Ato Forson and Jakpa’s applications desperate attempt to evade prosecution – A-G

The Attorney-General’s Office has urged the court to dismiss applications filed by Dr Cassiel Ato Forson and Richard Jakpa, accused persons in the ongoing ambulance trial.

Dr Ato Forson, a former Deputy Finance Minister, and Richard Jakpa, a businessman, are on trial for causing the state a €2.3 million loss in an ambulance deal.

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.

However, recent developments regarding allegations that the Attorney-General had repeatedly sought Mr Jakpa’s assistance to implicate Dr Ato Forson led to both accused persons filing separate applications for a mistrial.

Dr Ato Forson, for instance, says 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.

Mr Jakpa, on the other hand, is asking the court to strike out the charges against him because it violates his right to a fair trial.

However, the Office of the A-G said the accused persons are bent on using any means necessary to avoid their legitimate prosecution for the crimes committed against the state.

Describing the accused persons’ applications as frivolous and a complete waste of the court’s time, the A-G argues that it is in the public interest that the case be brought to a firm conclusion based on credible evidence.

In the case of the Minority Leader, the A-G said, “His application is unfounded, unmeritorious and unknown to the law as he has canvassed no proper grounds to warrant a grant of his application, which is unknown to the rules governing criminal law and practice in Ghana.

“That the instant application is a smokescreen and a veiled attempt by the applicant to abort his legitimate prosecution for actions committed as a public officer, which led to the state losing colossal funds. The same is incompetent as no one has immunity from prosecution under the laws of Ghana.”

The affidavit in opposition to the application filed by Jakpa argues that his application is a ruse and a desperate smokescreen set up by the accused to abort his legitimate prosecution for the role he played in causing colossal financial loss to the state in the purchase of ordinary vans purporting to be ambulances.

“The application, anchored on untruths and a skilful manipulation of facts, seeks to cloth the applicant with immunity from prosecution and, to this extent, is incompetent and offensive to Ghanaian law,” stated the affidavit.

The state prosecution also stated that the businessman’s application is an extension of public theatrics, and the accused persons have resorted to discrediting the prosecution and casting doubt about the integrity of the proceedings before the trial court.

It criticised the spin on the A-G’s meeting with the accused and clarified that the A-G had never met Jakpa outside the courtroom except in the residence of a Supreme Court judge who is the accused person’s cousin.

It also denies Jakpa’s allegations of A-G’s assurances to stop his prosecution or to assist the applicant in any way, indicating that “same are obvious untruths and a product of the fertile imagination of the Applicant.”