AG files appeal against acquittal of Ato Forson and Jakpa in ambulance case

The Attorney General, Godfred Yeboah Dame has filed a notice of appeal against the Court of Appeal's decision to acquit and discharge two accused person’s, Cassiel Ato Forson and Richard Jakpa, in the controversial ambulance procurement case.

In documents filed at the Supreme Court, the AG argues that the majority decision of the Court of Appeal to overturn the High Court ruling which required Dr. Ato Forson and Jakpa to open their defence, was fraught with errors and occasioned a miscarriage of justice.

According to the AG, the Court of Appeal misdirected itself in its application of the standard of proof required to determine whether the prosecution had made a case for the accused persons to answer.

The notice of appeal said the decision "fail[ed] to give due regard to the fact that whether a 'prima facie case' has been made by the prosecution is the true standard required in assessing whether the prosecution has made a case for the accused persons to answer."

On the substance of the accusations, the AG contends that the Court of Appeal was wrong to hold that the establishment of letters of credit for the procurement did not constitute payment under the contract.

The notice further argues that the majority's position that the Ministry of Health's default caused financial loss to the state, and not the actions of Ato Forson in authorising the letters of credit, was "laden with fundamental errors."

The AG is seeking orders from the Supreme Court to set aside the acquittal and discharge, and for Ato Forson and Jakpa to continue their defense at the High Court.

Cassiel Ato Forson and Richard Jakpa, who is a representative for Big Sea, were accused of causing a financial loss of €2.37 million to the State in a deal to purchase 200 ambulances for the country between 2014 and 2016.