The Office of the Attorney General has filed an appeal against the Court of Appeal’s decision to acquit and discharge Minority Leader Dr Cassiel Ato Forson and businessman Richard Jakpa.
The duo, Dr Ato Forson and Mr Jakpa, who were dragged before the Accra High Court for causing the state a €2.3 million loss in an ambulance trial, were set free by the Court of Appeal.
On Tuesday, July 30, the Court of Appeal acquitted and discharged Dr Ato Forson and Mr Jakpa, overturning a previous order from the high court, which required the accused persons to open their defence.
However, in a notice filed on Thursday, August 8, 2024, the Attorney General, Godfred Yeboah Dame asked the Supreme Court to set aside the decision by the Court of Appeal and order Dr Forson and Jakpa to continue to stand trial at the High Court.
In his appeal, the A-G held that the Court of Appeal misdirected itself when it said that the prosecution failed to establish a prima facie case against the two accused persons.
According to the A-G, the 2-1 majority decision erred in applying the rule on the standard of proof necessary to determine whether the accused should be called to answer the charges against them.
The appeal signed by the Director of Public Prosecution, Mrs Yvonne Atakora Obuobisah on behalf of the Attorney General stated that the majority’s finding that the letters of credit did not constitute a payment under the contract contradicts the evidence presented and is untenable.
Additionally, the appeal criticizes the majority’s conclusion that the Ministry of Health was responsible for the financial loss, claiming it contained fundamental errors and resulted in a substantial miscarriage of justice.
The Attorney General, therefore, wants the apex court to overturn the acquittal and discharge and to order the accused persons to continue with their defence.
Find details of the appeal below.