Ato Forson's Ambulance Trial: Court admits Dame's leaked tape into evidence

The Accra High Court has admitted into evidence the leaked phone conversation between Attorney General, Godfred Dame, and businessman Richard Jakpa in the ongoing trial of Minority Leader in Parliament, Dr. Cassiel Ato Forson.

The court set Thursday, June 13, 2024, to rule on the subject of the admissibility of an audio recording, where the Attorney General is heard allegedly coercing Richard Jakpa, the third accused in the trial, to testify in a certain manner.

The presiding judge, Justice Afia Serwah Asare-Botwe, delivering her ruling on Thursday, stated that the reasons she gave for admitting the recording during the mistrial application on June 6, 2024, still apply.

Justice Asare-Botwe noted that in the interest of fairness, the pen drive containing the recording has been admitted, as it would have been if presented by the prosecution.

During the proceeding, lawyers representing Minority Leader, Dr. Cassiel Ato Forson, attempted to introduce the audio recording into evidence, prompting an objection from the Attorney General, who questioned the foundation and relevance of the recording.

Dr. Aziz Bamba, lead counsel for Dr. Forson, told the court that the 16-minute recording pertains to the agreement between the Ghanaian government and a subsequent Letter of Credit.

The lawyer contended that Godfred Dame’s conduct in the audio recording amounts to oppression of the accused, undermining the integrity of the trial process; that the recording is relevant as it suggests the case was not pursued in good faith, pointing to procedural irregularities in the Attorney General's handling of the matter.

In response, the state attorneys argued against the recording's admission, asserting that its relevance was not sufficiently supported, while pointing to the trial judge's previous dismissal of the mistrial application, which relied on the recording, as evidence of its limited relevance to the case.

They also questioned whether the recording addresses the essential elements of the alleged financial loss to the state, arguing that it does not substantiate the charges against the accused.

However, in her ruling on Thursday, Justice Asare-Botwe sided with the lawyers of the Minority Leader and admitted the recording into evidence.

About the leaked tape:

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.

At a press conference in Accra, on Tuesday, May 28, 2024, the NDC played a 16-minute audio recording of a phone call 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.

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

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 High Court in Accra dismissed an application by Minority Leader Cassiel Ato Forson seeking a mistrial and an investigation into the conduct of the Attorney General.

The trial judge ruled that Forson had not demonstrated any statutory provisions that would justify a mistrial or an inquiry into the Attorney General's actions.

BAI/AE

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