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The Court of Appeal has acquitted and discharged Minority Leader Hon. Cassiel Ato Forson in the ongoing ambulance case. This decision overturns the trial court’s order for Dr. Forson to open his defense.
The Director of Legal Affairs for the National Democratic Congress (NDC), Edudzi Tamekloe, explained on the Breakfast Show that the appeal was filed after the trial court dismissed their submission of no case, ruling that there was sufficient evidence against the accused to warrant a defense.
Tamekloe stated, “After the prosecution called their witnesses, lawyers for the accused persons did what we call ‘a submission of no case’. The Court dismissed the submission and ruled that a case had been made against the accused person, warranting them to open their defense. We appealed that decision. The Court of Appeal, by a 2-1 majority, upheld the appeal, thereby acquitting and discharging Dr. Cassiel Ato Forson and Richard Jakpa. The court further ruled that the order by the trial court judge for the accused persons to open their defense is hereby set aside.”
On June 6, the High Court in Accra dismissed an application by Dr. Forson for mistrial and an enquiry into the conduct of the Attorney General in the ongoing case. The trial judge ruled that Dr. Forson had not shown any statutory provisions warranting a mistrial or an enquiry into the Attorney General’s conduct.
Dr. Forson had previously filed a supplementary affidavit on June 3, citing a leaked tape between the Attorney General, Godfred Yeboah Dame, and the third accused, Richard Jakpa. In the tape, Dame allegedly attempted to coach Jakpa to implicate Dr. Forson. Dr. Forson’s legal team argued that the Attorney General’s misconduct warranted a mistrial.
The Court of Appeal’s decision, upheld by a 2:1 majority, has now acquitted and discharged both Dr. Cassiel Ato Forson and businessman Richard Jakpa, the third accused in the trial.
