The High Court hearing the matter involving a financial loss of 2.37 million euros to the state on the purchase of defective ambulances has set Thursday, June 13, 2024, to determine an application by lawyers of Minority Leader, Dr Cassiel Ato Forson.
Led by Dr. Abdul Bassit Bamba, counsel for the first accused in the ambulance trial on Tuesday moved an application to admit the recording of the audio tape conversation involving Richard Jakpa and Godfred Yeboah Dame into evidence citing relevance to their earlier application of mistrial which had been dismissed by the court.
This was after Justice Afia Serwah Asare-Botwe called for the audio tape to be played in open court upon confirming that all the parties had been served and the same had been tendered in court.
She indicated that playing the recording in court was to help with the determination of the tape into evidence as well as reaffirm whether it was the same tape served on the prosecution and lawyers of Dr. Ato Forson.
Upon listening to the tape, Director of Public Prosecution, Yvonne Attakora Obuobisa objected to the tendering of the recording into evidence on grounds of relevance and breach of privacy of the Attorney-General (constitutionality of the action).
She noted that the court had already relied on the tape in its ruling which dismissed all the applications filed by both Dr. Ato Forson and Richard Jakpa.
“We object to the Tendering of this recording into evidence. Insufficient foundation has been laid for its inclusion into evidence in the ongoing trial. Me lady will note that by its own ruling on June 6, this court admitted into evidence this same recording that counsel seeks to tender of the 3rd accused(Dr Cassiel Ato Forson).”
The Director of Public Prosecution further explained that the tape was of no relevance to the substantive case and also failed to meet the constitutional threshold in order for it to be admitted into evidence.
She argued that bordering on the issue of constitutionality, the recording breached the Attorney-General’s right to privacy.
“There’s absolutely no relevance to admit this tape into evidence. It doesn’t assist this court to arrive at a decision regarding the substance of this case.
“For you to interfere in the right to privacy, you record somebody because you want to prevent the commission of a crime.”
“This recording, everything when it comes to LCs have already been said and witnesses have been cross-examined extensively. This recording is of no significance in arriving at a decision.
“Secondly, even if they were to cross the relevance hurdle which they have woefully failed to do, it has to pass the constitutional hurdle. What crime were they seeking to prevent for the interference of a breach to privacy.
“They haven’t said the A-G was committing a crime. They haven’t reported to the Police.”
The DPP cited the coup plot trial in which the court admitted a recorded audio because it was used to prevent a crime.
“We laid the necessary foundation, we explained what had been done, we showed proper custody and chain of custody and there was basis for admission for the tape. None of that has been done by the lawyers in this matter,” Yvonne Attakorah Obuobisa added.
But lead counsel for Dr Ato Forson described the prosecution’s objection as indefensible. He maintained that the actions of the Attorney-General as captured on the tape shows that the Minister was seeking to subvert justice.
“The objection is untenable. Content of the audio is relevant to the case. The audio relates to the subject matter of exhibit V and A. The tape is relevant to any examination of exhibit A.
“It’s relevant to when government should have established letters of credit. Whether any financial loss has been caused to the state.
“In the tape we heard it was Anemana who authorized the LCs and not Ato Forson,” Dr Aziz Bamba argued.
“The A-G hasn’t denied that, that was his voice, neither has the prosecution denied. You can take cognizance of it under section 9 of the Judicial notice.
“This court it’s ruling on application for mistrial found this tape to be relevant for those proceedings and admitted into evidence. For the same reasons and more that the court assigned for admitting the tape, same applies.
“Audio involves the A-G who is the guardian of the constitution. What this audio indicates is that the A-G is seeking to subvert justice. What he did is contempt of court,” Dr Bamba added.
The case has since been adjourned to Thursday, June 13 for determination of the application and resumption of the cross-examination of Richard Jakpa.
By Laud Harris Adu Asare
