Kwame Addo, a private legal practitioner, believes the trial judge’s decision in the ongoing ambulance case to include an audio tape involving the Attorney-General and businessman Richard Jakpa as evidence was a step in the right direction.
The lawyer explained that the decision by the judge, Justice Afia Serwah Asare-Botwe, was a step in the right direction since it would allow for a fair trial.
The trial judge in the ongoing ambulance case has admitted an audio recording involving the Attorney-General and businessman Richard Jakpa as evidence.
Justice Afia Serwah Asare-Botwe admitted the tape into evidence today, June 13, 2024.
In explaining her decision, she said she applied the same reasons for admitting the recording during the mistrial application on June 6, 2024.
According to her, the pen drive containing the recording has been admitted in the interest of fairness, since any electronic evidence by the prosecution would have been allowed.
Mr. Adofo said that it is reasonable for someone accused of a crime and standing trial to be given the opportunity to present any evidence to the court for consideration. The trial judge would decide the value of the evidence he mentioned.
Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, he said, “When you haul someone to court for an alleged offence and the person wants to give evidence, you cannot prevent them from doing so. The individual has the right to present any relevant evidence in court. You cannot stop the person from doing that. So I agree with the trial judge who admitted the evidence. It is standard practice for the court to do this. If you restrict an accused individual from submitting evidence pertinent to the case, you may be unfair to them.
However, there is something called evidential value, which describes the weight of the evidence presented to the court. That is what the judge will consider later. After both parties have presented their cases to the court, the judge will take the time to analyse and balance the evidence to establish its relevance to the case. The judge will take this into account while making her ruling. She will consider the evidence to assess the case’s merits or demerits.”
He claimed that the ongoing case and its final resolution are in the hands of the court, and that no public statement or political gimmick will influence the outcome of the matter.
By: Rainbowradioonline.com/Ghana