Ambulance Case: CJ declines petition to remove judge from Ato Forson trial

Ambulance Case: CJ declines petition to remove judge from Ato Forson trial

The petition to remove Justice Afia Serwah Asare-Botwe from continuing to preside over the criminal case in which Dr. Cassiel Ato Forson, a former deputy finance minister, and two other people are on trial for the purchase of an ambulance that was allegedly unfit for its intended use was not granted by Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo.

On July 6, 2023, Richard Dzakpa, a businessman who is the third defendant, petitioned Her Ladyship Justice Gertrude Torkornoo, the Chief Justice, to step in and address what he claimed was the judge’s “bias” against him.

However, the Chief Justice has ordered Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court judge, to proceed with the case after dismissing the petition as being without merit.

The trial judge, Justice Asare-Botwe, stated in court on Thursday, July 27, that the CJ had handled with the petition and had rejected it.

The former Deputy Minister of Finance, Dr. Cassiel Ato Forson, together with two other defendants, are on trial for willfully causing the State to incur a loss of more than €2 million on the purchase of cars (ambulances).

Prior to it, the trial had been suspended pending the resolution of Richard Dzakpa’s plea to the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Torkornoo, to have the presiding judge dismissed for what he called “bias.”

The Minority Leader’s legal team, led by Dr. Ato Forson, filed a motion urging Justice Asare-Botwe not to consider their request that she recuse herself from the case.

The Attorney General has objected to the proposal, and Justice Asare-Botwe has postponed the decision-making process until October 12 to reflect this.

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