The third accused person in the ambuknace case Richard Jakpa has petitioned Chief Justice Gertrude Torkornoo to remove the trial judge Justice Afia Serwah Asare-Botwe. It is his view that he can not get justice with Madam Asare Botwe. Portions of his petition, Jakpa said “Her Ladyship has continuously complained regarding the present case, asserting
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The third accused person in the ambuknace case Richard Jakpa has petitioned Chief Justice Gertrude Torkornoo to remove the trial judge Justice Afia Serwah Asare-Botwe.
It is his view that he can not get justice with Madam Asare Botwe.
Portions of his petition, Jakpa said “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, it is imperative for her to conclude this case promptly and redirect her focus to her duties within the Appeal Court. Her Ladyship insisted that all defence lawyers representing the accused must collectively utilize a single day to cross-examine each of the five witnesses presented by the Attorney General (AG). She firmly opposed the idea of the AG’s witnesses coming back multiple times, disrupting the flow of cross-examination for the defence.
“This circumstance forced my lawyer to hurriedly pose questions, impeded his ability to thoroughly look through voluminous documents within the allocated time. The AG’s witnesses exhibited a clear tendency of evading and intentionally consuming my lawyer’s limited time, thus hindering his ability to address pertinent matters crucial to my defence. She is currently enforcing same strategy of denial of adequate time to put up a good defence by rushing the proceedings at neck speed even with the defence witnesses. This practice, in light of constitutional law within a free and democratic country such as Ghana, is highly unjust and unfair to me as a citizen.
“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. Unfortunately, the media’s misrepresentation of the actual issues surrounding the procurement of ambulances, driven by their own vested interests, has added complexity to the situation.
“Therefore, I humbly request your office’s intervention to transfer the case from Justice Afia Serwah Asare-Botwe to a different, impartial, composed, and fair- minded judge who embodies the qualities expected of our esteemed judiciary, in order to ensure a fair trial as justice requires.”
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