Dr. Cassiel Ato Forson
Minority Leader in Parliament and former Deputy Minister of Finance, Dr. Cassiel Ato Forson, yesterday closed his case in his trial for causing financial loss to the state.
Former Minister of Health, Alex Segbefia was billed to testify for Dr. Forson in a trial in which he is accused of authorising payment for what the prosecution describes as defective ambulances, thereby costing the state €2.37 million loss.
But Godwin Edudzi Tameklo, a member of his legal team told the court yesterday that Dr. Forson was no longer calling any witnesses and wishes to close his case.
The court, presided over by Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court Judge, closed Dr. Forson’s case and Sylvester Anemana, a former Chief Director at the Ministry of Health, subsequently opened his defence.
Dr. Ato Forson, Sylvester Anemana 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.
Dr. Forson during his defence 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, last Thursday 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.
He said his authorisation was based on an advice from the Office of the Attorney General asking the Ministry of Finance to honour the contract to avoid government incurring financial liabilities.
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 Account General’s Department (CAGD) requesting the establishment of the letters of credit, which was the means of payment for the ambulances.
He also admitted that the Bank of Ghana (BoG) should not have proceeded to establish the letters of credit for payment for the ambulances until the loan agreement specified in the contract had been signed.
Mr. Terkper also admitted while under cross-examination by the Attorney General that, no contract had been signed per the agreement for the delivery of the ambulances before Dr. Forson wrote the letter requesting the establishment of the letters of credit.
He, however, indicated that he was under obligation from the then Attorney General (AG) and his legal department to proceed with the establishment of the LC which were made conditional.
“Are you saying that the BoG should not have proceeded to establish the LC until the loan agreement had been signed?” Mr. Dame asked.
“Yes, that is what the contract specifies, and therefore it is the responsibility of the Ministry of Health to ensure that this provision relating to signing the contract had been made before payment were made,” Mr. Terkper responded.
“It is your case that the payment for the ambulances was made in error?” Mr. Dame further asked.
“Yes, but noting that major conditions in the contract had been breached and attention had been drawn to it by the Attorney General,” Mr. Terkper said.
Mr. Dame also asked whether the former Finance Minister was aware whether any contract for 50 ambulances per the contract agreement were signed before the LC were authorised to be established by the Ministry of Finance.
“It is not my recollection that this was done, but I had confidence in the AG and in my own staff who requested that we should establish the LC to avoid default,” Mr. Terkper answered.
By Gibril Abdul Razak