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Court dismisses Cassiel Ato Forson's mistrial application in ambulance case

The High Court in Accra has dismissed an application by Minority Leader Cassiel Ato Forson for a mistrial and an enquiry into the conduct of the Attorney General in the ongoing ambulance case.

Cassiel Ato Forson

The trial judge ruled that the Minority Leader had not demonstrated any statutory provisions that warrant a mistrial or an enquiry into the Attorney General's affairs.

On Monday, June 3rd, Dr. Ato Forson filed a supplementary affidavit in support of his motion for an order of mistrial, an injunction, and/or a stay of proceedings in the ongoing case against him and two others.

Lawyers for the Ajumako-Enyan-Esiam legislator cited a leaked tape between the Attorney General, Godfred Yeboah Dame, and the third accused, Richard Jakpa. They alleged that the tape depicted the Attorney General attempting to coach the third accused to implicate Dr. Ato Forson in the trial.

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In the affidavit, Dr. Forson's legal team argued that the Attorney General had misconducted himself and called for the prosecution to be declared a mistrial.

“It has become necessary to file this affidavit to bring to the Court’s attention, in the interest of justice, certain pertinent, material, and relevant matters that bear on the fair and just determination of the current application,” the affidavit stated.

“I have had the opportunity to listen to a widely circulated recording in the media depicting the voices of the Attorney General and A3 fervently discussing the evidence the Attorney General wishes A3 to present at the trial. At the hearing of the current application, my counsel will seek leave of the court to have the said audio recording played in open court.”

The Minority Leader further argued 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 by the Attorney General, could severely undermine public confidence in the judicial process.

Despite these arguments, the High Court dismissed the application, allowing the trial to proceed as scheduled.

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