Ato Forson

AG files appeal at Supreme Court against acquittal of Jakpa and Ato Forson

The Office of the Attorney General has filed an appeal against the Court of Appeal’s decision that acquitted and discharged Minority Leader Dr Cassiel Ato Forson and Richard Jakpa in the ambulance procurement case. The AG in a Notice of Appeal filed on August 8, 2024, argued that the majority decision erred in applying the rule on the standard of proof necessary to determine whether the accused should be called to answer the charges against them. The appeal further contends that the majority’s finding that the letters of credit did not constitute a payment under the contract contradicts the evidence presented and is untenable. Additionally, the appeal criticizes the majority’s conclusion that the Ministry of Health was responsible for the financial loss, claiming it contained fundamental errors and resulted in a substantial miscarriage of justice. The Attorney General is asking the Supreme Court to overturn the acquittal and discharge and to order the accused to continue with their defence. myjoyonline.com

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Justice Asare Botwe bars media commentary on Ato Forson trial

The Judge presiding over the case involving Ato Forson and Richard Jakpa has barred media commentary on the ongoing criminal proceedings. This according to Justice Afia Serwah Asare Botwe is related to what she believes are borderline contemptuous commentary passed on evidence submitted in court. Justice Afia Serwah Asare-Botwe before making the order expressed concern about commentary from lawyers both involved in the case and those not involved in the case. The judge also raised concerns about media interviews granted by the third accused person in the case, Richard Jakpa. The judge made the order to protect the sanctity of the court. Justice Afia Serwah Asare-Botwe noted that the Ghanaian public has the privilege of following the case through media reports and the live stream of the proceedings. “The court notes that the proceedings are being streamed live and anyone can log on and observe the proceedings. “There is no need for any analysis to be made at this time. Anyone who wants can log on have an opinion and not make any judgement on the matter. “No lawyer or any person shall make any comment bordering on the weight of the evidence adduced or yet to be adduced or make any comment that will prejudice this case,” Justice Afia Serwah Asare-Botwe said in court.  

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Ato Forson Case: Co-Accused to call Eight witnesses

Lawyer for Businessman Richard Jakpa who has been charged together with the Minority Leader in Parliament has indicated that his client will be calling eight witnesses in his defence before the High Court in Accra. Mr Jakpa and Dr Ato Forson are standing trial for allegedly causing financial loss to the State to the tune of 2.37 million euros over the purchase of some ambulances for the country between 2014 and 2016. The Judge, Justice Afia Serwah Asare-Botwe has directed the accused to file the witness statement of the witnesses by April 30 and adjourned to May 2 for continuation of the case. The Lawyer, Thadeus Sory now represents Mr Jakpa after he fired his previous lawyer. The Court further directed that witnesses whose statements would not be filed should ensure that documents they intend to rely on and other documents to be tendered in by the accused are filed by April 16. Mr. Jakpa, who opened his defense last March 19, told the Court that he should not be standing trial because he was sidelined in the execution of the contract. GBC Online Explore the world of legal news with superlaw on WhatsApp! https://chat.whatsapp.com/EH6m8QkvLSPCCPbmhdoctH

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Ato Forson Case: Trial won’t go beyond May 31 – Court

The High Court in Accra presided over by Justice Afia Serwah Asare-Botwe has said the trial of former Deputy Minister for Finance Dr Cassiel Ato Forson will not travel beyond May 31. Earlier, the Court had fixed May 3, 2024, for judgment but that will no longer hold following recent developments. Dr Forson, the current Minority Leader in Parliament together with Richard Jakpa, a private businessman are standing trial for allegedly causing financial loss to the republic in an ambulance deal in the sum of €2.37 million euros. Dr Sylvester Anemana (2nd Accused) who was earlier charged together with the two has been discharged after the Attorney General’s Office filed a Nolle Prosequi to discontinue with charges against him. They have pleaded not guilty to charges and are standing trial. Mr Jakpa who had earlier fired his lawyer was expected to continue with his evidence-in-chief on Tuesday, March 26, 2024. However, he was absent when the case was called for the second consecutive time after an excused duty was rejected. This resulted in the Court issuing an arrest warrant for his arrest. In Court on Tuesday, he was represented by Lawyer Thaddeus Sory, his new lawyer. The case has been adjourned to April 9 to give Mr Sory enough time to peruse the documents. Justice Asare-Botwe, a Justice of the Court of Appeal sitting with an additional responsibility as a High Court judge, said the trial won’t go beyond May 31. EIB Network Legal Affairs Correspondent Murtala Inusah reports that the earlier date fixed for judgment will no longer hold. Dr Ato Forson, the first accused person was present while an officer of the Court also confirmed he visited the hospital where the accused was. Background Dr. Ato Forson, the Minority Leader in 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. The trial 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 intentionally 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 of 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 GHc5 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. Starrfm.com.gh  

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Ato Forson Case: Court orders arrest of third accused Richard Jakpa

Justice Afia Serwaa Asare Botwe has issued a warrant for the arrest of the third accused person in the faulty ambulance case, Richard Jakpa. The Businessman is standing trial together with minority leader Dr Cassiel Ato Forson over the €2.37m faulty ambulance purchase. Richard Jakpa whose company facilitated the purchase of the ambulances opened his defence on Tuesday, March 19, 2024, denying the allegations against him. But when the case was called on Thursday, Mr Jakpa was not in court and had no legal representation as he had earlier sacked his lawyer over poor representation allegations. He transmitted a medical excuse duty via WhatsApp to the clerk of the court to account for his absence. But the judge, Justice Afia Serwaa Asare Botwe did not accept the medical excuse duty as in her view the document presented did not meet the requirements of an excuse duty. She noted that the document did not include any specifics on the condition for which the medical excuse was granted neither is the doctor known to the court. She therefore directed for the arrest of the accused as there is no lawyer on record representing him, to facilitate a communication between the court and Richard Jakpa. CitiNewsroom   

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Ato Forson Trial: AG to discontinue charges against former Chief Director, MOH

The Attorney General has told the High Court in Accra that it intends to file nolle prosequi to discontinue charges against Dr. Sylvester Anemana, a former Chief Director of the Ministry of Health. Dr Anemana, who is currently out of the country for medical treatment, is the second accused person in the trial involving Dr. Cassiel Ato Forson, a former Deputy Minister for Finance and Mr Richard Dzakpa, a Businessman. They are standing trial for allegedly causing financial loss to the State to the tune of over €2.37 million following the purchase of ambulances. 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 (SMCD 140)”. Dr Anemana was also granted a bail of one million Ghana Cedis with three sureties one of whom a public servant not below the rank of a director. Mr Dzakpa was granted bail of five million Ghana Cedis with three sureties one of whom must be justified with documents of landed property. Richard Gymbiby, a Principal State Attorney, who was led by Mr Godfred Dame, made the intention known to the Court after the wife of Dr Anemana joined proceedings from India, where the husband was receiving treatment to update parties. She told the Court that the husband was at the theater. “He can not walk and see currently,” she added. Justice Afia Serwah Asare Botwe, the Court of Appeal judge, sitting as an additional High Court judge, adjourned the case to enable Mr Dzakpa (A3) to open his defence. Mr Thomas Obeng, Counsel for A3, told the Court that they intended to call one witness together with the accused person, who would give his evidence orally. The case has been adjourned to March 12, 2024, for continuation. GNA  

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