The Court of Appeal has acquitted and discharged Minority Leader, Hon. Cassiel Ato Forson, in the ongoing ambulance case. This decision overturns a previous order by the trial court requiring Dr. Forson to open his defense.
The High Court in Accra had previously dismissed Dr. Forson’s application for a mistrial and an inquiry into the conduct of the Attorney General.
According to the trial judge, there were no statutory provisions presented by the minority leader that warranted a mistrial or an investigation into the Attorney General’s actions.
Dr. Ato Forson, on June 3, filed a supplementary affidavit supporting his motion for a mistrial, injunction, or stay of proceedings.
His legal team cited a leaked tape between the Attorney General, Godfred Yeboah Dame, and the third accused, Richard Jakpa.
The tape allegedly depicted the Attorney General coaching Jakpa to implicate Dr. Forson in the trial. In the affidavit, Forson’s legal team argued that the Attorney General had misconducted himself and called for the prosecution to be declared a mistrial.
Dr. Forson emphasized the necessity of this affidavit to bring to the court’s attention significant matters that could impact the fair and just determination of the application.
The Minority Leader’s appeal at the Court of Appeal has now been upheld by a 2:1 majority decision.
This ruling not only acquits and discharges Dr. Forson but also frees businessman Richard Jakpa, the third accused in the case.
Dr. Forson argued that failing to declare a mistrial in the presence of such misconduct by the Attorney General would undermine public confidence in the judicial process.