Ambulance Trial: Recover funds from Big Sea or face prosecution – Kpebu warns Dame

Private legal practitioner Martin Kpebu has advised Attorney-General Godfred Dame to return to Big Sea Trading LLC to retrieve the funds they offered to refund in connection with the ambulance purchase. Speaking on TV3’s Key Points earlier today, 3 August 2024, Kpebu warned that the Attorney-General could face prosecution for causing financial loss to the state under a future government if he fails to recover the money from Big Sea.

“Godfred Dame is going to stand trial for causing financial loss if he doesn’t collect the money from Big Sea to pay off. We will make a case; he will face criminal prosecution. He should better get to Big Sea and try to take the money back,” Kpebu cautioned.

Big Sea Trading LLC, the company from which the government purchased the ambulances, offered to refund €2 million to the state, citing concerns that the trial could damage its reputation. Richard Jakpa, the third accused in the case, was reportedly acting as an agent for Big Sea. However, the Office of the Attorney-General rejected this offer as it did not cover the full amount the state lost from the purchase of the 30 defective ambulances.

Kpebu further expressed his disappointment with the High Court's decision to continue the trial of Ato Forson and Richard Jakpa in the ambulance case, despite evidence suggesting that the Attorney-General had been in communication with Jakpa. He criticised the trial judge, Justice Afia Serwah Asare-Botwe, for not halting the proceedings.

“It is a welcome decision because the trial judge had disappointed; the tape was enough to stop the trial,” he remarked. He also commended the Court of Appeal's ruling, stating, “The Court of Appeal decision is the stellar one; it saved us from embarrassment.”

On Tuesday, 30 July, the High Court was scheduled to convene. However, on the same day, the Court of Appeal upheld an appeal by Minority Leader and former Deputy Finance Minister Dr. Cassiel Ato Forson regarding a decision made by the Financial and Economic Court.

In March 2023, the High Court had ordered Dr. Cassiel Ato Forson to present his defence after the Attorney-General's office established a prima facie case against him in the €2.37 million ambulance case. Sylvester Anemana, a former Chief Director at the Ministry of Health, and Richard Jakpa, a businessman, who were also on trial with Dr. Forson, were similarly directed to open their defence.

Dr. Forson and the two others face charges of wilfully causing financial loss to the state amounting to €2.37 million in the purchase of ambulances that could not be used for their intended purpose.

After the prosecution closed its case, Dr. Forson's lawyers filed a submission of no case. However, on 30 March 2023, presiding Judge Justice Afia Serwah Asare-Botwe ruled that the accused should proceed to open their defence.

On 30 July, the Court of Appeal decided to overturn the High Court's ruling, stating that the prosecution had not provided sufficient evidence. The court found that the trial judge had erred in requiring Dr. Cassiel Ato Forson to open his defence, as there were no solid facts or connections between the evidence presented and the charges against the accused. The Court of Appeal also acquitted and discharged the accused, noting that any financial loss should be attributed to the Ministry of Health's mishandling rather than the actions of the accused. The court concluded that the appellants had successfully argued for their acquittal and discharge.

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