Ambulance Trial: Court of Appeal acquits and discharges Ato Forson, Jakpa
The Court of Appeal has acquitted and discharged Minority Leader, Cassiel Ato Forson and businessman Richard Jakpa in the ongoing Ambulance case.
This decision overturned the previous order from the trial court, which required Dr Ato Forson to present his defence.
A panel of three in a 2-1 majority decision said Justice Afia Serwah Asare-Botwe’s ruling on a submission of no case, for the accused to open their defense was in error.
Justice Kweku Tawiah Ackaah-Boafo and Justice Philip Bright Mensah granted the request and acquitted and discharged them while Justice Poku Acheampong the presiding judge dismissed their request.
Following the Court of Appeal’s decision, the Director of Legal Affairs of the National Democratic Congress (NDC), Edudzi Tamaklo, in an interview explained that the appeal was filed after the trial court dismissed their submission of no case, ruling that a case had been made against the accused persons.
“What happened is that after the prosecution called their witnesses, lawyers for the accused persons did what we call ‘a submission of no case’. The court dismissed the submission of no case and ruled that a case had been made against the accused person, warranting them to open their defence.
“We appealed that decision for us to open our defence. It is that appeal that today, the court of appeal by a 2-1 majority upheld, thereby acquitting and discharging Dr Cassiel Ato Forson and Richard Jakpa.
“By this, the court further ruled that the order by the trial court judge for the accused persons to open their defence is hereby set aside,” Mr Tamaklo explained on Channel One TV.
On June 6, an Accra High Court dismissed Dr Cassiel Ato Forson’s application for a mistrial in the ongoing ambulance case.
A mistrial is a trial terminated and declared void before the court can hand down a decision or render a verdict.
Terminating a trial prematurely nullifies the preceding proceedings as if they had not occurred.
In his application, the Minority Leader cited recent developments involving a leaked conversation between Richard Jakpa, the third accused in the case and Attorney-General (A-G) Godfred Dame.
Mr Jakpa alleged that the A-G had repeatedly sought his assistance to implicate Dr Ato Forson, who is also an accused person in the ongoing ambulance trial.
“It has become necessary to file this affidavit to bring to the attention of the court and in the interest of justice certain pertinent, material and relevant matters that have a bearing on the fair and just determination of the current application,” he stated in his application.
The Minority Leader insisted that failure to order a mistrial in such circumstances, where there appears to be a blatant disregard for the rule of law and ethical standards of prosecution, could severely undermine public confidence in the judicial process.
However, the trial judge, Justice Afia Serwah Asare-Botwe dismissed the prayer for a mistrial.
She explained that the Minority leader did not show provisions that warrant a mistrial in this case nor probe the A-G’s action.
Cassiel Ato Forson and Richard Jakpa, have been accused of causing the state a €2.3 million loss.
The accused persons are to answer five counts of wilfully causing financial loss to the state, abetment to wilfully causing financial loss to the state, contravention of the Public Procurement Act, and intentionally misapplying public property.