The High Court in Accra has ordered the former Deputy Minister of Finance, Dr. Casiel Ato Forson and two others, who are standing trial for allegedly causing financial loss to the state in an ambulance deal, to answer to charges.
Dr. Ato Forson, currently the Minority Leader in Parliament, Sylvester Anemana; a former Chief Director at the Ministry of Health, and a private businessman; Richard Jaka, are standing trial for allegedly willfully causing financial loss of €2.37 million to the state, through a contract to purchase 200 ambulances for the Ministry of Health.
Ruling on a submission of no case to answer on March 30, 2022, after the prosecution had called four witnesses to close its case on February 14, Justice Afia Serwah Asare-Botwe said a prima facie case has been established against the accused persons.
Justice Asare-Botwe ruled that it was not in doubt that 50 ambulances were procured, and again all parties agreed that the vehicles were unfit for purpose and an amount of GHC62.37 million had been expended.
The court said though a submission was not to examine the evidence of the prosecution in totality, the court has found as a fact that a prima facie case has been established against Ato Forson and businessman Richard Dzakpa, on willfully causing financial loss and intentionally misapplying public property.
The Justice of the Court of Appeal also ruled that, there was a case for Sylvester Anemana, a former Chief Director of the Ministry of Health, who is the second accused. The court revealed that it is satisfied that prosecution has demonstrated prima facie on the contraventions of public procurement act, against Mr. Anemana.
The court after examining the elements of prima facie and the position of the law, said on the face of the records, the standard of proof for explanation is not as high on the accused, as was on the prosecution to prove beyond reasonable doubt.
“I hold that once there was the need to show that there are ambulances that are not fit for purpose and not for value for money,” the accused persons are to respond to charges, the court held.
Ato Forson Asked To Prove Seth Terkper’s Authorization For Letters Of Credits
The trial judge in the case of causing financial loss to the state, brought against the former Deputy Minister of Finance and current Minority Leader in Parliament, Dr. Cassiel Ato Forson, has asked him to show proof of authorization to the request for the Bank of Ghana to set up Letters of Credit, in favor of Big Sea Trading Limited.
Delivering a ruling on a submission of no case brought by lawyers of Dr. Forson, Justice Afia Serwaa Asare Botchwey said the prosecution had met the threshold of establishing a prima facie case against Dr. Forson.
She added that having reviewed all the arguments in court, and the written submissions of all parties, she was inclined to ask the accused to open his defence on the two counts of causing financial loss to the state over the issuance of an LC in favor of Big Sea, for the importation of some ambulances.
She was quick to add that this was only a preliminary ruling, as the court was yet to make a determination on the facts of the case. She noted that the accused had stated in the course of the trial that he had authorization to request the BoG to establish the letters of credit but had not offered conclusive evidence to back it.
She said a statement taken from then former finance minister, Seth Terkper, was not conclusive as to whether or not he gave Dr. Forson authority to have the LCs established.
Justice Asare Botchwey explained that in criminal cases, it is the duty of the person making a positive averment to show proof thereof, and not the party making a negative averment.
This ruling appears to pave the way for Seth Terkper to be called as a witness for Dr. Forson, if the defense so wishes. The defense was given up to April 11, 2023, to file witness statements and indicate who those witnesses are.
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