The Attorney General and Minister of Justice, Dr Dominic Akurutinga Ayine, has filed a notice to abandon proceedings in the €2.7 million ambulance case involving the Minister of Finance, Dr Ato Baah Forson and Richard Jakpa.
Consequently, Dr Forson and Jakpa are now free from criminal prosecution being conducted by the Office of the Attorney General.
The notice, signed by the Attorney General and Minister of Justice on January 23 and filed at Supreme Court registry on January 24 read “Please take note that the Republic having previously served notice of appeal to appeal to the Court against the judgement delivered by the Court of Appeal on the 30th day of July 2024 hereby give(s) you NOTICE that the Republic does not intend further to prosecute the appeal, but that the Republic abandons all further proceedings with respect to this matter as from the date of this notice.”
On July 30, the Court of Appeal in Accra, acquitted and discharged Dr Cassiel Ato Forson, then Minority Leader, of all criminal charges against him in the ongoing €2.7 million ambulance trial before the High Court.
This was based on the appeal against the ruling of submission of no case which was earlier overruled by Justice Afia Serwaa Asare-Botwe, the trial high court judge.
Dr Forson and Mr Richard Jakpa, the third accused, have been asked to open their defence by Justice Asare-Botwe on account of a prima facie case made against them by the prosecution.
However, a 2-1 majority decision of the Court of Appeal presided over by Justice Alex Poku Acheampong set aside the ruling of the trial high court.
Justices Kweku Tawiah Ackah-Boafo and Philip Bright Mensah granted the appeal, while Justice Acheampong dissented.
Dr Forson was charged with willfully causing loss to the state and intentionally misapplying public property while Jakpa faces a charge of willfully causing financial loss.
Justice Ackah-Boafo ruled that the prosecution failed to establish sufficient evidence and that the trial judge erred in calling on Dr Forson to open his defense.
He held that there were no proven facts against the accused and the evidence presented were based on impermissible speculations.
The judge noted that there was no link between the evidence heard and what happened for the third accused to be called to open his defense.
Justice Mensah observed that apart from the letters Dr Forson wrote, he did not do much to be asked to open his defence.
He said the Ministry of Health had to do pre inspection and not Dr Forson.
It is his opinion, he stated that the Ministry of Health should be held accountable for failing to do their work.
“As at today the ambulances are still at the port and that cannot be blamed on Dr Forson,” Justice Mensah said.
Justice Mensah noted that the evidence by prosecution is not reliable for a court to deal with them.
He said if there was any financial loss that was based on the recklessness on the part of the Ministry of Health, the accused should pleaded not guilty to all the charges.
BY MALIK SULLEMANA
