The Office of the Attorney General has filed an appeal against the Court of Appeal’s decision that acquitted and discharged Minority Leader Dr Cassiel Ato Forson and businessman Richard Jakpa in the ambulance case.
The AG in a Notice of Appeal filed on August 8, 2024, argued that “The Majority of the Court of Appeal misdirected itself in the application of the fundamental principles regarding the standard of proof required in determining whether a case has been made for the accused person to answer.”
“Lack of parliamentary and other necessary approvals form part of ‘lack of due cause and authorisation’ aptly captured in the particulars of defence. The prosecution’s evidence at the trial showed a lack of parliamentary approval for the transaction which was an international business or economic transaction.”
“Prosecution was not required, at law, to explicitly state lack of parliamentary approval on a charge sheet filed in a summary trial when the same is contained in the evidence led.”
“The Majority on the Court of Appeal was wrong in holding that the trial judge amended the charge sheet for the prosecution. The Majority on the Court of Appeal gravely misconstrued a report on a visit by the National Ambulance Service in Dubai as an addendum to the contract between the Government of Ghana and Big Sea General Trading LLC.”
The AG added that “The Court of Appeal erred when it concluded there was no nexus between the Respondents and the offense. The judgement is unreasonably having regards to the evidence on record.”
Reliefs sought from the Supreme Court
“That the decision and consequential order of the Court of Appeal dated 30th July 2024 acquitting and discharging the Accused/Appellant/Respondents be set aside.
“That the Accused/Appellants/Respondents be ordered to continue with their defence at the trial High Court.”
Source: Elvisanokyenews.com
