Rockson-Nelson Etsi Kwami Dafeamekpor, the Member of Parliament for South Dayi, is asserting that the judge presiding over the matter regarding the €2.37 million financial loss to the State has been implicated by Godfred Yeboah Dame, the Attorney-General (A-G).
The legislator says Justice Afia Serwah Asare-Botwe was ensnared in the matter when the A-G mentioned her in his conversation with the third accused, Richard Jakpa, as he disclosed in court.
During his cross examination in court, Richard Jakpa, substantiating an earlier allegation he made that the A-G impressed upon him to falsify his testimony against the third accused in the matter, Dr. Cassiel Ato Forson, to get him imprisoned, gave a blow by blow account of one of the conversations that ensued between himself and the A-G.
In the said engagement narrated by Richard Jakpa in court, he said Godfred Dame told him he had already arranged everything and shouldn’t worry over his acquittal, something the South Dayi legislator thinks is an implication of the adjudicator.
Speaking on the KeyPoints Saturday, June 15, 2024, on TV3, the MP who said the A-G should recuse himself from the case as a result of the advice from the presiding judge following the developments, justified his assertion.
“Even the judge sitting on the matter has been implicated. Let me refer you to the proceedings of the court. Go to page 22, proceedings of June 13 in court; paragraph 2 of that page [reads]: Then the Attorney-General jumped in and said ‘my brother, you know I do not run the office alone. When they submitted their position against the submission of no case, I could not say no because I do not work alone at the Office of the Attorney-General
With this, the MP also stated the judge’s advice to Godfred Dame was an injunction for him to stay away from the matter.
“I am saying on authority that when the court said I strongly advise the Attorney-General recuse himself in this matter, that’s an injunction, that’s an order directing the Attorney-General to stay away.
“The Attorney-General cannot return to that court and continue prosecuting that case. One; he will lose respect from the court, two; the court can refuse not to hear him because the court has advised him strongly to stay away from the case so it amounts to an injunction. I will defend this anywhere,” he stated.
The Attorney-General, Godfred Yeboah Dame, was advised by Justice Afia Serwah Asare-Botwe Thursday, June 06, 2024, to recuse himself from the €2.37 million financial loss to the State case.
That, according to the judge, was one way of ensuring that the judicial process was protected and to gain public confidence and not give a perception that cases can be held at any other place except the court room.
The court presided over by Justice Asare-Botwe issuing the advise in a ruling in relation to a secret audio recording of a conversation between the A-G Godfred Yeboah Dame and Richard Jakpa, the third accused person in the ambulance case said the matters on A-G’s conduct in audio do not fall within remit of criminal proceedings.
Making pronouncements on a recorded conversation between the Attorney-General and one of the accused persons in the trial as part of the June 06 ruling, the judge said after listening to the audio, the A-G did not ask Richard Jakpa, the accused person to help him (A-G) to make the case better against the first accused, Dr Cassiel Ato Forson.
“It is my considered view that it will be prudent to strongly advise the A-G not to be directly involved in the conduct of this case.
“This is one way of ensuring that the judicial process is protected and to gain public confidence and not give a perception that cases can be held at any other place except the court room”, she said.
She said however, the portion of the audio where the A-G was heard asking the businessman to seek medical excuse were matters outside the remit of the court but it is within the remit of the General Legal Council under the Legislative Instrument (L.I) on the professional conduct of lawyers.
Meanwhile, the A-G after the proceedings told the media he will not recuse himself since the judge’s message was a mere advice.
The court, also on its ruling Thursday, June 13, admitted the audio recording into evidence.
