Go back to Big Sea for the money else you will be prosecuted for causing financial loss to the state – Kpebu tells Godfred Dame

Private legal practitioner Martin Kpebu has told Attorney-General (A-G) Godfred Dame to go back to the Big Sea company for the money they wanted to refund in the ambulance purchase.

He says if the A-G fails to do that he will be prosecuted for causing financial loss to the state under a new government.

Big Sea is the company the government purchased ambulances from. The third accused in the ambulance case Richard Jakpa was said to have acted as an agent of the company.

Big Sea Trading LLC said it was ready to refund €2million to the state. The company had stated that the trial presented significant risks to its reputation, hence the offer.

However the Office of the Attorney General rejected the terms proposed by the company for various reasons, among which include the fact that the proposed money did not make up for the entire money the state lost as a result of the purchase of the 30 ‘defective’ ambulances.

Speaking on the Key Points on TV3 on Saturday, August 3 in relation to the acquittal and discharge of the first accused Dr Cassiel Ato Forson and Japka by the Court of Appeal, Martin Kpebu said “Godfred Dame is going to stand trial for causing financial loss if he doesn’t collect the money from Big Sea to pay off. We will make a case, he will stand criminal prosecution, he should better get to Big Sea and try to take the money back.”

Kpebu further said that the High Court should have stopped the trial of Ato Forson and Richard Jakpa in the ambulance case when it emerged that Godfred Dame was engaged in conversations with the third accused, Jakpa.

In the view of Kpebu, the trial judge, Justice Afia Serwah Asare-Botwe disappointed everyone by continuing the case.

He said “It is a welcome decision because the trial judge had disappointed, the tape was enough to stop the trial

“The Court of Appeal decision is the stella, it saved us the embarrassment.”

The High Court was due to sit on Tuesday, July 30 but on that same day, a Court of Appeal upheld an appeal on the Financial and Economic Court’s decision by Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.

The High Court in March 2023 ordered Dr Cassiel Ato Forson to open his defence after the Attorney General’s office established prima facie against the former deputy finance minister in the 2.37 million Euro ambulance case.

Two others, Sylvester Anemana, a former Chief of Director, Ministry of Health, and Richard Jakpa, a businessman, who were standing trial with Dr Forson were also directed to open defence.

Dr. Forson and the two have been variously charged with willfully causing financial loss to the state to the tune of 2.37 million Euros in the purchase of ambulances, which could not be used for their intended performance.

Lawyers of Dr Ato Forson filed a submission of no case after the prosecution closed its case but in its ruling on March 30, 2023, presiding judge, Justice Afia Serwah Asare Botwe indicated that the accused persons should open their defence.

The Court of Appeal in its decision on July 30 indicated that the High Court’s decision should be set aside since “the prosecution failed to establish sufficient evidence. The trial judge erred in calling on A1(Dr Cassiel Ato Forson) to open his defence. No positively proven facts.
“Evidence based on Impermissible speculations.
“There is no link between the evidence heard and what happened for the third accused to be called to open defence.”

The panel of three justices also acquitted and discharged the accused persons in the case.

The court also noted in its decision that:
“If there is any financial loss, that was based on the Health Ministry’s recklessness and be blamed on the Ministry of Health. If they worked in the interest of the state the whole ambulance would have been dealt with.
“Both appellants have made a case for them to be acquitted and discharged.”