A three-judge panel of the Court of Appeal has set a deadline to hear the application of Dr. Cassiel Ato Forson and Richard Jakpa challenging a High Court order directing the defendants to commence their defence in the ongoing ambulance case.
The defendants’ lawyers are unhappy with the order issued by the High Court presided over by Justice Afia Serwa Asare Botwe on March 30, 2023 to open defence against the charges against them.
After the conclusion of the prosecution case, Justice Asare Botwe of the Court of Appeal, hearing the case as an additional High Court, held that a facade of evidence had been established against the prosecution, and therefore, the defence should open its defence.
The current Parliamentary Minority Leader, Dr Ato Forson, and businessman Richard Jakpa are accused of deliberately causing financial loss to the Republic of €2.37 million through the purchase of ambulances.
They have pleaded not guilty and are awaiting trial.
The defendants opened their defence with the third accused, Mr Richard Jakpa, currently in the witness box, while both parties appeared before the Court of Appeal.
On Wednesday, June 19, 2024, a three-judge bench of the Court of Appeal chaired by Justice Pok Acheapong directed the applicants (Dr Ato Forson and Richard Jakpa) to submit their written arguments within seven days from June 19 and serve it on the Attorney-General’s Office.
The Court further directed the Attorney General to file a reply brief within seven days of service of the applicant’s brief.
The panel, which also included Justices Kweku Tawiah Akkar Boafo and Philip Bright Mensa, set July 30, 2024 as the date for delivering its verdict.
The first defendant, Dr Ato Forson, was defended by his lawyers, Dr Abdul Basit Aziz Bamba and Godwin Eduji Tamekloye while Richard Jakpa was defended by Thaddeus Solie and Baffour Gyaw Bonsu Assiah.
Senior State’s Attorney Joshua Sackey represented the Attorney General.
So far, the trial is ongoing with both the prosecution and Dr. Cassiel Ato Forson having closed their cases while businessman, Mr. Richard Jakpa, is being cross-examined by the prosecution.
The trial took a dramatic turn when the third defendant, Mr Richard Jakpa, alleged that the Attorney-General met with him at irregular hours to implicate Dr Ato Forson.
High Court ruling
An Accra High Court on March 30, 2023, ordered a former Deputy Minister of Finance, Dr. Cassiel Ato Foruson, and two others on trial for causing financial loss to the state in an ambulance deal, to explain the charges.
This was after the court held that prima facie evidence had been established by the prosecution against the defendants.
Justice Afia Serwa Asare Botwe, who delivered her ruling on the no-plea motion on March 30, 2022 after the prosecution called four witnesses to conclude the trial on February 14, said that on its face, grounds of case have been established against the accused.
Justice Asare Botwe ruled there was no doubt that 50 ambulances had been procured, and again all parties agreed the vehicles were not fit for purpose and €2.37 million had been spent.
The court said that while the statement submitted did not consider the prosecution’s evidence in its entirety, it found as fact that on its face, grounds for a suit had been established against Ato Forson and businessman Richard Zakpa for wilfully causing economic loss and wilfully misappropriating public property.
The Court of Appeal judge, who is presiding over the case as an additional High Court judge, also ruled that there was standing to act against the second defendant, Sylvester Anemana, a former director to the Minister of Health.
The court also said it was satisfied that the prosecution had presented superficial evidence of violations of the Public Procurement Act against Mr Anemana.
The Court after considering prima facie factors and the position of law observed that on the face of the record, the standard of proof of explanation is less stringent for the defence than for the prosecution to prove it beyond a reasonable doubt.
“I consider it necessary to show that there were ambulances which were not fit for purpose and not worth the cost,” the court ruled, telling the defendants they should respond to the charges.
Note: Mr. Anemana was released after the prosecutor filed a motion for dismissal of the charges.
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