Attorney-General opposes Dr. Ato Forson’s request for probe and mistrial

Attorney-General opposes Dr. Ato Forson’s request for probe and mistrial

and Minister of Justice, has filed an opposition to Dr. 's application for the High Court to order a probe into the his (Attorney-General's) conduct in the ongoing trial of two persons accused of wilfully causing financial loss to the State.

Ato Forson, Minority Leader in and first accused in the ambulance procurement case, wants the AG's conduct probed following an allegation by the third accused in the case, Richard Jakpa, that the AG had been trying to recruit him to aid his (Dr. Forson's) prosecution.

And apart from the order to inquire into the AG's conduct, Ato Forson is also seeking an order of mistrial, an injunction and/or stay of proceedings in the criminal case.

But the Attorney-General says the application is “unfounded, unmeritorious and unknown to the law”, and that “no proper grounds have been canvassed by the applicant to warrant a grant of this application, which is unknown to the laws governing criminal law and practice in Ghana.”

Godfred Dame says the application “is a smokescreen and a veiled attempt” by Dr. Ato Forson “to abort his legitimate prosecution for actions committed as a public officer which led to the State losing colossal amounts of funds. Same is incompetent as no one has immunity from prosecution under the laws of Ghana.”

The AG in an affidavit deposed to by a Principal State Attorney, says Ato Forson's claims in support of the application “are laden with spurious allegations which are carefully and mischievously calculated at creating needless doubts about the ability of the court to dispense justice in this case.

Again, the AG says that “Even though the applicant levels many wild and untrue allegations against the Attorney-General, no deposition in the affidavit in support attacks the integrity of the court or hints at any decision or action by the trial court which impedes the capacity of the court to administer justice in this case.”

The AG denies virtually all allegations against him, including the claim that he could not respond immediately to the third accused, Richard Jakpa's outburst in court alleging that the AG had tried to recruit him to aid in the prosecution of Ato Forson.

Rather, the Principal State Attorney says that “the reaction of the Attorney-General to the unfounded allegations of the 3rd accused was most professional, as he was not a witness in the courtroom and was therefore not required to respond. Further, the Attorney-General will have his day in cross-examination of the 3rd accused person.”

The affidavit concludes that “it is totally untenable for the applicant to be let off the hook on account of fabricated allegations by the 3rd accused person aimed at assisting the applicant to gain unwarranted advantage in this trial. 

“That the integrity of the proceedings before this court remains intact as the proceedings of the court have been conducted in open court with all parties given the opportunity to test the evidence given for and against them in court, in accord with the common law tradition.”

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