Businessman, and the third accused in the ongoing Ambulance trial, Richard Jakpa has filed a petition to the Chief Justice seeking a change of the trial judge, Justice Afia Serwah Asare-Botwe.
Mr Jakpa, in his petition, accused Justice Afia Serwah Asare-Botwe, the presiding judge, of multiple counts of judicial misconduct, ranging from denial of his constitutional right to legal representation to personal maltreatment during court proceedings.
“I write to request a change of the Trial Judge as the 3rd accused person in a criminal case titled Republic vrs Cassiel Ato Forson & Two Others, Case No. CR/0198/2022 before the High Court, Financial Court 2 Accra, which same is being heard by HER LADYSHIP JUSTICE AFIA SERWAH ASARE-BOTWE, Justice of the Court of Appeal sitting as additional High Court Judge in the above case pending determination”.
Richard Jakpa, Businessman, and the third accused in the ongoing Ambulance trial
A Litany of Grievances
The petition laid out a detailed and harrowing account of what Mr Jakpa describes as a hostile and biased trial environment, including Mr. Jakpa’s claim that Justice Asare-Botwe has consistently denied him fair trial rights as enshrined in the 1992 Constitution of Ghana.
Highlighting his concerns, Mr Jakpa asserted that Justice Asare-Botwe has repeatedly ordered him to represent himself in court in the occasional delays of his counsel.
According to Mr Jakpa, the judge has disregarded his constitutional right to legal representation, forcing him to take notes and cross-examine witnesses without legal guidance.
This issue, Mr Jakpa noted was further compounded during a Case Management Conference (CMC), where the trial judge compelled him [Jakpa] to participate without his lawyer, despite his plea for a slight delay.
“Furthermore, I was ordered to her chambers to participate in the Case Management Conference (CMC) with the other accused persons’ lawyers despite my request for a slight delay to enable my lawyer to join the CMC, as I have no legal knowledge about the workings of the CMC. Unfortunately, my request was denied and the CMC took place.
“This continuous and antagonistic treatment from Her Ladyship Justice Afia Serwah Asare-Botwe has persisted throughout this trial, leaving me perplexed as to why I am subjected to such unwarranted hostility and malicious behavior”.
Richard Jakpa, Businessman, and the third accused in the ongoing Ambulance trial
Inhumane Treatment
Narrating one particularly troubling incident on June 20, 2023, Mr Jakpa recounted being denied permission to use the washroom during court proceedings by the trial judge.
He described how, after desperately waving his hand for attention, the trial judge callously dismissed his request, causing him significant distress and humiliation in front of media representatives.
According to him, it was only after the intervention of the Attorney General and other lawyers that he was grudgingly allowed to use a washroom, albeit one designated for inmates, which he found to be in deplorable condition.
Mr Jakpa also noted how Justice Asare-Botwe subjected him to public humiliation and threats of contempt, following his refusal to use hand sanitizer after she, the trial judge ordered him to use the inmate washroom.
This action, Mr Jakpa indicated provoked a furious response from the trial judge, who issued threats of contempt of court against him, further exacerbating his sense of intimidation and abuse.
“Justice Afia Serwah Asare-Botwe went on and issued a stern warning to me, that this should be the last time, and that if I ever tried it again she would not hesitate to use her powers to cite me for contempt of court and commit me to cell until the trial came to an end.
“I feel intimidated and abused by the judge’s behavior, and I have unfortunately concluded that I will never receive a fair trial with her direct attack on me in her courtroom. Her continuous and evident biases, as well as her readiness to exercise her discretionary powers capriciously against me, clearly demonstrate her lack of impartiality and resolve to convict me irrespective of the weight of evidence before her”.
Richard Jakpa, Businessman, and the third accused in the ongoing Ambulance trial
Impediments to Defense
Moreover, the third accused in the Ambulance trial, Richard Jakpa asserted that Justice Asare-Botwe’s insistence on expediting the trial has severely compromised his defense.
He alleged that the judge’s directive for all defense lawyers to cross-examine prosecution witnesses within a single day has prevented his counsel from thoroughly scrutinizing documents and adequately addressing key issues.
This rush, he contended is a clear violation of his right to a fair trial.
“Her Ladyship has continuously complained regarding the present case, asserting that this High Court does not belong to her and, consequently, she feels uncomfortable occupying it. This discomfort poses a significant inconvenience to the substantive High Court judge, in whose court she is temporarily presiding.
“Moreover, now that she has been promoted as an Appeal Court Judge, she is burdened with a substantial workload that has accumulated unexpectedly since her promotion. Consequently, she must conclude this case promptly and redirect her focus to her duties within the Appeal Court”.
Richard Jakpa, Businessman, and the third accused in the ongoing Ambulance trial
A Plea for Justice
In a fervent plea for justice, Mr Jakpa called for the Chief Justice’s intervention to ensure a fair trial, requesting that the case be transferred to a different judge who embodies impartiality and fairness.
Citing the renowned French judge and philosopher Charles Louis de Secondat, Baron de La Brede et Montesquieu, Mr. Jakpa warned of the tyranny that can be perpetuated under the guise of law and justice, expressing his fear that he is a victim of such tyranny in the ongoing Ambulance trial.
“Based on the aforementioned reasons, it is evident that I will not receive a fair trial as prescribed by the 1992 Constitution. It has always been my desire to have a fair trial that allows me to adequately defend myself, particularly since this case is politically charged and of significant public interest”.
Richard Jakpa, Businessman, and the third accused in the ongoing Ambulance trial
This petition adds a complex layer to the high-profile trial, which already holds significant public interest due to its political undertones and the media’s portrayal of the issues surrounding the procurement of ambulances.
The allegations, if proven, could have far-reaching implications for judicial conduct and the administration of justice in Ghana.
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