The decision of the Court of Appeal in the ambulance trial did not come as a surprise at all because developments that unfolded especially regarding the conversation between the third accused Richard Jakpa and Attorney General (A-G) Godferd Dame showed that the A-G was not confident in his own case, a Constitutional lawyer, Justice Srem-Sai has said.
In the view of Srem-Sai, the decision of the Court of Appeal acquitting and discharging the accused persons in the ambulance trial has brought an end to the trial at the High Court.
To him, the Court of Appeals’s decision was predictable.
“The conversation between A-G and Japka started when the submission of no case was dismissed by the High Court.
“The only question you have to ask yourself is to know that the Court of Appeal decision was predictable and that if the A-G was so confident in his case would he be having those conversations with Jakpa?”
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.
Dr. Forson and the two have been variously charged with willfully causing financial loss to the state to the tune of 2.37 million Euros in the purchase of ambulances, which could not be used for their intended performance.
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 panel of three justices also acquitted and discharged the accused persons in the case.
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.”
