Ambulance trial: Court dismisses Ato Forson’s application for mistrial
An Accra High Court has dismissed Minority Leader Dr Cassiel Ato Forson’s application for a mistrial in the ongoing ambulance case.
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 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,” he stated in his application.
The Minority Leader insists 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.
However, the trial judge, Justice Afia Serwah Asare-Botwe dismissed the prayer for a mistrial.
She explained that the Minority leader did not show provisions that warrant a mistrial in this case nor probe the A-G’s action.
On the issue of an inquiry into the allegations of calls from the Attorney-General to Mr Jakpa at odd hours, Justice Asare-Botwe said that the request has no legal backing.
Dr Ato Forson, a former Deputy Finance Minister, has pleaded not guilty to causing the state a €2.3 million loss.
He has 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.