Big Sea Trading LLC, a private company, has informed the Attorney General in writing of its decision to refund €2 million to the state.
As a result, the prosecution of Minority Leader Dr. Ato Forson, Sylvester Anemana, a former Director of the Ministry of Health, and businessman, Richard Jakpa would practically come to a conclusion.
According to the Attorney General, the three are on trial for their participation in the state’s ambulance purchase. The state allegedly lost €2.37 million as a result of the ambulances’ acquisition, which turned out to be defective.
The basic standard necessary to answer to the case against them has been satisfied, and the court has already ordered that they open their defense after all three defendants pleaded not guilty.
Big Sea Trading LLC is the company government purchased ambulances from. Richard Jakpa, however, is alleged to have served as the firm’s agent. The offer was made because, according to the corporation, the ongoing trial poses serious risks to its reputation. It adds that it wants to preserve its relationship with Ghana in order to advance its business interest.
According to Section 35 of the Courts Act of 1993 (Act 459), a defendant facing trial for crimes involving economic loss to the state may accept guilt and provide restitution.
When the prosecution accepts such an offer and the court finds it acceptable, the accused enters a guilty plea and an order is made for the payment to be made rather than the imposition of a jail sentence.
However, it is not clear if the offer is being made under this law. This is due to the business’s request to get €500,000 up front and the balance €1.5m within six months. The state is being urged to turn over the 30 ambulances to the company and drop the charges against the defendants.
It is understood that Big Sea’s offer has been declined by the Attorney General’s Office. According to sources familiar with the ongoing negotiations, this is due to the AG’s belief that Big Sea is not an accused party now facing trial and cannot, therefore, make such a request.
However, according to reports, the businessman’s Attorneys wrote to the AG to explain that Big Sea made the offer to Mr. Jakpa. The attorneys stated that Mr. Jakpa was submitting the aforementioned plan to the Attorney General for review as a result.
They added that they have fully adopted the said proposal and have also brought it to the attention of the other accused persons asking them to confirm their support for the settlement process.
Ato Forson’s Court Case
Dr. Forson and two other people havebeen accused of wilfully causing the state to lose €2.37 million by purchasing ambulances that could not be used for the purpose for which they were purchased.
After the prosecution’s case against the defendants was concluded, the court issued its order after ruling on a submission of no case made by the defendants.
However, the court stated that Dr. Ato Forson has a case to answer because his attorneys have not been able to demonstrate that he had permission to sign the letters of credit, which is relevant to the question of whether he has been held accountable for the financial loss.
In his cross-examination of the prosecution’s witnesses, Dr. Forson stated that he was exempted from liability, since he received permission from Seth Terkper, the then-Minister of Finance. Through his attorneys, Dr. Forson had asserted that he did not issue letters of credit and that the accusations made against him were unfounded.
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