Dr. Cassiel Ato Forson
A High Court in Accra has secured a warrant from the Chief Justice to establish a video link in the trial of Minority Leader, Dr. Cassiel Ato Forson and two other persons accused of causing financial loss to the state.
The establishment of the video link became necessary as a result of the health condition of Dr. Sylvester Anemana, a former Chief Director at the Ministry of Health, who is one of the accused persons.
Dr. Anemana has secured permit to travel to India to undertake a medical procedure and the court, presided over by Justice Afia Serwah Asare-Botwe, a Court of Appeal Judge sitting as an additional High Court Judge, in a bid to avoid holding the trial in abeyance decided to have the video link established to enable the accused to join the proceedings virtually.
Trial
Dr. Ato Forson, Dr. 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.
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 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.
Video Link
Dr. Anemana was under cross-examination by Thomas Aubynn, counsel for Richard Jakpa, but the trial had to be adjourned multiple times due to the accused person’s ill health.
The trial Judge yesterday indicated that she had received a general warrant from the Chief Justice for establishment of the video link, indicating that anyone who was interested in joining could do so.
She added that the Information Technology (IT) department of the Judicial Service had already established the link in the courtroom so there was no need to relocate the sitting to a different room as pertains in some other cases.
Dr. Anemana is expected to travel out of the country this Saturday but his lawyer, Alex Owiredu Danquah could not tell the court when the medical procedure would be, but stated that it could only be determined after he arrived.
Richard Gyambiby, a Principal State Attorney at the Office of the Attorney General, suggested that the trial could still go on in the absence of the accused but the trial Judge indicated that, that could only be the case if Dr. Anemana was on a working trip.
Justice Asare-Botwe said she would want to see Dr. Anemana online and present mind wise, referring to previous sittings where the accused was in the courtroom but the proceedings had to be cut short because he was not responsive.
The judge added that it was a matter of capacity and not just being present. She, therefore, adjourned the case to February 20, 2024 and added five other dates for the continuation of the trial.
Dr. Anemana was initially undergoing medical treatment in Ghana, but his lawyer, via an affidavit, asked the court to release the passport to enable him travel abroad for further treatment.
The passport is in the custody of the court’s registry as part of the conditions of the bail granted the accused person at the beginning of the case.
The court on January 23, ordered the Registrar of the court to release Dr. Anemana’s passport to him to enable him travel to India for the medical procedure.
BY Gibril Abdul Razak