The Court of Appeal has dismissed an appeal filed by the legal representative of Minority Leader, Dr. Cassiel Ato Forson, against an Accra High Court’s decision to dismiss an application for mistrial in the ambulance trial he filed.
Justice Afia Serwah Asare-Botwe, presiding over the ambulance trial, ruled that the application filed by former Deputy Finance Minister Dr. Cassiel Ato Forson was not tenable.
The application alleged professional and prosecutorial misconduct on the part of Attorney-General Godfred Dame, referencing a tape in which Dame and a co-accused were purportedly discussing matters before the courts.
The judge found no statutory basis to declare a mistrial or to investigate the Attorney-General’s conduct. Dr. Ato Forson’s legal counsel sought to appeal the court’s decision, arguing that the charges against Dr. Forson were not properly formulated and did not sufficiently indicate the nature of the acts constituting the alleged offences.
The Court of Appeal, however, found that the charges contained sufficient particulars as required under Article 19 (2) (d) of the 1992 Constitution and Section 112 (4) of Act 30. The court held that the appeal was without merit and dismissed it accordingly.
Responding to the court’s decision, the Attorney-General’s office stated that the charges were properly drafted and adequate particulars had been provided on the charge sheet, in accordance with the case law.
The ambulance trial involves Dr. Cassiel Ato Forson and co-accused Richard Jakpa, who had been facing charges related to alleged misconduct. The dismissal of the mistrial application means that the trial will proceed as scheduled.