Ambulance case: Court grants Ato Forson leave to file witness statements by May 4

The High Court hearing the case involving former Deputy Finance Minister, Cassiel Ato Forson, and two others, on Tuesday, granted leave to Dr. Forson to file all witness statements by May 4, 2023. 

Mr. Forson and others were scheduled to open their defence at Tuesday's sitting, after they had been earlier directed to file witness statements on April 11. However, his lawyers had prayed the court to grant them leave to file witness statements at a much later date, indicating that were unable to have ‘conference’ with some witness­es who were outside Ghana's jurisdiction.

Although granting the application, presiding judge, Justice Afua Serwa Asare-Botwe had reservations and asked why Dr. Forson’s witnesses could not type their statements and scan it to him so that they could be filed. 

“They can then be behind a computer somewhere and be cross-examined. It is my hope that by August 31 when we go on break, I will be done with all my pending cases so that I can attend to my duties at the Court of Appeal,” she said. 

The court also granted a disclosure application from Ato Forson for a warrant of payment which he claims details the person who authorized the payments to Big Sea Limited in 2012.

Dr. Forson will be calling nine witnesses,  while, other accused persons, Seth Anemana, and Richard Jakpa, will call six and five witnesses respectively. 

The case was subsequently adjourned to May 9, 2023. 

Background

Former Deputy Finance Minister, Dr. Cassiel Ato Forson, and two others; Dr. Sylvester Anemana, a former Chief Director at the Ministry of Health, and businessman, Richard Jakpa have been charged by the state for causing financial loss, over the importation of 200 ambulances in a contract between the Ministry of Health and a Dubai-based company, Big Sea Limited in 2012.

They have been charged with five counts of willfully causing financial loss to the state, abetment to willfully cause financial loss to the state, contravention of the Public Procurement Act and intentionally misapplying public property, and have all pleaded not guilty to the charges.

The Attorney-General in his submissions (both orally and written) before the court has maintained that  Ato Forson and the others standing trial have a case to answer for their role in importing ‘fake ambulances’ into the country. 

Witnesses the state had called in the course of the trial had testified that Dr. Ato Forson acted without authorization when he instructed the Bank of Ghana to establish Letters of Credit which led to payments being made to Big Sea.

Particularly, Minister of Health, Kwaku Agyemang-Manu, who testified in July 2022, told the court that the said contract between Big Sea and the Ministry of Health stipulated that the vehicles had to be delivered and prior inspection made before payment was made.

However, Dr. Forson’s lawyers have refuted the statements, insisting their client only acted on behalf of former Finance Minister Seth Terkper.