Minority Leader Dr Cassiel Ato Forson, the first accused in the ongoing ambulance case, has filed for a mistrial.
A mistrial is a trial terminated and declared void before the court can hand down a decision or render a verdict.
Terminating a trial prematurely nullifies the preceding proceedings as if they had not occurred.
In his latest application, the Minority Leader cited recent developments involving a leaked conversation between Richard Jakpa, the third accused in the case and Attorney-General (A-G) Godfred Dame.
Mr Jakpa alleged that the A-G had repeatedly sought his assistance to implicate Dr Ato Forson, who is also an accused person in the ongoing ambulance trial.
“It has become necessary to file this affidavit to bring to the attention of the court and in the interest of justice certain pertinent, material and relevant matters that have a bearing on the fair and just determination of the current application.
“That I say that I have since filing the instant application had the opportunity of listening to a recording widely circulating in the media depicting the voices of the Attorney-General and A3 fervently discussing the evidence the Attorney-General will prefer the said A3 to adduce at the trial,” as stated in his application.
Dr Ato Forson added that failure to order a mistrial in such circumstances, where there appears to be a blatant disregard for the rule of law and ethical standards of prosecution, could severely undermine public confidence in the judicial process.
Dr Ato Forson, a former Deputy Finance Minister, has pleaded not guilty to causing a €2.3 million loss to the state in an ambulance deal.
He is on trial with two others — Sylvester Anemana, a former Chief Director at the Ministry of Health and Richard Jakpa, a businessman, who have also pleaded not guilty.
The accused persons are to answer five counts of wilfully causing financial loss to the state, abetment to wilfully causing financial loss to the state, contravention of the Public Procurement Act, and intentionally misapplying public property.
The Minority Leader is not the only person who wants the court to take action on the audio conversation between the two parties in the case.
The third accused, Richard Jakpa, also applied to have the charges against him dismissed or have the proceedings against him stayed for the same reasons.
Below is the court document to that effect.