Minority Leader, Dr. Cassiel Ato Forson, has lost another attempt to have the charges against him dropped, thereby terminating his trial in the €2.37 million ‘defective’ ambulated cases.
This followed a dismissal by the Court of Appeal, an appeal seeking to have the charges struck out on grounds of being defective.
A three-member panel of the court constituted by Justices Bright Mensah (Presiding), Bartels-Kodwo and Nasifasata Amaleboba, in a unanimous decision has dismissed the appeal, holding that it was without merit.
A High Court in Accra earlier dismissed two applications filed by the MP asking the court for order of injunction against the Attorney General, Godfred Yeboah Dame, or his office from further prosecuting him.
He was also seeking a mistrial which will essentially terminate the case and also a stay of proceedings until the application is determined.
Ato Forson and 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 MP has been charged with one count of wilfully causing financial loss to the Republic contrary to section 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29) and one count of intentionally misapplying public property contrary to section 1(2) of the Public Property Protection Act, 1977 (SMCD 140).
High Court Dismissal
Ato Forson had earlier filed an application before the High Court for an order striking out the charge sheet against him for being defective.
He also sought an order directed at the Prosecution to provide further details in the particulars of offence of the specific acts that constitute acting “without authorization or intentional misapplication” set out in the charges against him.
He had argued that the charges were defective because the particulars do not specify the alleged acts he engaged in that constitute “without due cause and authorization”.
The application was dismissed by the court presided over by Justice Afia Serwah Asare-Botwe, who had held that the ordinary meaning of the words contained in the particulars of the charge are well known and not technical.
Appeal
Not satisfied with the decision of the High Court, Ato Forson through his lawyer, Dr. Abdul Bassit Aziz Bamba, filed an appeal at the Court of Appeal seeking to overturn the ruling of the trial court.
He argued, among others that the trial Judge erroneously focused on the plain meaning “without due cause and authorization” in the charges instead of addressing the question whether there were any particulars in the ‘Particulars of Offences’ that manifest “without due cause and authorization” in the charges.
The Attorney General vigorously opposed the appeal and contended that the Republic had discharged its obligations required by law in putting together the charge sheet.
Richard Gyambiby, a Principal State Attorney had argued that in drafting the charge sheet, they had in mind only the elements of the offences with which the accused are charged, as the Republic was required to do, adding that the charges preferred against the accused persons were proper.
Decision
The Court of Appeal in its decision dismissed the appeal for lacking merit, having in mind the Rules of the court and other decided Ghanaian cases.
The court was of the opinion that it is wrong for the MP to isolate phrases or words contained in a charge sheet and claim that those words are vague or do not contain sufficient meaning.
“It is one of the cardinal rules of interpretation in our profession that documents should be read as a whole when being interpreted,” the court pointed out.
The Court of Appeal held that it was apparent to it that the phrases Ato Forson should be concerned about is “Cassiel Ato Forson between August 2014 and April 2016 in Accra in the Greater Accra Region of the Republic of Ghana willfully caused financial loss of €2,370,000 to the Republic by authorizing irrevocable letters of credit valued at €3,950,000 to be established out of which payments amounting to €2,370,000 were made to Big Sea General Trading Ltd of Dubai for the supply of vehicles purporting to be ambulances without due cause and authorization”.
The other is “Cassiel Ato Forson between August 2014 and April 2016 in Accra in the Greater Accra Region of the Republic of Ghana intentionally misapplied the sum of €2,370,000 being public property by causing irrevocable Letters of Credit to be established against the budget of the Ministry of Health in favour of Big Sea General Trading Ltd. of Dubai for the supply of vehicles purporting to be ambulances without due cause and authorization.” and not just the words “without due cause and authorization” in isolation.
The court after examining the charges under scrutiny, held that, “they contain sufficient particulars as required under Article 19 (2) (d) of the 1992 Constitution and Section 112 (4) of Act 30 and subsequently dismissed the appeal for lacking merit.
BY Gibril Abdul Razak