Justice Afia Serwah Asare-Botwe, the presiding judge overseeing the ongoing trial involving Dr. Cassiel Ato Forson, the former Deputy Minister for Finance, and two co-defendants, accused of willfully causing financial loss to the State through the purchase of ambulances exceeding €2 million has declared a temporary halt in proceedings.
The judge has stated that no further actions will be taken in the case until at least July 27.
The reason for this decision stems from a petition filed by Richard Dzakpa, a businessman and the third accused individual in the case.
Dzakpa has lodged a formal complaint with the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Torkornoo, seeking the removal of the presiding judge on grounds of alleged ‘bias.’
Richard Dzakpa is said to have filed the Petition to the CJ on July 6 to have Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal removed.
Also, Lawyers for the Minority Leader, Dr Ato Forson filed two motions on July 6 – one which was asking Justice Asare-Botwe to resign from the case and the other for the court to release his passport to him.
Dr. Ato Forson, currently the Minority Leader on Parliament, Sylvester Anemana, a former Chief Director at the Ministry of Health, and a private businessman, Richard Jakpa, are standing trial for allegedly wilfully causing financial loss of €2.37 million to the state, through a contract to purchase 200 ambulances for the Ministry of Health.
They have all pleaded not guilty and are standing trial.
In court on Thursday, July 13 when the case was called for the motions for recusal and the release of passport to be heard, the trial judge said, no fresh action would be taken in the matter until Chief Justice acted on the Petition.
The case has since been adjourned to July 27, 2023, a date previously taken for Alex Mould, the Second Defence Witness for Ato Forson to face further cross-examination from the Prosecution.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah is reporting that even though Dr. Cassiel Ato Forson, the Minority Leader was present in court, the NDC MPs in parliament were not present.
Background
The trial of the former Deputy Finance Minister and the two others started on January 18, 2022 before the court presided over by Justice Afia Serwah Asare-Botwe, a Court of Appeal Judge sitting as an additional High Court Judge.
They have pleaded not guilty to the five counts of wilfully causing financial loss to the state, abetment of crime, contravention of the Public Procurement Act, and intensionally misapplying public property.
Dr. Forson was granted a GHc3 million self-reconnaissance bail, while Anemana was granted a bail of GHc1 million with three surgeries one whom must be a public servant not below the rank of a Director.
Businessman, Richard Jakpa on the other hand was granted a bail of GH¢5 million bail with three sureties one of whom must be justified with documents of a landed property.
The prosecution led by the Attorney General, Godfred Yeboah Dame, and Director of Public Prosecutions, Yvonne Atakora-Obuobisa, called five witnesses, including the Minister of Health, Kwaku Agyemang-Manu to prove its case.
