The Court of Appeal has acquitted and discharged Dr Cassiel Ato Forson, the Minority leader and Richard Jakpa, a Businessman, of all the charges leveled against them by the State in the Ambulances Trial.
This was in a 2:1 majority decision by the Court.
The Court, therefore, upheld the submission of no case filed by Dr Forson and Mr Jakpa at the High Court.
Justice Kweku Tawiah Ackah-Boafo, a member of the panel, said the prosecution failed to establish sufficient evidence and the trial judge erred in calling on Dr Forson and Mr Jakpa to open their defense and there were no positively proven facts.
The High Court in March 2023 ordered Dr Ato Forson and two others to open their defence after a prima facie case had been established them.
Two are Dr Sylvester Anemana, a former Chief of Director at Ministry of Health and Mr Richard Jakpa, a Businessman.
Dr Forson, Dr. Anemana and Jakpa are charged with causing financial loss to the State.
The State later filed a nolle prosequi to discontinue the charges leveled against Dr Anemana, who is currently out of the country for medical treatment.
Dr Forson was granted a self-recognisance bail of GH¢3 million for allegedly wilfully causing financial loss of 2,370,000 euros to the State.
He is also facing an additional charge of “Intentionally misapplying public property contrary to section 1 (2) of the Public Property Protection Act, 1977 (SMCD140).”
He said there was no link between the evidence heard and what happened for Mr Jakpa to be called to opened defense
Therefore, the appeal filed by both succeeded and the order of the High Court has been set aside.
Justice Bright Mensah, a Member of the Panel, said apart from the letters Dr Forson wrote, he did not do much to be asked to open his defence.
He said it was the Ministry of Health, who had to do the pre-inspection and not Dr Forson.
The Judge said as of today the Ambulances were still at the port and that cannot be blamed on Dr Forson.
He said the evidence by prosecution was not reliable for a Court to deal with them.
On Mr Jakpa, the Judge said, there was no evidence for him to be called upon to answer and that the money paid was because he took instructions against his principal.
“If there is any financial loss, that is based on the Health Ministry’s recklessness and be blamed on Ministry,” he said.
He said if the Ministry worked in the interest of the State, the whole ambulance would have been dealt with.
Both appellants have made a case for them to be acquitted and discharged.
The appeal succeeds and the accused persons are hereby discharged. Acquitted and discharged.
Justice Alex Poku Acheampong, presiding, said the trial judge did not err by holding that accused should answers.
GNA
