Stop public comments on ambulance trial or go to jail – Judge warns parties

The Accra High Court has ordered lawyers and parties involved in the ambulance trial involving the Minority Leader, Dr Cassiel Ato Forson, to desist from making public commentary that tends to prejudice the case.

The court, presided over by Justice Afia Serwah Asare-Botwe, warned that any party that failed to comply with the order risked being slapped with a jail term for contempt of court.

Justice Asare-Botwe issued the warning last Thursday following incessant commentary on the trial in the media, with the recent one being an interview granted by the third accused, Richard Jakpa.

Justice Asare-Botwe said the continuous commentary on the trial in the media was an affront to effective administration of justice and had the potential to derail the rule of law “You grant interviews after court and many of you are on the borderline of contempt of court. I have told you several times to desist from it.

“What we are doing is not good for the country. It is bad for the country, it is bad for security, It is bad for rule of law; it is just not good for anyone,” Justice Asare-Botwe said. 

Not guilty

Dr Forson, who is also a former Deputy Finance Minister, and Jakpa, a businessman, have been accused of causing financial loss of €2.37 million to the state in a deal to purchase 200 ambulances for the country between 2014 and 2016.

They have pleaded not guilty to counts of wilfully causing financial loss to the state, abetment to wilfully causing financial loss to the state, contravention of the Public Procurement Act, and intentionally misapplying public property.
  

Facts

Per the Attorney-General’s facts accompanying the charge sheet, in 2009 while delivering the State of the Nation Address, the then President, Prof. John Evans Atta Mills, indicated that new ambulances would be purchased to expand the operations of the National Ambulance Service.

Jakpa, who is the local representative of Big Sea General Trading Limited, a company based in Dubai, subsequently approached the Ministry of Health with a proposal that he had arranged for finance from Stanbic Bank for the supply of 200 ambulances to the government.

Parliament approved the financing agreement between the government and Stanbic Bank.

On November 19, 2012, Dr Anemana wrote to the Public Procurement Authority (PPA) seeking approval to engage Big Sea through single sourcing for the supply of the 200 ambulances.

They added that on August  7, 2014, Dr Forson wrote to the Bank of Ghana for Letters of Credit covering €3.95 million for the supply of 50 ambulances in favour of Big Sea Limited.

The Letters of Credit were accordingly released to Big Sea Limited. The facts said 30 ambulances were purchased at a sum of €2.37 million but all were found not to have met ambulance specifications, and therefore “not fit for purpose”.

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