The Attorney-General and Minister of Justice, Godfred Dame has appealed the Court of Appeal’s ruling that exonerated Dr Ato Forson and Richard Jakpa of any wrongdoing in the ambulance purchase case.
In the appeal filed on August 8, the Attorney-General sought the following reliefs:
1. That the decision and consequential order of the Court of Appeal dated 30th July 2024 acquitting and discharging the Accused/Appellant/Respondents be set aside.
2. That the Accused/Appellants/Respondents be ordered to continue with their defence at the trial High Court.
Read full appeal here.
Background
It would be recalled that a Court of Appeal on July 30 upheld an appeal of the Financial and Economic Court’s decision by Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.
The High Court in March 2023 ordered Dr Cassiel Ato Forson to open his defence after the Attorney General’s office established prima facie against the former deputy finance minister in the 2.37million Euro ambulance case.
Two others, Seth Anemana, a former Chief of Director, Ministry of Health, and Richard Jakpa, a businessman, who were standing trial with Dr Forson were also directed to open defence.
Dr. Forson and the two have been variously charged with willfully causing financial loss to the state to the tune of 2.37 million Euros in the purchase of ambulances, which could not be used for their intended performance.
Lawyers of Dr Ato Forson filed a submission of no case after the prosecution closed its case but in its ruling on March 30, 2023, presiding judge, Justice Afia Serwah Asare Botwe indicated that the accused persons should open their defence.
In a 2:1 decision, the Court of Appeal on indicated that the High Court’s decision should be set aside since “the prosecution failed to establish sufficient evidence. The trial judge erred in calling on A1(Dr Cassiel Ato Forson) to open his defence. No positively proven facts.
“Evidence based on Impermissible speculations. There is no link between the evidence heard and what happened for the third accused to be called to open defence,” the judge ruled.
The panel of three justices also acquitted and discharged the accused persons in the case.
The court also noted in its decision that: “If there is any financial loss, that was based on the Health Ministry’s recklessness and be blamed on the Ministry of Health. If they worked in the interest of the state the whole ambulance would have been dealt with.
“Both appellants have made a case for them to be acquitted and discharged.”
