Private legal practitioner Martin Kpebu has said that the High Court should have stopped the trial of Ato Forson and Richard Jakpa in the ambulance case when it emerged that the Attorney-General Godfred Dame was engaged in conversations with the third accused, Jakpa.
In the view of Kpebu, the trial judge, Justice Afia Serwah Asare-Botwe disappointed everyone by continuing the case.
Speaking on the Key Points on TV3 on Saturday, August 3 in relation to the acquittal and discharge of Ato Forson and Japka by the Court of Appeal, he said “It is a welcome decision because the trial judge had disappointed, the tape was enough to stop the trial
“The Court of Appeal decision is the stella, it saved us the embarrassment.”
The High Court was due to sit on Tuesday, July 30 but on that same day, a Court of Appeal upheld an appeal on the Financial and Economic Court’s decision by Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.
The High Court in March 2023 ordered Dr Cassiel Ato Forson to open his defence after the Attorney General’s office established prima facie against the former deputy finance minister in the 2.37 million Euro ambulance case.
Two others, Sylvester Anemana, a former Chief of Director, Ministry of Health, and Richard Jakpa, a businessman, who were standing trial with Dr Forson were also directed to open defence.
Lawyers of Dr Ato Forson filed a submission of no case after the prosecution closed its case but in its ruling on March 30, 2023, presiding judge, Justice Afia Serwah Asare Botwe indicated that the accused persons should open their defence.
The Court of Appeal in its decision on July 30 indicated that the High Court’s decision should be set aside since “the prosecution failed to establish sufficient evidence. The trial judge erred in calling on A1(Dr Cassiel Ato Forson) to open his defence. No positively proven facts.
“Evidence based on Impermissible speculations.
“There is no link between the evidence heard and what happened for the third accused to be called to open defence.”
The court also noted in its decision that:
“If there is any financial loss, that was based on the Health Ministry’s recklessness and be blamed on the Ministry of Health. If they worked in the interest of the state the whole ambulance would have been dealt with.
“Both appellants have made a case for them to be acquitted and discharged.”
Source: 3news.com
