By Beatrice Oppon
The High Court in Accra has adjourned to Thursday June 6, 2024 to rule on four separate applications in the ongoing trial of Minority Leader in Parliament Dr Cassiel Ato Forson and Businessman Richard Japka in the Ambulance trial.
Three of the applications which were filed by Lawyers for Dr Ato Forson are Stay of Proceedings pending appeal, an Order for Enquiry into the Conduct of the Attorney General and the last being an Order for Mistrial.
The fourth application filed by Counsel for Mr Jakpa, Thadeus Sory, is also seeking an order to strike out the charges and terminate the proceedings or alternatively stay proceedings against the third accused.
The Attorney General has responded to all four applications.
Mr Sory has further raised an objection to the Attorney-General’s affidavit in opposition to his motion to strike out the charges against Mr Jakpa.
The Judge Justice Afia Serwah Asare-Botwe permitted Thadues Sory who is Counsel for the third accused Richard Japka to argue his objection on point of law. She however declined to allow the Lawyers to move the other pending applications.
Justice Asare-Botwe said she will consider the said applications with their attached affidavits.
Mr Sory argued that the Attorney-General’s Affidavit in opposition which was deposed to by a Principal State Attorney fails to disclose the source of information specifically Mr Jakpa’s direct interaction with the Attorney General.
He said the Principal State Attorney is deposed to matters which are not in his knowledge.
Mr Sory contended that his role as a State Attorney does not mean that he has personal knowledge of the interaction between the accused and the Attorney-General.
Attorney General Godfred Yeboah Dame in his response described the objection as totally unfounded and unfair. He said it is inaccurate for Mr Sory to State that the respondent did not disclose any source of information objection.
The Attorney General further argued that the authorities relied on by Mr Sory are totally irrelevant considering that he alluded to civil proceedings instead of criminal. Mr Yeboah Dame also contended that he had made material allegations of fact which ought to have been refuted with an Affidavit and not on point of law.
Dr Ato Forson who is also a former Deputy Minister of Finance is standing trial with Mr Jakpa for allegedly causing financial loss to the State to the tune of 2.37 million euros in the deal to purchase some ambulances for the country between 2014 and 2016.
They have all pleaded not guilty to five counts of abetment to wilfully cause financial loss to the State, wilfully causing financial loss to the State, Contravention of the Public Procurement Act and intentionally misapplying Public Property.
A number of NDC Officials were in Court to observe the proceedings.
