Mr Richard Jakpa, the third accused person in the trial of Dr Ato Forson, has applied for an order to strike out the charges against him for causing financial loss to the State in the Ambulances transaction.
He had also applied an order terminating the proceedings or staying the proceedings against him.
The applications filed by Mr Thaddeus Sory, Counsel for Mr Jakpa, said the grounds for the application were that the Attorney-General at whose instance the third Accused/Applicant was being prosecuted in the instant suit had brought the charges and instituted the proceedings in abuse of the process of the court and contrary to his constitutional obligations under articles 23 and 296 of the 1992 Constitution.
The Counsel said the Attorney-General at whose instance the third Accused/ Applicant was being prosecuted in the instant suit had brought the charges and instituted the proceedings in abuse of his [the Attorney-General’s] prosecutorial powers contrary to his constitutional obligations under articles 23, 88(3) and 296 of the 1992 Constitution.
He alleged that in the engagements with the third Accused/Applicant, the Attorney-General had admitted that there was no case against the third Accused/Applicant.
“The continued prosecution of the third Accused/ Applicant violates the third Accused/Applicant’s right to a fair trial,” he said.
Currently, Mr Jakpa, who opened his defence, is being cross-examined by the Counsel for Dr Forson but at the last sitting, the Court could not take the cross-examination because Dr Forson’s Counsel told the court they had filed two separate motions, which were yet to be heard.
Dr Forson was granted a self-recognisance bail of GH¢3million for allegedly wilfully causing a financial loss of 2,370,000 euros to the State.
He is also facing an additional charge of “Intentionally misapplying public property contrary to section 1 (2) of the Public Property Protection Act, 1977 (SMCD 140).”
Mr Jakpa was also granted bail of five million Ghana Cedis with three sureties, one of whom must be justified with documents of landed property.
