Ghana: Ambulance Case - Court Admits Audio Recording of Conversation Between Jakpa, a-G

The High Court in Accra, yesterday admitted into evidence the audio recording of the conversation between Mr Richard Jakpa and the Attorney-General and Minister of Justice, Mr Godfred Yeboah Dame in the ongoing 2.7 million euros ambulance trial.

Mr Jakpa had asked the court to stay proceedings over what he described as professional and prosecutorial misconduct by the Attorney-General.

Mr Jakpa who is standing trial together with Mr Cassiel Ato Forson, the Minority Leader, alleged that Mr Dame wanted him (Jakpa) to bear false testimony against Mr Forson who is the first accused.

Mr Dame on the other hand filed an affidavit in opposition and asked the court not to admit the audio recording in evidence.

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But Justice Afia Serwah Asare-Botwe, a Court of Appeal Judge, presiding, dismissed the objection of the Attorney-General and admitted the audio recording in evidence.

On June 6, Justice Asare-Botwe, who is sitting with additional responsibility as High Court judge, advised Mr Dame to recuse himself from prosecuting the case, and cited alleged professional and prosecutorial misconduct as the basis for her advice to Mr Dame to stay away from the case.

She subsequently dismissed four applications filed by the accused to stay proceedings, order for enquiry into the conduct of the Attorney-General, order for mistrial, and a motion to stop the prosecution of the accused.

In her ruling on June 6, Justice Asare-Botwe said it was her considered opinion that the court was not the appropriate forum to conduct enquiry into the conduct of the A-G, and urged the applicant to seek redress at the General Legal Council, if they were minded to do so.

Dr Forson is standing trial for allegedly signing Letters of Credit (LC) for the procurement of 200 ambulances for the government of Ghana.

The facts are that Dr Forson and the other accused allegedly breached the procurement law in the purchase of the ambulances.

Mr Dame, prosecuting, said that on August 7, 2014, Dr Forson wrote to the Bank of Ghana (BoG) "urgently requesting to establish the Letters of Credit for the supply of 50 ambulances amounting to €3,950,000, representing 25 per cent of the contract sum, while arrangements were being made to perfect and sign the loan agreement in favour of Big Sea."

He said on August 12, 2014, DrForson wrote to the Controller and Accountant-General authorising the release of GH¢806,688.75 to the Minister of Health for the payment of bank charges covering the establishment of Letters of Credit (LCs) for the supply of 50 Mercedes Benz ambulances and related services.

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