Martin Luther Kpebu, a private legal practitioner, is raising concerns about Attorney General Godfred Dame’s decision to adopt a firsthand hearsay approach in his affidavit to the application filed by businessman Richard Jakpa. The application seeks a stay of proceedings and mistrial in the ongoing ambulance purchase trial.
Speaking on Ghana Tonight on TV3 Tuesday, June 04, 2024, Mr. Kpebu noted that while the A-G’s approach is admissible in law, it carries less weight and raises doubts, particularly when the person at the center of the allegations is alive and present.
“It could be true that the A-G didn’t sign the affidavit because he intended to avoid cross-examination,” Mr. Kpebu said. “Everybody listening to the tape knows that’s the voice of Godfred Dame, so that’s not in dispute. For those who say he deliberately didn’t sign to avoid cross-examination, it is possible.”
Mr. Kpebu explained that by using firsthand hearsay, where Principal State Attorney Richard Gyambibi informs the court of statements made by Dame to Jakpa, the Attorney General indirectly strengthens Jakpa’s case. The lawyer questioned why Dame, who is alive and well, is “running away from the allegations” by avoiding coming on record and instead relying on firsthand hearsay.
However, Mr. Kpebu clarified that this does not automatically mean Jakpa should win the case. He emphasized that Jakpa must present concrete evidence to support his claims, particularly regarding the criminal aspects of the allegations.
“Jakpa should meet the threshold, he has to meet the standard required. Some of the allegations are criminal in nature, so his evidence has to be good and should be proved beyond reasonable doubt,” Mr. Kpebu explained.
The case stems from allegations made by Richard Jakpa, the third accused person in the ambulance purchase trial, who claimed that Attorney General Godfred Yeboah Dame contacted him at odd hours to influence his testimony against the first accused, Dr. Cassiel Ato Forson. Jakpa alleged that Dame coerced him to falsify his testimony to ensure Forson’s imprisonment, as he was the main target of the prosecution.
The National Democratic Congress (NDC), to which Dr. Ato Forson belongs and serves as a caucus leader in Parliament, has published an audio recording of a conversation between the A-G and Jakpa as evidence supporting the allegations.
