Source: Onuaonline.com
Private legal practitioner, Rockson-Nelson Etsi Kwami Dafeamekpor, avers the Attorney-General, Godfred Yeboah Dame, was injuncted from the ambulance trial when the High Court judge advised him to recuse himself from the matter.
According to Mr. Dafeamekpor, Justice Afia Serwah Asare-Botwe’s advice to the A-G means Mr. Dame should stay away from the case and can therefore, not return to the courtroom to further the prosecution.
The South Dayi Member of Parliament, speaking on the KeyPoints on TV3 Saturday, June 15, 2024, listed some reasons why the A-G should discontinue prosecuting the matter following the advice.
“I am saying on authority that when the court said I strongly advise the Attorney-General recuse himself in this matter, that’s an injunction, that’s an order directing the Attorney-General to stay away.
“The Attorney-General cannot return to that court and continue prosecuting that case. One; he will lose respect from the court, two; the court can refuse not to hear him because the court has advised him strongly to stay away from the case so it amounts to an injunction. I will defend this anywhere,” he stated.
The lawmaker counseled that, “if the Attorney-General would disregard this directive from the court and go back to the court, it is to his own career.”
The Attorney-General, Godfred Yeboah Dame, was advised by Justice Afia Serwah Asare-Botwe Thursday, June 06, 2024, to recuse himself from the €2.37 million financial loss to the State case.
That, according to the judge, was one way of ensuring that the judicial process was protected and to gain public confidence and not give a perception that cases can be held at any other place except the court room.
The court presided over by Justice Asare-Botwe issuing the advise in a ruling in relation to a secret audio recording of a conversation between the A-G Godfred Yeboah Dame and Richard Jakpa, the third accused person in the ambulance case said the matters on A-G’s conduct in audio do not fall within remit of criminal proceedings.
Making pronouncements on a recorded conversation between the Attorney-General and one of the accused persons in the trial as part of the June 06 ruling, the judge said after listening to the audio, the A-G did not ask Richard Jakpa, the accused person to help him (A-G) to make the case better against the first accused, Dr Cassiel Ato Forson.
“It is my considered view that it will be prudent to strongly advise the A-G not to be directly involved in the conduct of this case.
“This is one way of ensuring that the judicial process is protected and to gain public confidence and not give a perception that cases can be held at any other place except the court room”, she said.
She said however, the portion of the audio where the A-G was heard asking the businessman to seek medical excuse were matters outside the remit of the court but it is within the remit of the General Legal Council under the Legislative Instrument (L.I) on the professional conduct of lawyers.
Meanwhile, the A-G after the proceedings told the media he will not recuse himself since the judge’s message was a mere advice.
The court, also on its ruling Thursday, June 13, admitted the audio recording into evidence.
Source: www.onuaonline.com
