Ambulance case: Court orders Ato Forson, two others to answer to charges

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.

This was after the court held that a prima facie case has been established against them by the Prosecution.

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.

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 €2.37 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 Minister of Health who is the second accused.

The court also said it is satisfied that prosecution has demonstrated a 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.

Background

The Financial and Economic Court ‘2’ of the Accra High Court presided over by Justice Afia Serwah Asare-Botwe after the conclusion of the prosecution’s case ordered the parties to file their submissions of no case by March 16.

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 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 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 witness, including the Minister of Health, Kwaku Agyemang-Manu to prove its case.

AG’s argument

The Attorney-General submission before the Financial and Economic Court of the Accra High Court that the State has succeeded in establishing a case against the former Deputy Minister for Finance, Dr. Cassiel Ato Forson together with two others involving the supply to the State of vehicles unworthy to be used as ambulances in 2015.

According to the AG, “the evidence given orally by the prosecution’s witnesses was buttressed by a large volume of documents directly confirming the truth of assertions made by the witnesses.”

The written submissions filed on March 16, 2023, the Attorney-General, Godfred Yeboah Dame, submits that “a consideration of the evidence led at the trial so far by the prosecution should easily lead to the conclusion that the prosecution has satisfied all the elements of the offences” contained in charges preferred against the accused.

The AG states that a case has been made for all the three accused persons for which reason they must be made to respond to the charges before the court presided over by Justice Afia Serwah Asare-Botwe, a Justice of tue Court of Appeal sitting as an additional High Court judge.

The AG pointed out that the actions of the first accused, Dr Ato Forson directly led to financial loss to the State in the purchase of the vehicles purporting to be ambulances.

The AG recounted that, by a letter dated August 7, 2014, signed by Dr Ato Forson, the Bank of Ghana was urgently instructed to establish an irrevocable transferable Letter of Credit (LC) in the sum of EUR 3,950,000.00 in favour of Big Sea General Trading LLC. as payment for the ambulances to the Ministry of Health.

“This authorisation for the LCs to be established resulted in the payment of €2,370,000 for the supply of vehicles by Big Sea General Trading LLC, which did not meet the description of an ambulance (a fact clearly established from the evidence on record), the AG stated.

No case against Ato Forson

For his part, the Former Deputy Minister for Finance Dr. Cassiel Ato Forson urged the court to acquit and discharge because the evidence adduced by the four prosecution witnesses including the current Minister for Health Kweku Agyeman Manu falls short of the standard proof that warrant that he is called upon to answer to charges.

A written submission filed through his lawyers on March 16, 2023, Dr Ato Forson said no sufficient evidence has been adduced to establish a prima facie case against him.

Dr. Cassiel Ato Forson, who is currently the Minority Leader in Parliament is urging the Court presided over by Justice Afia Serwah Asare-Botwe to acquit and discharge him.

The lawyers stated that “we demonstrate that the prosecution at the close of its case has woefully failed to adduce sufficient evidence, which should compel A1 (Dr Forson) to open his defence.”

The lawyers stated further that “We state that the weight and quality of evidence adduced by the prosecution falls short of establishing a prima facie case against A1 pursuant to section 173 of Act 30.

Consequently, they said “we pray this Honourable Court to acquit and discharge A1 on both counts.”