This was based on the address adjoin the cardinal of acquiescence of no case which was beforehand overruled by Justice Afia Serwaa Asare-Botwe, the balloon aerial cloister judge
Dr Forson and Mr Richard Jakpa, the third accused accept been asked to accessible their defence by Justice Asare-Botwe on annual of a prima facie case fabricated adjoin them by the prosecution
However, a 2-1 majority accommodation of the Cloister of Address presided over by Justice Alex Poku Acheampong set abreast the cardinal of the balloon aerial court. Justices Kweku Tawiah Ackah-Boafo and Philip Bright Mensah accepted the appeal, while Justice Acheampong dissented
Dr Forson was answerable with foolishly causing accident to the accompaniment and carefully misapplying accessible acreage while Jakpa faces a allegation of foolishly causing banking loss
Justice Ackah-Boafo disqualified that the case bootless to authorize acceptable affirmation and that the balloon adjudicator erred in calling on Dr Forson to accessible his defense
He captivated that there were no accurate facts adjoin the accused and the affirmation presented were based on blamable speculations
The adjudicator acclaimed that there was no articulation amid the affirmation heard and what happened for the third accused to be alleged to accessible his defense
Justice Mensah empiric that afar from the belletrist Dr Forson wrote, he did not do abundant to be asked to accessible his defence
He said the Ministry of Health had to do pre analysis and not Dr Forson
It is his assessment that the Ministry of Health should be captivated answerable for declining to do their work
“As at today the ambulances are still at the anchorage and that cannot be abhorrent on Dr Forson,” Justice Mensah said
Justice Mensah said the affirmation by case is not reliable for a cloister to accord with them
He said if there was any banking accident that was based on the carelessness on the allotment of the Ministry of Health
Justice Acheampong for his allotment said the balloon adjudicator did not err allurement the accused to accessible their defence
The accused pleaded not accusable to all the charges
The facts according to the case are that, Dr Forson and the added accused allegedly breached the accretion law in the acquirement of the ambulances
Mr Dame, prosecuting, said that on August 7, 2014, Dr Forson wrote to the Coffer of Ghana (BoG) “urgently requesting to authorize the Belletrist of Credit for the accumulation of 50 ambulances amounting to €3,950,000, apery 25 per cent of the arrangement sum, while arrange were actuality fabricated to absolute and assurance the accommodation acceding in favour of Big Sea.” He said on August 12, 2014, Dr Forson wrote to the Controller and Accountant-General authorising the absolution of GH¢806,688.75 to the Minister of Health for the acquittal of coffer accuse accoutrement the enactment of Belletrist of Credit (LCs) for the accumulation of 50 Mercedes Benz ambulances and accompanying services
The facts adumbrated that Dr Forson added directed that the LCs should be answerable to the account of the Ministry of Health adverse to the Parliamentary approval on the allotment for the accumulation of the ambulances
The Attorney-General said the Controller and Accountant-General on the ascendancy of the belletrist anachronous August 7 and 12, 2014, accounting by Dr Forson to the BoG authorised it to authorize an certain communicable LCs in the sum of €3,950,000 in favour of Big Sea
He said by February 2015, 30 ambulances had accustomed in Ghana and a post-delivery analysis appear that they had no medical accessories and there were added defects
BY MALIK SULLEMANA