The third accused in the ambulance trial case, Richard Jakpa, has prayed the High Court to strike out the case against him.
He says the Attorney-General at whose instance he is being prosecuted brought the charges and instituted the proceedings in abuse of the process of the court and contrary to his constitutional obligations under Articles 23 and 296 of the 1992 Constitution.
He is also accusing the Attorney-General of abusing his prosecutorial powers contrary to the 1992 Constitution.
According to him the A-G has through his engagements with him (Jakpa) admitted that there is no case against him.
An application filed on his behalf by Sory @ Law today, Thursday, May 30, argues that his continued prosecution violates his rights to a fair trial.
“Hon. Dame also explained to me that the first accused’s (Dr. Ato Forson) prosecution had to be undertaken because of pressure from the former Minister for Finance [Dr. Ken Ofori Atta and the President) and assured me repeatedly that I was not the target of the prosecution.
“Based on the interaction I had with Hon. Dame, a relationship of trust developed between us because I believed him since as a lawyer and the person who initiated the prosecution, he assured me that as an agent, I am not, in law, liable for my principal’s actions,” Mr Jakpa stated in his affidavit of support.
Mr Jakpa further deduced that, “It has become clear to me without a shred of doubt that the charges against me and the instant proceedings are only being pursued by the Attorney- General against me (i) in abuse of the court process as they are not pursued bona fide (ii) abuse of his prosecutorial powers which must be exercised not only in accordance with law but also fairly and reasonably, in good faith, without arbitrariness or caprice (iii) in abuse of my right to a fair trial because my interactions with the Attorney-General and my openness to him by virtue of the trust I reposed in him as a lawyer.”
Meanwhile, the third accused wants the court to grant the Attorney-General audience to orally challenge his allegations under oath.
Ambulance Case: Richard Jakpa files application to strike out charges against him
“At the hearing of this application, my counsel will pray the court to give me the chance to testify orally on oath and explain the various interactions I have had with the Attorney-General in connection with this case and be cross-examined on my testimony.
“My counsel will also pray the court to give the Attorney-General the chance to testify orally on oath should he wish to challenge my testimony,” he added.
Accusation in court
The third accused in the ambulance purchase trial, Richard Jakpa, on Thursday, May 23, accused the Attorney-General of approaching him to help him implicate Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.
The businessman who was under cross-examination by counsel for the Minority Leader, had earlier been warned by Justice Afia Serwah Asare-Botwe to be direct in his responses rather than going around it and wasting the Court’s time.
Attorney-General, Godfred Yeboah Dame reacting to the judge’s caution accused Richard Jakpa of defending the Minority Leader.
This triggered the third accused who retorted that the Attorney-General appeared pained because he had engaged him to help the state make a case against Dr Cassiel Ato Forson.
“The A-G has on several occasions engaged me at odd hours to help him make a case against A1 and I have evidence for that.. If he pushes me, I will open the Pandora’s box. I don’t understand why the A-G will accuse me of defending A1 when I’m here to defend myself,” Jakpa fumed in court.
A-G will not resign
Meanwhile, the NPP, in a counter-press conference on Tuesday, said Mr Dame will not resign, describing the audio as being “doctored” and “a ploy to get the A-G to discontinue the prosecution of the Minority Leader, Dr. Cassiel Ato Forson.”
Furthermore, the NPP indicated that the calls for the resignation of the Attorney General is “misplaced, unwarranted and this would not put any spokes in the prosecution of Cassiel Ato Forson and his associates.”
“Also, coming from the NDC the call for the Attorney General to resign is very very rich.
“The AG would not resign and would continue to remain witty, resolute and focused in the delivery of his work,” Frank Davies emphasised.
Click Here to read Mr Jakpa’s full application.
