The Accra High Court has granted Minority Leader, Cassiel Ato Forson, one week to file his witness statement in the ongoing case, in which he is accused of causing financial loss to the state, over the purchase of some ambulances.
This was as a result of a request put forth by Ato Forson, as he called for a leave to file nine witness statements, as part of his defence.
Cassiel Ato Forson, together with other accused persons, were expected to have filed their witness statements earlier, to allow for a case management conference ahead of the opening of their defences. However, lawyers of the Minority Leader in court on Tuesday, specified that their client was unable to have conferences with some of the witnesses who are privileged to find themselves outside the country and as such, could not provide the witness statements today.
However, Afia Serwaa Asare-Botwe, approved the application for leave, even when she could not come to an understanding, as to why the accused person did not make use of technology available, in order to get the witnesses to type, sign, scan and forward over the witness statements to him.
Sylvester Anemana, a former Chief Director of the Ministry of Health and Richard Jakpa, a businessman, known to be the other two accused persons, have also revealed that they will call on 6 and 5 witnesses respectively, as part of their defence.
Moreover, the court also granted a disclosure application by Ato Forson for a warrant of payment, which he claims details the person who authorized the payments.
The case against Ato Forson is that he signed the letters of credit, which formed the basis for the payment that resulted in the financial loss to the state. The court directed the state to make the disclosures by Friday, April 21 this year. The case has been adjourned to May 9, 2023, for a case management conference.
However, the judge in order to concentrate on her character as a Court of Appeal Judge, has served notice that the matter will be completed by August 31 this year.
Past Court Proceedings On The Ambulance Issue
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, stand 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 issued that a prima facie case be established against the accused persons.
The court claimed 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 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, 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 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 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.
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