Dominic Ayine – AG
The Office of the Attorney General has withdrawn its appeal against the decision of the Court of Appeal which acquitted Finance Minister, Dr. Cassiel Ato Forson and Richard Jakpa.
The Office in an application for abadonement filed before the Supreme Court indicated that the state does not intend to continue with the prosecution of the appeal.
“PLEASE TAKE NOTICE that the Republic having previously served notice of appeal to the Court against the judgment delivered by the Court of Appeal on the 30th day of July 2024 hereby give(s) you
NOTICE that the Republic does not intend further to prosecute the appeal, but that the Republic abandons all further proceedings with respect to this matter as from the date of this notice,” the notice of abandonment read.
This brings an end to the trial which was before the High Court where the two had been accused of causing a financial loss of €2.37 million in a contract to purchase 200 ambulances for the state.
Former Attorney General and Minister for Justice, Godfred Yeboah Dame, had filed an appeal at the Supreme Court challenging the decision of the Court of Appeal which acquitted then Minority Leader, Dr. Cassiel Ato Forson and businessman, Richard Jakpa in the €2.37 million ambulances trial.
According to the notice of appeal filed in August 7, 2024, the decision of the majority bench failed to give due consideration to the case of the prosecution, as required by law, in the determination of whether a case had been made for the accused to answer.
The notice which was signed by the Director of Public Prosecutions, Yvonne Atakora Obuobisa, also argued that the decision of the Court of Appeal acquitting the accused is erroneous and “is unreasonable having regards to the evidence on record.”
Acquittal
The Court of Appeal on July 30, 2024, acquitted Dr. Cassiel Ato Forson and Richard Jakpa who were standing trial for causing €2.37 million financial loss to the state in the purchase of 200 ambulances for the Ministry of Health.
The court in a 2:1 split decision upheld an appeal against the decision of the High Court which had held that the prosecution established prima facie against the two and subsequently ordered them to open their defence.
The majority decision by Justice Kweku Ackah-Boafo and Justice Philip Bright Mensah, also held, among other things that the accused were at no fault as it was the Ministry of Health’s default that caused a financial loss to the state and not the accused persons.
Justice Alex Poku Acheampong who presided, in his dissenting view said the trial judge did not err in her decision and was right in asking the two to open their defence.
BY Gibril Abdul Razak
The post Ambulance Case: State Withdrawals Appeal Against Ato Forson, Jakpa appeared first on DailyGuide Network.
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