Martin Luther Kpebu, a private legal practitioner, is questioning the Attorney General why he is running away from the allegations leveled against him by businessman, Richard Jakpa.
His question comes on the back of Mr. Dame’s decision to adopt a firsthand hearsay in his affidavit to the application filed by Jakpa for stay of proceedings and mistrial in the ambulance purchase trial.
According to the lawyer, although the approach adopted by the A-G is admissible in law, it is less weightier and also raises doubts, especially when the person to whom the allegations are about, is alive and around.
Speaking on Ghana Tonight on TV3 Tuesday, June 04, 2024, Mr. Kpebu noted that firsthand hearsay, as the practice is called, could be a means by the A-G to avoid cross-examination which is legal, but leaves some questions hanging.
“It could be true that the A-G didn’t sign the affidavit because he intended to avoid cross-examination because quite clearly, everybody listening to the tape knows that that’s the voice of Godfred Dame so that’s not in dispute so for those who say he deliberately didn’t sign to avoid cross examination, it is possible.
“To put it in a different way, Dame by not going to the record, strengthens indirectly Richard Jakpa’s case because Dame is alive and well and so why is he running away from the allegations. So by using hearsay, because now, that’s firsthand hearsay, that is to say, Richard Gyambibi heard those statements, –whatever happened from Dame –and now Gyambibi is the one informing the court so that is firsthand hearsay. It’s admissible in evidence but the weight of it is another matter when the one with personal knowledge is walking around freely and avoiding coming on record and rather using firsthand hearsay,” the lawyer elaborated.
“The only thing is that, considering that the allegations are against Godfred Dame and he is around and he is not a deposit to the affidavit, yes, inferences could be made that, he is running away from the allegations that’s why he doesn’t want to sign but that doesn’t mean that no other person can sign,” the lawyer explained further.
He, however, explained that it does not also mean that Jakpa should automatically win the case. Mr. Kbepu says he must present a concrete evidence to back his case, especially on the aspects that are criminal in nature.
“But it doesn’t mean that automatically, just because Godfred Dame is refusing to go on record, then insofacto, Jakpa should win. Jakpa should meet the threshold, he has to meet the standard required. Some of the allegations are criminal in nature so his evidence has to be good and should be proved beyond reasonable doubt,” he explained.
Background
Richard Jakpa, the third accused person in the ongoing ambulance purchase trial, had alleged that the Attorney-General, Godfred Yeboah Dame, had on some occasions, contacted him on odd hours to influence him on his testimony.
According to Jakpa, the Attorney-General had coerced him to falsify his testimony against the first accused person, Dr. Cassiel Ato Forson, to get him behind bars since he was the main target of the prosecution.
The allegations, which the National Democratic Congress (NDC), where Dr. Ato Forson belongs and is a caucus leader of in Parliament, has since published an audio recording of a conversation between the A-G and Jakpa as evidence.
Mr. Jakpa has since filed an application seeking orders to strike out the charges against him and terminating the proceedings. He also asked the court to stay proceedings or order a mistrial.
But the Attorney-General, in an affidavit in opposition to the application, deposed to by a Principal State Attorney, Richard Gyambibi, said no proper grounds had been canvassed by the applicant to warrant a grant of the application.
