Dr. Cassiel Ato Forson and Richard Jakpa
The judge presiding over the trial of Minority Leader Dr. Cassiel Ato Forson and businessman Richard Jakpa, has cautioned both the prosecution and the defence lawyers to be circumspect in their commentary and utterances on matters relating to the trial.
According to Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court judge, although those commentaries are not likely to prejudice the court or her decision, there is the need for all parties to be circumspect in their commentary as far as the trial was concerned.
“Let us all get it that this is not a jury trial and as far as prejudicing this case, it is not likely. But I’m very disturbed by the public commentary. There is this line that we all have to toe…” she pointed out yesterday.
Dr. Ato Forson and Richard Jakpa are standing trial for willfully causing financial loss of €2.37 million to the state, through a contract to purchase 200 ambulances for the Ministry of Health, among other charges.
The ambulances, according to court documents, are ordinary buses which are not fit for purpose as they do not have the needed equipment that an ambulance requires.
Justice Asare-Botwe’s cautions followed several commentaries regarding proceedings of last Thursday, May 23, 2024, when Jakpa while under cross-examination claimed to have a recording of a meeting with the Attorney General impressing on him to implicate Dr. Forson.
The judge was particularly concerned about a comment made by the National Communications Officer of the NDC, Sammy Gyamfi, that if the Attorney General can meet Richard Jakpa without his counsel, then he is capable of calling a judge.
The judge had called Sammy Gyamfi into the box to question him about the interview he granted after the proceeding.
The judge asked Sammy Gyamfi what time he came to the court on Thursday, May 23, 2024, and he said if the judge was enquiring about the exact time, then he was unable to tell.
The judge then asked Godwin Tameklo, one of Ato Forson’s lawyers, about what time Sammy Gyamfi came to the court, and he said it was before parties were called into her chambers to address a certain issue. Sammy Gyamfi was told to resume his seat and he did.
Moments later, the judge enquired about who had made the claim that if the Attorney General could meet Richard Jakpa without his counsel, then he is capable of calling a judge.
Sammy Gyamfi owned up and in an attempt to clarify his statement said it was not about the trial judge, stressing that he said the Attorney could call a judge, with emphasis on the indefinite article ‘a’.
The judge was still not impressed with the explanation and clarified that nobody has called her.
She said nobody should go about casting a slur on the judiciary as it is a profession that depends heavily on reputation, moral character and proven integrity.
“We are not interested in your politics. I don’t want to be. We are not politicians and we don’t want to be. Please stay in your arena and let us stay in our arena,” Justice Asare-Botwe stated.
She also reminded Sammy Gyamfi not to “ever forget that you are a lawyer for convenience sake. No lawyer does what you are doing with the Bench. Assuming there is any change, will you suddenly wash away all 400 of us and get another? It’s the same Bench.”
The judge then told former Attorney General, Marietta Brew Oppong and also Deputy Attorney General, Alfred Tuah-Yeboah, to talk to their team, warning that, “If anyone makes any comment trying to prejudice or scandalise this court, it will not be easy.
“Please be careful, all of you. We live in a country where even those of us who are educated may actually not understand the workings of the court. Not to talk of those who have watched American movies and want to bring it down to Ghana. We have our own laws…”
Justice Asare-Botwe added that, “The public does not have a decision to make. The only person who has a decision to make is yours truly. I’m the only person who has a decision to make. Please allow me to have a peace of mind to make my decision.”
Meanwhile, counsel for Dr. Ato Forson has filed two applications – one seeking a stay of proceedings and the other for an order of enquiry, questioning the competence of the prosecutor to prosecute the case.
The judge has adjourned the case to June 4, 2024, so that she can deliver a reasoned ruling on both motions because she could not immediately find a precedent to give a Bench ruling.
“We need to calm down and re-assess the situation. Let’s take a break today and Thursday and let us all calm down. Please we will come back on Tuesday, we’ll take both applications and I’ll deliver a reasoned ruling,” the judge added.
BY Gibril Abdul Razak