Dr. Cassiel Ato Forson
A High Court in Accra has set May 3, 2024 to deliver its judgement in the trial of Minority Leader, Dr. Cassiel Ato Forson and two other persons standing trial for willfully causing financial loss of €2.37 million to the state, through a contract to purchase 200 ambulances for the Ministry of Health.
This followed a disclosure by Richard Gyambiby, a Principal State Attorney that the Attorney General is considering filing a nolle prosequi to discontinue its case against Dr. Sylvester Anemana, a former Chief Director at the Ministry of Health, who is one of the accused persons but is currently undergoing medical treatment in India.
The court has established a video link to enable Dr. Anemana to join the proceedings virtually, but when the case was called yesterday, his wife, instead joined and told the court the accused was at the theatre undergoing a medical process hence could not join.
Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court judge, had indicated that the warrant allows Dr. Anemana to join the proceedings, not necessarily to testify but to be present, hence the court could take a new witness if he is able to join the proceedings via Zoom.
She, therefore, told Owiredu Dankwah, counsel for Dr. Anemana, to prepare his next witness for the next sitting.
But Mr. Gyambiby informed the court that the Attorney General is of the view that he will enter nolle prosequi to discontinue the case of Dr. Anemana.
The court then said if the state attorney’s statement is anything to go by, counsel for private businessman, Richard Jakpa should hold himself in readiness to open his defence on March 12, 2024.
Justice Asare-Botwe went ahead to fix May 3, 2024, to deliver a judgement in the case based on the development.
Trial
Dr. Ato Forson, Sylvester Anemana, a former Chief Director at the Ministry of Health, as well as private businessman, Richard Jakpa, are standing trial for willfully causing financial loss of €2.37 million to the state, through a contract to purchase 200 ambulances for the Ministry of Health, among other charges.
The ambulances, according to court documents, are ordinary buses which are not fit for purpose as they do not have the needed equipment that an ambulance requires.
The prosecution, led by the Attorney General and Minster for Justice, Godfred Yeboah Dame and Director of Public Prosecutions, Yvonne Atakora-Obuobisa, closed its case on February 14, 2023 after calling five witnesses, including the then Minister of Health, Kwaku Agyeman-Manu to prove its case.
The main issue raised during the prosecution’s case was whether the defective vehicles were purchased in accordance with the purchase agreement approved by Parliament.
The other was whether Dr. Forson was authorised by the substantive Finance Minister or any superior officer to write a letter to the Controller and Accountant General directing the establishment of irrevocable letters of credit (LCs) which led to the payments.
Dr. Forson opened his defence and called three witnesses – Henry Myles Mills, an official of Stanbic Bank, Alex Mould and Seth Terkper, former Minister of Finance.
Mr. Terkper, who appears to be Dr. Forson’s principal witness, told the court that he authorised Dr. Forson to write to the Bank of Ghana authorising the establishment of the letters of credit (LC).
“The letter to the Bank of Ghana requesting the setting up of the LC emanated from the Ministry of Finance and had my full authorisation,” he told the court.
But while under cross-examination by Attorney General Godfred Yeboah Dame, Mr. Terkper admitted that payment for the defective ambulances for which his then deputy is standing trial, was made in error.
Apart from this admission, Mr. Terkper was not able to point to any document specifically authored by him authorising Dr. Forson to write to the Controller and Accountant General’s Department (CAGD) requesting the establishment of the letters of credit which was the means of payment for the ambulances.
BY Gibril Abdul Razak