I have video evidence of Ato Forson, 3rd accused begging me to drop the case - Attorney General reacts to coercion claims

The Attorney General and Minister for Justice, Godfred Dame, has reacted to reports of coercing an accused person in the ongoing trial of the Minority Leader, Dr. Cassiel Ato Forson; businessman Richard Jakpa and one other.

Court records alleged that he (Dame) tried to coerce him (Jakpa) to testify against the Minority Leader.

In a statement published by Accra-based TV3, on Tuesday, 23 May 2024, the Office of the Attorney General flatly denied the testimony of the third accused in the ambulance trial.

It said that it was the third accused who engaged the state prosecutor and proposed plea bargaining or plea negotiations.

It added that even though the law allows for plea bargaining, the Attorney General has never engaged Richard Jakpa for such a deal.

"It is rather the third accused who, by various letters dated 27 April 2023, 16 May 2023, 30 May 2023, and 12 June 2023, has proposed to the Republic through the Attorney-General to engage in plea bargaining or plea negotiations. This plea bargaining proposal has, to date, not been accepted by the Attorney-General.

"Even though the law on plea bargaining passed by Parliament permits a prosecutor to negotiate with an accused person after a plea proposal has been made, the Attorney-General has not engaged the third accused person to give false testimony in the matter," part of the statement read.

The office also stated that it has evidence of the Minority Leader and the third accused coming to beg him to get the case dropped.

"The Attorney-General has also come under enormous pressure from all manner of persons for him to discontinue the prosecution of the first accused person, Cassiel Ato Forson, but has not yielded.

"The Attorney-General has video evidence of the first accused person, Cassiel Ato Forson, coming to meet him and to plead with him to discontinue the prosecution. This, the Attorney-General has refused to do."

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 dares 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 the 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.

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.

The trial of the former deputy finance minister and the two others began on January 18, 2022, before the court presided over by Justice Afia Serwah Asare-Botwe, a Court of Appeal Judge sitting as an additional High Court Judge.

They have pleaded not guilty to the five counts of wilfully causing financial loss to the state, abetment of crime, contravention of the Public Procurement Act, and intentionally misapplying public property.

The state in March 2024 opted to discontinue the case against the former Chief Director at the Ministry, who is currently undergoing further care in India due to health complications.

The the Office of the Attorney General's full statement below:

RE: REPUBLIC VRS. CASSIEL ATO FORSON & 2 OTHERS

FALSE ALLEGATIONS BY 3RD ACCUSED PERSON AGAINST ATTORNEY-GENERAL

The attention of the Office of the Attorney-General and Ministry of Justice has been drawn to media commentary by persons associated with the National Democratic Congress (NDC) on an allegation made by the third accused person, Richard Jakpa, during proceedings in court on 23rd May, 2024, that the Attorney-General desired his cooperation in the matter in order to secure a conviction of the 1st accused, Cassiel Ato Forson.

For the record, the Office of the Attorney-General and Ministry of Justice categorically denies the allegations and insinuations of the NDC, and responds as follows:

1. The Republic has throughout the trial, relied solely on the record of the impugned transaction, i.e. the purchase of ordinary vans purporting to be ambulances, to sustain its case against the accused persons. This record existed before January, 2022 (when the case was commenced) and was duly filed in Court by the prosecution before the commencement of the trial.

2. The Republic has never required or desired the cooperation of any of the accused persons in the matter, in which it has already succeeded in establishing a prima facie case against all the accused persons. Neither the Attorney-General nor any officer from the Office of the Attorney-General has approached any of the accused persons with the view to obtaining evidence from them.

3. It is rather the third accused who, by various letters dated 27th April, 2023, 16th May, 2023, 30th May, 2023 and 12th June, 2023, has proposed to the Republic through the Attorney-General to engage in plea bargaining or plea negotiations. This plea bargaining proposal has, to date, not been accepted by the Attorney-General.

4. Even though the law on plea bargaining passed by Parliament permits a prosecutor to negotiate with an accused person after a plea proposal has been made, the Attorney-General has not engaged the third accused person to give false testimony in the matter.

5. The Attorney-General has also come under enormous pressure from all manner of persons for him to discontinue the prosecution of the 1st accused person, Cassiel Ato Forson, but has not yielded.

6. The Attorney-General has video evidence of the first accused, person, Cassiel Ato Forson, coming to meet him and to plead with him to discontinue the prosecution. This, the Attorney-General has refused to do.

7. The Office of the Attorney-General and Ministry of Justice considers the latest allegation levelled against the Attorney-General as part of a grand scheme by the NDC to put more pressure on him to discontinue the prosecution or to divert attention from the real issues regarding the actions of the accused persons which have caused enormous financial loss to the State.

The public is entreated to disregard the allegations. The Attorney-General remains focused on a zealous prosecution of the case.

SGD: ALFRED TUAH YEBOAH, DEPUTY ATTORNEY-GENERAL & MINISTER FOR JUSTICE

BAI/

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