Establishing shot of the Financial Crimes Court in Accra - File photo
An application for mistrial in a high-profile financial crimes case has been dismissed by an Accra High Court hearing the matter.
On Thursday, June 6, 2024, the presiding judge in the ambulance trial, Justice Afia Serwah Asare-Botwe, ruled that the application filed by former Deputy Finance Minister, Dr. Cassiel Ato Forson, was not tenable.
In his application, Ato Forson and co-accused Richard Jakpa, alleged professional and prosecutorial misconduct on the part of Attorney-General Godfred Dame, who was captured on a tape with Jakpa discussing matters before the courts.
"In our body of laws, as far as the legislation or case law is concerned, there
is no provision for the court to declare a mistrial on the basis of the alleged
misconduct of a lawyer, either for the prosecution or the defence," portions of the 39-page judgment read.
The court also declined jurisdiction to order an inquiry into the A-G's conduct and directed Ato Forson to seek redress from the General Legal Council if he wished to pursue the matter further.
The trial judge also advised the A-G to stay away from the trial citing the leaked audio tape and its contents, expressing reservations about Dame's interaction with Jakpa, even though it did not constitute grounds to halt the case.
The A-G has openly stated that while the Judge was right to advise about the case, he was not going to recuse himself expressing commitment to prosecute the matter till the end.
Read the full judgment below:
SARA
