Lawyer Minta Larbi Raises Red Flag Over Unprofessional Conduct And Obstruction Of Justice By Godfred Dame
According to him, the law admonishes prosecutors not to try to obtain conviction at all cost in a criminal case when your case is bad it is bad.
Freeman Koryekpor 
CHAIRMAN of the Eastern Regional Legal Team of the National Democratic Congress (NDC), Lawyer Isaac Minta Larbi, has vehemently kicked against the alleged unprofessional conduct and obstruction of justice by the Attorney General and Minister of Justice, Mr Godfred Yeboah Dame.
According to him, the law admonishes prosecutors not to try to obtain conviction at all cost in a criminal case when your case is bad it is bad.
He stressed that "A prosecuting counsel is a representative of the State and a minister of justice.
He added that it is not his function to obtain a conviction by all means but simply to put before the court the facts which comprise his case and to make them perfectly intelligible."
He quoted the case study of Atuahene vs. Commissioner of Police to support his claim.
He pointed out that the whole country has been engulfed in an allegation regarding the conduct of the Attorney General and the Minister of Justice Mr. Godfred Yeboah Dame.
The lawyer indicated that the allegation has been made by the 3rd accused person in the ongoing case of the NDC Minority Caucus Leader of Parliament Honourable Dr. Casiel Ato Forson.
According to Mr Larbi, the allegation is that the AG has been pestering him to profer evidence against the first accused person Honourable Carsiel Ato Forson for the purposes of securing his conviction.
He mentioned that the mere allegation itself is a bad one and if there's evidence in support of this allegation then "we have a serious case on our hands for the very reason that such conduct borders on professional misconduct as well as constitute fabrication of evidence, obstruction of justice etc which are all very serious offenses under our laws."
"As can be seen from the Atuahene case stated above, prosecution including police officers and attorney generals have no duty under law to try to obtain a conviction for an accused person at all cost,' the lawyer noted.
He stressed that it is wrongful and unprofessional for any prosecutor to try to do anything for the purposes of security a guilty verdict for an accused person.
He maintained that it is trite learning in the law that "it is better to free a thousand criminals than to convict one innocent person."
He explained that to convict an innocent person is wrongful, unjust, unfair and to a larger extent evil.
He therefore noted that the law frowns on the conviction of an innocent person and would rather free a thousand criminals than to convict just one innocent person.
"It is for this reason that the law expects a prosecutor to be fair in his prosecution and to follow laid down principles of fair trial which is intended to protect the accused so that at the end of the day if he is convicted he can be sure that he was given all the opportunities to defend himself properly and without fear or favor," he said.
According to the lawyer, a convicted accused person must trust the justice system enough to accept the verdict of the court in his criminal case
"On this note we as lawyers and prosecutors are admonished to assist the court to arrive at a fair decision based on the evidence led in court during the trial devoid of manipulations and fabrications.
"It was the duty of both counsels for the prosecution and the defence to assist the judge to come to a just decision in all criminal matters as in all other matters."... Republic vs. Akosah & Another.
"As lawyers and officers of the law it is not even proper to see a prosecutor push the court to try to impose a harsher sentence on an accused person who has been convicted.
" Prosecution counsel's conduct of the case in drawing the court's attention to the maximum sentence specified for the offense and urging the court to take a serious view of the case should be frowned upon. For a practice has developed whereby prosecuting counsel has a conventional duty to act as a minister of justice putting the facts of the prosecution's case fairly before the judge but exercising no pressure whatever on the sentence to be imposed by the judge if the accused were found guilty." Addae vs. The Republic
In light of the above authorities on the subject Mr Larbi argued that it is most unfortunate that no other person other than the Attorney General and the Minister of Justice is the one against whom such an allegation has been made.
