Ambulance purchase trial: Gov’t can’t retain vehicles and allege financial loss to state – Richard Jakpa

The third accused person in the alleged 2.37million Euros financial loss caused to the state from the purchase of defective ambulances, Richard Jakpa has vehemently opposed any assertions of criminality.

Concluding his witness testimony at the Accra High Court, the Executive Chairman of Jakpa at Business Limited, indicated that though prosecution alleged that he had facilitated the supply of defective ambulances to the state while serving as the local representative of Big Sea Trading Ltd, it wasn’t accurate as the government had several instances to avert the shipping of the so-called defective vehicles.

He noted that he couldn’t be purported to have caused financial loss to the state.

“…as the local representative of Big Sea, knowing that Big Sea has not shipped, still arranged with his principal to supply the purported ambulances and contracted with Big Sea to charge a commission of 28.5% on the proceeds of the supply of these vehicles purported to be ambulances to the Government of Ghana.”

“In so far as causing financial loss to the Republic is concerned, two main facts are evident: there is no fact stated by the prosecution from which it can be inferred even remotely that JBL caused any loss to the Republic.

Also, the evidence is clear that the Republic has not suffered any loss, especially that the government still stands to benefit [and indeed has taken the benefit of] the transaction because the government retains possession of the ambulances without any form of protest whatsoever.

“Once again, I state that although I was not charged with willfully causing financial loss to the Republic, it is stated in the particulars of the offence against me that I willfully caused financial loss to the Republic in the same sum of two million, three hundred and seventy thousand euros [2,370,000.00] by “intentionally causing vehicles purported to be supplied to the Republic of Ghana by Big Sea General Trading Ltd,” Jakpa told the court.

Richard Jakpa further explained that once government had still not terminated the contract with Big Sea for the supply of the vehicles, it presupposes that they were satisfied with it.

“It is clear from the particulars of the offence charged against me that the government has itself admitted that the ambulances were supplied to Ghana. The point here I make is that since it is admitted that the ambulances were indeed supplied to the government of Ghana, it cannot be honestly said that the government sustained financial loss when government: “Has accepted or taken possession of the ambulances, indicated no intention whatsoever of terminating the contract and actually committed itself to performing the contract by paying for the ambulances as confirmed in the negotiated addendum to the contract.

“I say that since government has accepted the vehicles and has not terminated the contract, the only type of loss government can be talking about is the cost of rectifying the so-called defects if any,” he added.

Citing a report from the Economic and Organised Crimes Office, Richard Jakpa further detached himself from the charge of financial loss to the state.

“From my statement on the allegation of causing financial loss, the claim that I caused financial loss to the Republic is not honestly made. It is even more unsustainable when the loss is assessed at two million, three hundred and seventy thousand euros [2,370,000.00] when the government has in its custody the ambulances which clearly value more than that.

In exhibit AV which is a report prepared by the Economic and Organised Crimes Office [EOCO], it is stated that the ambulances were delivered in good shape except that the accessories were missing. Assuming [without admitting] any financial loss to have occurred, I did not cause it.”

The matter being presided over by Justice Afia Serwah Asare-Botwe adjourned the case to Thursday, May 16 for continuation of the trial hearing.