The judge's decision to reject the mistrial application is not one I agree with - Ansa-Asare

A former Director of the Ghana School of Law and private legal practitioner, Kwaku Ansa-Asare, has stated that he does not agree with the judge’s conclusion for dismissing Ato Forson’s request for a mistrial in the ongoing ambulance procurement case.

On June 6, an Accra High Court dismissed Minority Leader Dr Cassiel Ato Forson’s application for a mistrial in the case.

Justice Afia Serwah Asare-Botwe explained that the Minority Leader and a former Deputy Finance Minister did not show provisions that warrant a mistrial in this case nor probe the AG's action.

She also advised Attorney-General Godfred Dame to recuse himself due to the turn of events.

According to Mr Asare, these comments by the judge did not sit well with him because the judge could have decided on the matter rather than advising Mr Dame to recuse himself.

Read also: Ambulance case: Court dismisses Ato Forson’s application for mistrial

Speaking on Newsfile on JoyNews on June 8, he said that for the judge to offer such advice meant that the judge could have formed a basis for determining whether or not there was a conflict of interest in the matter.

“Where I find the judge's conclusion wrong is this: the same judge said, 'Mr Attorney General, you need to be strongly advised to recuse yourself.' That alone ought to have formed the basis for deciding whether to admit or not to admit, or to rule on whether the Attorney General did or did not say that."

“She said that he should be strongly advised.

What informed that advice?

It is an acknowledgment of the moral turpitude on the Attorney General,” he said.

He argued that the court had been invited to rule on what the Attorney-General had said in the case, not to offer advice.

Background

The Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson filed three of the motions while the last one was filed by the businessman and third accused, Richard Jakpa.

In his affidavit filed on Friday, May 31, Dr Ato Forson highlighted concerns regarding the leaked tape, which he believes demonstrates professional misconduct on the part of the AG.

These recordings were submitted and annexed to the filed application.

But in a subsequent motion, the AG's office insisted that these form part of attempts by the accused persons to evade justice.

In court on Thursday, June 6, 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 AG's action.

On the issue of an inquiry into the allegations of calls from the Attorney-General to Mr Jakpa at odd hours, Justice Afia Serwah Asare-Botwe determined that the request has no legal backing.

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