In the wake of the controversy surrounding the ongoing trial involving a former Deputy Finance Minister accused of causing financial loss to the state, former Chief Justice, Sophia Akuffo has sought to clarify the misunderstanding around the concept of plea bargain.

A plea bargain, also known as “negotiating a plea,” is an agreement in criminal law proceedings whereby the prosecutor provides a concession to a defendant in exchange for a plea of guilt.

This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.

This has become a subject of controversy in the ambulance procurement trial case after the third accused, Richard Jakpa, accused the A-G of attempting to influence him to tilt his testimony against the Minority Leader, Dr Cassiel Ato Forson.

Speaking on the plea bargain concept, the former Chief Justice in an interview with JoyNews’ Samuel Mbura, said plea bargain is permissible in every criminal case unless there is a specific law restricting its application.

Madam Akuffo said the practice, not at all a novelty, is commonly applied in many countries and even in murder cases.

“The prosecution can seek to plea bargain in every criminal case unless there is a law setting boundaries as to what cannot be plea bargained,” she said.

Asked about the propriety of its application in the current controversial ambulance case, Madam Akuffo said while she was not particularly seized with the facts of the ambulance case, she sees nothing wrong if the prosecution thought it more appropriate to go for a plea bargain.

However, she emphasised that “sometimes, you plea bargain a co-defendant and make that co-defendant your prosecution witness in exchange for which they plead guilty to a lesser charge.”

Meanwhile, the Attorney-General Godfred Yeboah Dame has released details of plea bargain correspondence between his office and third accused in the ambulance case, Richard Jakpa.

This action comes after Jakpa claimed in open court that Godfred Dame had attempted on multiple times to recruit him to assist with testimony to condemn the first accused, Cassiel Ato Forson.