Alleged audio of A-G: Dame’s conduct, grounds for mistrial hearing – Srem-Sai

Private legal practitioner Justice Srem-Sai has observed that the alleged conduct of Attorney-General Godfred Dame Yeboah is grounds for a mistrial hearing in any serious democracy.

He said the allegations are serious and every Ghanaian should be worried, stressing that no reasonable explanation can absolve Mr Dame under the circumstances.

In an interview with TV3, Justice Srem-Sai also emphasised the fact that the allegations were made in an open court and have been captured by the court. This, he noted, gives the claims higher chances of believability.

Furthermore, Srem-Sai indicated that criminal trials have a lot more to do with the processes than the actual case itself. Thus, the conduct of the A-G, if proven, is evident enough for a mistrial hearing to commence.

“What we hear from this tape and what is going on, an accused person to consider himself being put under pressure by no mean a prosecutor but the head of the prosecution, the Attorney-General, that alone is enough grounds for any serious judicial system or any serious democracy to opt for what we call a mistrial hearing.

• Ambulance case: Yeboah Dame must be sacked immediately – AriseGhana


“Mistrial hearing simply means that some things have gone on in the course of the trial either by the conduct of the prosecutor or some of the procedures involved, which have tainted the trial,” Srem-Sai explained.

“In the United States for instance, if this is a proper case for us to call for a mistrial [hearing], then the case will be started de novo if it finds that the allegations indeed are true.”

Accusations

The third accused in the ambulance purchase trial, Richard Jakpa has accused the Attorney-General of approaching him to help him implicate Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.

The businessman who was under cross-examination by counsel for the Minority Leader, had earlier been warned by Justice Afia Serwah Asare-Botwe to be direct in his responses rather than going around it and wasting the Court’s time.

Attorney-General, Godfred Yeboah Dame reacting to the judge’s caution accused Richard Jakpa of defending the Minority Leader.

This triggered the third accused who retorted that the Attorney-General appeared pained because he had engaged him to help the state make a case against Dr Cassiel Ato Forson.

“The A-G has on several occasions engaged me at odd hours to help him make a case against A1 and I have evidence for that.. If he pushes me, I will open the Pandora’s box. I don’t understand why the A-G will accuse me of defending A1 when I’m here to defend myself,” Jakpa fumed in court.

NDC releases alleged audio recording of A-G

On Tuesday, May 28, the opposition National Democratic Congress (NDC) held a press conference to adduce some “incontrovertible evidence” to buttress the claims by the third accused.

During the press conference addressed by the party’s National Chairman, Johnson Asiedu Nketia, a sixteen-minute audio recording of a telephone conversation believed to be between the A-G and Mr. Jakpa was played and later released to the public.

• NDC calls for the dismissal and prosecution of Godfred Dame

Excerpts of the audio captured the yet-to-be authenticated voice of the Attorney-General, asking Mr Jakpa to seek a medical excuse to skip court proceedings pending his return to the country.

The party further demanded the “immediate and unconditional dismissal or resignation” as well as prosecution of the Attorney-General.

NPP says A-G will not resign

Meanwhile, the NPP, in a counter-press conference on Tuesday, said Mr Dame will not resign, describing the audio as being “doctored” and “a ploy to get the A-G to discontinue the prosecution of the Minority Leader, Dr. Cassiel Ato Forson.”

Furthermore, the NPP indicated that the calls for the resignation of the Attorney General is “misplaced, unwarranted and this would not put any spokes in the prosecution of Cassiel Ato Forson and his associates.”

“Also, coming from the NDC the call for the Attorney General to resign is very very rich.

“The AG would not resign and would continue to remain witty, resolute and focused in the delivery of his work,” Frank Davies emphasised.