Ambulance Case: Businessman To Call 8 Witnesses

Richard Jakpa

 

Businessman in the ‘defective’ ambulance trial, Richard Jakpa, has indicated his decision to call eight potential defence witnesses in a trial in which he is accused of causing financial loss to the state.

Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court judge, has subsequently ordered counsel for the accused, Thaddeus Sory, to endeavour to file witness statements for all the witnesses before April 30, 2024.

The businessman is standing trial alongside Minority Leader and former Deputy Finance Minister, Dr. Cassiel Ato Forson, for allegedly causing €2.37 million financial loss to the state through a contract to purchase 200 ambulances for the Health Ministry.

Jakpa has already opened his defence and insisted he is innocent, but his testimony has been put on hold due to his absence from the trial on two occasions.

The court on March 21, 2024, issued a warrant for the arrest of the businessman after he failed to show up for the trial and the Trial Judge ruled that his supposed excuse duty from a hospital in Accra did not qualify as one.

The case resumed yesterday and both the prosecution and the defence lawyers went into the judge’s chamber, after which the court later noted that the accused indicated that he will be calling eight potential defence witnesses.

Justice Asare-Botwe ordered the defence lawyer to file the witness statements for all the eight potential defence witnesses by April 30, 2024.

She said the witnesses for whom witness statements would not be filed, the lawyer is to ensure that all documents they intend to rely on are filed before the court.

The judge added that any document to be tendered by Mr. Jakpa, who has begun testifying and is under oath, are to be filed by April 16, 2024.

The case was adjourned to May 2, 2024 and subsequently to 12 noon of every Tuesday and Thursday until the conclusion of the case.

Trial

Dr. Ato Forson and Jakpa are standing trial for willfully causing financial loss of €2.37 million to the state, through a contract to purchase 200 ambulances for the Ministry of Health, among other charges.

The ambulances, according to court documents, are ordinary buses which are not fit for purpose as they do not have the needed equipment that an ambulance requires.

The prosecution, led by the Attorney General and Minister for Justice, Godfred Yeboah Dame, and Director of Public Prosecutions, Yvonne Atakora-Obuobisa, closed its case on February 14, 2023 after calling five witnesses, including the then Minister of Health, Kwaku Agyeman-Manu, to prove its case.

The main issue raised during the prosecution’s case was whether the defective vehicles were purchased in accordance with the purchase agreement approved by Parliament.

The other was whether Dr. Forson was authorised by the substantive Finance Minister or any superior officer to write a letter to the Controller and Accountant-General directing the establishment of irrevocable letters of credit (LCs) which led to the payments.

Dr. Forson opened his defence and called three witnesses – Henry Myles Mills, an official of Stanbic Bank, Alex Mould and Seth Terkper, former Minister of Finance.

Mr. Terkper, who appears to be Dr. Forson’s principal witness, told the court that he authorised Dr. Forson to write to the Bank of Ghana authorising the establishment of the letters of credit (LCs).

But while under cross-examination by Attorney General Godfred Yeboah Dame, Mr. Terkper admitted that payment for the defective ambulances for which his then deputy is standing trial, was made in error.

Apart from this admission, Mr. Terkper was not able to point to any document specifically authored by him, authorising Dr. Forson to write to the Controller and Accountant-General’s Department (CAGD) requesting the establishment of the letters of credit which was the means of payment for the ambulances.

BY Gibril Abdul Razak

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