Attorney General appeals acquittal of Ato Forson in Ambulance case

The Attorney General’s office has filed an appeal against the Court of Appeal’s decision that cleared Dr. Cassiel Ato Forson and Richard Jakpa of charges in the ambulance case.

In a notice of appeal filed on August 8, 2024, the Attorney General’s office argues that the Court of Appeal made a mistake in applying the rule on the standard of proof. They believe the court wrongly focused on possible defences for the accused when deciding if there was enough evidence for them to answer.

According to the prosecution, this approach was unfair because they had already discredited these defences during cross-examination of witnesses before the court’s judgment.

They also argue that the court failed to consider key factors in deciding if a Prima Facie case had been made against the accused.

The notice of appeal further states that the court’s finding that letters of credit did not count as payment under the contract goes against the evidence presented and is unsustainable.

The prosecution believes the court made significant errors in concluding that the Ministry of Health was responsible for the financial loss. They pointed out that the Ministry had ordered Big Sea Trading LLC to stop producing ambulances before they were shipped.

The prosecution states that the Ministry of Health never asked the Ministry of Finance to authorize the Bank of Ghana to establish the letters of credit used to pay for the vehicles.

The appeal also claims that the court did not correctly apply the evidence to the charges against the accused. The prosecution believes the court’s view that the letters of credit were properly authorized was flawed and led to a miscarriage of justice.