The third accused person in the ambulance trial Richard Jakpa, has filed an application through his lawyers seeking the dismissal of the case against him. In the application which he took under oath, Richard Jakpa said during his meetings with the Attorney-General, Godfred Dame, he was assured that he was not the target.
He explained that the Attorney-General told him he and the second accused, Dr. Sylvester Anemana, were only added as masks to hide the real intent of the case. According to Richard Jakpa in the application, Godfred Dame said A1, Ato Forson was prosecuted at the behest of President Akufo-Addo and the former Finance Minister Ken Ofori-Atta.
“Hon. Dame also explained to me that the first accused’s (Dr. Ato Forson) prosecution had to be undertaken because of pressure from the former Minister for Finance [Dr. Ken Ofori Atta and the President) and assured me repeatedly that I was not the target of the prosecution,” part of the application read.
“Based on the interaction I had with Hon. Dame, a relationship of trust developed between us because I believed him since as a lawyer and the person who initiated the prosecution, he assured me that as an agent, I am not, in law, liable for my principal’s actions,”
“Very well aware that I now trusted him, Hon. Dame told me that he was informed that during the investigations I had made some documents available to the Economic and Organised Crime Office [EOCO] and asked if I could share more of them with him and I promptly did by forwarding some relevant documents to aid my case to him from my cell phone.”
Richard Jakpa said he suspected Godfred Dame was now abusing their trust when the Attorney-General filed a submission contesting his no case submission.
“My first hunch that Hon. Dame may be abusing the trust I reposed in him came when after assuring me that an agent is not liable for the acts of his principal, he [the Attorney-General] filed a submission contesting my submission of no case.”
He argued that the charges against him are abuse of the court processes, abuse of the prosecutorial powers of the Attorney-General and abuse of his rights to fair trial.
“It has become clear to me without a shred of doubt that the charges against me and the instant proceedings are only being pursued by the Attorney-General against me (i) in abuse of the court process as they are not pursued bona fide (ii) abuse of his prosecutorial powers which must be exercised not only in accordance with law but also fairly and reasonably, in good faith, without arbitrariness or caprice (iii) in abuse of my right to a fair trial because my interactions with the Attorney-General and my openness to him by virtue of the trust I reposed in him as a lawyer.
“At the hearing of this application, my counsel will pray the court to give me the chance to testify orally on oath and explain the various interactions I have had with the Attorney-General in connection with this case and be cross-examined on my testimony.
“My counsel will also pray the court to give the Attorney-General the chance to testify orally on oath should he wish to challenge my testimony,”
“PLEASE TAKE NOTICE that this honourable Court shall be moved by THADDEUS SORY ESQ., of MESSRS SORY @ LAW Counsel for and on behalf of the Third Accused/Applicant herein praying the Court for an order; i. striking out the charges and accordingly terminating the proceedings against the Third Accused/Applicant or alternatively,
ii. A stay of the proceedings before the Court against the Third Accused/Applicant.”
Read the full application
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