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Justice Afia Serwah Asare-Botwe, presiding over the high-profile ambulance case, has accepted an audio recording featuring the Attorney-General and businessman Richard Jakpa as evidence.
This decision, rendered on Thursday, June 13, echoes the rationale provided during a mistrial motion on June 6, 2024.
Justice Asare-Botwe highlighted the necessity of fairness in admitting the pen-drive containing the recording, pointing out that any electronic evidence from the prosecution would likewise have been accepted.
The issue arose when attorneys for Minority Leader Dr. Cassiel Ato Forson sought to introduce the recording, prompting an objection from the Attorney General, who questioned its validity and relevance.
The defense maintained that the 16-minute audio, which was significant in a previous mistrial ruling, is crucial for addressing the charges of causing financial loss to the state brought by the Attorney General.
Dr. Aziz Bamba, lead counsel for Dr. Forson, argued that the recording relates to an agreement between the Ghanaian government and a Letter of Credit.
He asserted that the Attorney General’s behavior in the recording suggested undue pressure on the accused and undermined the trial’s fairness.
Dr. Bamba suggested that the case was pursued without good faith, pointing out procedural irregularities in the Attorney General’s approach.
In contrast, the Attorney General opposed the inclusion of the recording, arguing that its relevance was not sufficiently demonstrated.
The AG referenced the trial judge’s previous rejection of the mistrial motion, which was based on the recording, as evidence of its limited importance to the case.
The prosecution also accused Richard Jakpa of infringing on the Attorney General’s privacy by recording their conversation.
Despite these objections, Justice Asare-Botwe ruled in favor of admitting the recording, disagreeing with the Attorney General’s position. She upheld that including the audio was essential for ensuring a fair trial, as electronic evidence from the prosecution would have received similar treatment.
