Lamtiig Apanga, a seasoned Private Legal Practitioner, has stated that Richard Jakpa’s application to dismiss the charges against him in the ongoing ambulance case is a legal first in Ghana, breaking new ground with no prior equivalent in the country’s judicial history.
However, Lamtiig Apanga explained that mini-trials are permissible in Ghana’s criminal proceedings, indicating that Richard Jakpa, the 3rd accused in the ambulance case, can opt for this legal avenue.
He further clarified that a mini-trial serves as a precursor to determine the admissibility of a specific document as evidence in a court trial, helping to streamline the judicial process.
“If the court concludes that the document is admissible, it is admitted in evidence, and the court proceeds with the trial. In this particular instance [the ambulance trial], under the circumstance that we find ourselves, the court may have to determine the application. The court will decide how to go through the determination of the application…either summarily or by taking evidence”.
Lamtiig Apanga
Accordingly, Lamtiig Apanga assured that the criminal trial of Ato Forson and Richard Jakpa will continue as scheduled, emphasizing that only the Attorney General possesses the authority to suspend or terminate the proceedings at this point, should they deem it necessary.
However, Lamtiig Apanga pointed out that the Attorney General’s decision to halt the trial doesn’t automatically imply a complete acquittal for the accused.
As such, he noted that it may serve as a precursor to a new prosecution, potentially in a different court or even the same one, effectively hitting the reset button on the case.
Lamtiig Apanga further emphasized that, in the absence of any indication from the Attorney General to discontinue the case, the court will ultimately decide whether the evidence presented so far will be sufficient to exonerate Richard Jakpa, the accused.
The court’s ruling, he indicated, will determine if the evidence is robust enough to secure a favorable outcome for the defendant.
Deputy AG Reveals Plan for Daily Hearings
Meanwhile, Deputy Attorney General Alfred Tuah-Yeboah has revealed that the Office of the Attorney General is contemplating a request for daily hearings in the ongoing ambulance trial, in a bid to advance the legal proceedings.
Deputy Attorney General Alfred Tuah-Yeboah also stated that his office has no reservations about the request to broadcast the trial live, as he is convinced that this approach will facilitate a swifter resolution of the case.
As such, Mr. Tuah-Yeboah stressed that to guarantee an expeditious trial, it may be essential to supplement the live broadcast with daily hearings, ensuring a seamless and efficient legal process.
“In fact, the AG had indicated at a different forum that when it comes to public interest matters or matters where the public has that kind of interest, it will be in the interest of justice that such proceedings are broadcast live on television and radio, so we don’t have any objection to the request but as I said, the Chief Justice has the final say”.
Alfred Tuah-Yeboah
This latest development comes on the heels of a petition filed by Dr. Cassiel Ato Forson, the main defendant, to the Chief Justice, seeking permission to broadcast the remaining proceedings live, in a bid to ensure transparency and public accountability.
Ato Forson’s petition for a live broadcast of the trial follows recent allegations of misconduct leveled against Attorney-General Godfred Yeboah Dame, amid mounting calls by the general public for transparency and accountability in the justice system.
Meanwhile, the ruling NPP has countered the NDC’s release of the audio implicating Attorney General Godfred Yeboah Dame by accusing the opposition party of protecting and shielding the embattled Ato Forson from facing justice, in a tit-for-tat exchange of accusations.
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