A report by Daily Guide Network has revealed that Dr. Cassiel Ato Forson, the Minority Leader in Parliament and former Deputy Finance Minister, has initiated contact with the Attorney General's office with the hope of reaching a plea bargain agreement in his ongoing trial.
Dr. Forson is facing charges related to the alleged willful causing of financial loss amounting to €2.37 million to the state, linked to a contract to purchase 200 ambulances for the Ministry of Health, among other charges.
The ambulances in question, as detailed in court documents, are described as ordinary buses lacking the necessary equipment required for ambulance operations.
Daily Guide source also indicates that the Attorney General is yet to make a decision on Dr. Forson’s letter, but that decision could be ready by October 12, 2023, when the case resumes before the trial court.
This plea bargain offer comes after the Attorney General's office rejected a similar proposal made by counsel for Richard Jakpa, who is co-defendant in the case alongside Dr. Forson.
The previous proposal sought to pay the cedi equivalent of €2 million in two installments, with a request for the return of 30 defective ambulances and the cessation of criminal prosecution for all three accused individuals.
However, the Attorney General's office declined the proposal, citing reasons that included the incomplete restitution of the state's losses and the absence of an admission of guilt by any of the accused parties, which was deemed inconsistent with Ghana's criminal procedure laws.
Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal acting as an additional High Court judge, ruled on June 15, 2023, to allow the trial to continue after no settlement was reached between the defense and the prosecution.
Dr. Forson's recent move towards plea bargaining reflects his attempt to avoid a full trial and the potential consequences of conviction, including imprisonment.
In a letter sent by Dr. Forson's legal representatives, and sighted by Daily Guide Network, reference was made to previous proposals for settlement, and it was indicated that there were no objections to the previous settlement terms.
The Attorney General, in accordance with Section 35 of the Courts Act, has the discretion to either accept or reject the terms of settlement proposed by the accused parties, but the ultimate decision rests with the court regarding whether or not the trial should be terminated as a result of a settlement.
The Attorney General's response to Dr. Forson's plea bargain request remains pending, with a decision expected by October 12, 2023, when the case resumes in the trial court.
Dr. Ato Forson, along with Sylvester Anemana, a former Chief Director at the Ministry of Health, and private businessman Richard Jakpa, is currently standing trial for charges related to willfully causing financial loss to the state through the purchase of 200 allegedly defective ambulances for the Ministry of Health.
Dr. Forson has already begun presenting his defense, having called two witnesses, and intends to summon former Minister of Finance Seth Terkper as his third witness during the trial's next phase.
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