The Office of the Attorney-General has announced its intention to appeal the Court of Appeal’s decision to acquit and discharge the accused persons in the ambulance trial. The A-G’s office considers the decision grossly unfair to the nation and detrimental to the fight against impunity and abuse in public office.
In its response to the ruling, the A-G’s office said in a statement that “The Office of the Attorney-General views the Court of Appeal’s decision as perverse in the quest for public accountability and the rule of law. The decision clearly goes against the weight of the cogent evidence presented by the prosecution in support of all charges against the accused persons at the trial”.
It noted further that “The relevant facts, as evidenced by the prosecution, show that vehicles purporting to be ambulances were imported into the country in December 2014, in violation of the contract governing the transaction. The then Minister for Health, Ms. Sherry Aryittey, had issued a written caution against the importation of the vehicles. There was no request from the Ministry of Health for the vehicles to be imported or for the letters of credit, which were the means of payment under the contract, to be established”.
The Court of Appeal acquitted and discharged the Minority Leader, Dr. Cassiel Ato Forson, and Richard Jakpa, the 3rd accused, who were standing trial for allegedly causing financial loss to the state of causing financial loss of €2.37 million to the state in an ambulance deal.
In a 2-1 majority decision today (July 30), the second highest court of the land held that the prosecution handling the case did not establish a prima facie case for the Minority Leader to answer.
Accordingly, the court held that there was no basis for the trial High Court to call Dr Forson and Mr. Jakpa to open their defence.
The court gave the decision today after it upheld an appeal by Dr Forson challenging the decision of the trial High Court to dismiss his submission of no case.
Background
In 2009, the then-President, Prof. John Evans Atta Mills, announced plans to purchase new ambulances to expand the operations of the National Ambulance Service. Jakpa’s company, Jakpa at Business, was appointed as the local representative of Big Sea General Trading Limited, a company based in Dubai, to supply the ambulances.
Parliament approved the financing agreement between the government and Stanbic Bank, and the letters of credit were established in favour of Big Sea. However, the government alleged that Jakpa’s company received payments for ambulances that did not meet specifications, resulting in a financial loss to the state.
The trial has been ongoing for several months, with both sides presenting evidence and witnesses. The court’s decision is eagerly awaited, as it will determine whether Jakpa and Dr Forson are liable for the alleged financial loss to the state.
