Lawyer Martin Kpebu has strongly critiqued a recent ruling on a mistrial application filed by two accused persons in a high-profile financial crimes case.
Ato Forson and Richard Jakpa, filed separate applications seeking the declaration of a mistrial in the ambulance purchase case.
Both accused persons cited contents of a leaked audio between Attorney-General Godfred Dame and Jakpa for their application.
On Thursday, June 6, 2024, the presiding judge, Justice Afia Serwah Asare-Botwe, ruled that the application filed by the former Deputy Finance Minister, Dr. Cassiel Ato Forson, was not tenable.
Lawyer Kpebu, however, robustly disagreed with the judge stressing that she should have at least heard the lawyers for both applicants before writing her ruling on the matter.
He explained extensively on TV3 (June 7, 2024) that there are tonnes of literature on criminal disclosures in the United States, United Kingdom and other African countries where mistrials have been granted over similar reasons cited by the applicants.
"Sometimes a common lie by the prosecution witness or the prosecutor just suppressing some evidence, then the whole trial is stopped, so many of them (cases).
"The judge handicapped herself from receiving such arguments from the defence lawyers. There was huge mistake, this area of the law is new so it shouldn't be taken for granted that let's leave it for the judge alone," he stressed.
"The judge needs to listen to the arguments from the lawyers, they had to bring their cases then she would blend with hers, the outcome would have been better than the situation where she alone just did the ruling," he emphasized.
Kpebu stressed that with defence counsels like Thaddeus Sory for Jakpa and Abdul Aziz Bamba for Ato Forson, the ruling would have been much richer and better.
My Business Law even taught me that common law is a source of our laws and that JSC Serwaa made a huge mistake. The Mistrial application should have been moved and admitted for her to learn. pic.twitter.com/smcqSr96nH
— KOJO DYNAMIC 𓃵 (@AnnanPerry) June 7, 2024
"In our body of laws, as far as the legislation or case law is concerned, there
is no provision for the court to declare a mistrial on the basis of the alleged
misconduct of a lawyer, either for the prosecution or the defence," portions of the 39-page judgment read.
The court also declined jurisdiction to order an inquiry into the A-G's conduct and directed Ato Forson to seek redress from the General Legal Council if he wished to pursue the matter further.
The trial judge also advised the A-G to stay away from the trial citing the leaked audio tape and its contents, expressing reservations about Dame's interaction with Jakpa, even though it did not constitute grounds to halt the case.
The A-G has openly stated that while the Judge was right to advise about the case, he was not going to recuse himself expressing commitment to prosecute the matter till the end.
Read the full judgment below:
SARA
