An Accra High Court has dismissed Minority Leader, Dr Cassiel Ato Forson’s application for a mistrial in the ongoing Ambulance case.
It follows numerous applications filed by the first accused person and the third accused, Richard Jakpa.
The applications are an order of inquiry into the conduct of the Attorney-General following the allegations made by Richard Jakpa to the effect that the A-G has been calling him at odd hours; an order of mistrial with the aim of terminating the case; a stay of proceedings until the application is determined; and a motion asking the court to strike out charges against the businessman.
The Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson filed three of the motions while the last one was filed by the businessman.
A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.
In his affidavit filed on Friday, May 31, Dr Ato Forson highlighted concerns regarding the leaked tape, which he believes demonstrates professional misconduct on the part of the AG.
These recordings were submitted and annexed to the filed application.
But in a subsequent motion, the AG’s office insisted that these form part of attempts by the accused persons to evade justice.
In court today, Justice Afia Serwah Asare-Botwe dismissed the prayer for a mistrial.
She explained that the Minority leader did not show provisions that warrant a mistrial in this case nor probe the AG’s action.
On the issue of an inquiry into the allegations of calls from the Attorney-General to Mr Jakpa at odd hours, Justice Afia Serwah Asare-Botwe determined that the request has no legal backing.
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