained that Ato Forson had done no wrong with the LCs he signed.

He could be heard telling the Attorney General that the contract was for the purchase of 200 vehicles with four LCs.

"With the security from the government being the LC, the condition precedent... the contract for 200 vehicles in tranches of 50, 50, 50, 50. The contract is one contract for 200 ambulances which has been broken down within the contract. You establish an LC for every 50 tranche. So, you have four LCs for the 200 ambulances," Jakpa explained.

Godfred Dame then stated that the third accused should accept his explanation because it wouldn't cause him any harm.

"For that part, I disagree with you because if you look at the terms of the contract, it is quite clear, and it should not be difficult for you to accept because it doesn't put you in any problem. You are not the Minister of Health, and you are not the Minister of Finance, so it doesn't put you in any difficulty," the Attorney General is heard saying.

However, Jakpa insisted that he could not grant Dame's request because there were letters that confirmed the arrangement in the contract.

Dame continued to ask Jakpa to accept his position because it would not cause him any problems, but the third accused insisted he was not going to say anything contrary to what he knew as the truth.

The Attorney General is also heard in the recording telling Jakpa to fabricate a medical excuse so that he could travel.

Dr. Ato Forson, a former Deputy Minister for Finance; Sylvester Anemana, a former Chief Director at the Ministry of Health; and private businessman Richard Jakpa, are standing trial for allegedly wilfully causing financial loss of €2.37 million to the state through a contract to purchase 200 ambulances for the Ministry of Health.

While Dr. Ato Forson and Jakpa remain accused in the matter, Mr Anemana has been discharged by the court on health grounds.

GA/SARA

Meanwhile, catch up on the latest edition of The Lowdown on GhanaWeb TV as Etsey Atisu sat down with the MP for Mpraeso, Davis Ansah Opoku, to discuss issues surrounding the E-Levy, the Saglemi Housing Controversy, and the OSP Impeachment:





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