Big Sea Trading LLC, a private company, disclosed to the Attorney General in writing of its decision to return €2 million to the state.
As a result, the prosecution of Minority Leader Dr. Ato Forson, Sylvester Anemana, a former director of the Ministry of Health, and businessman Richard Jakpa would practically come to a conclusion.
The three are on trial for their participation in the state’s ambulance purchase.
The state allegedly lost €2.37 million as a result of the ambulances’ acquisition, which turned out to be defective, according to the attorney general.
The basic standard necessary for them to answer to the case against them has been satisfied, and the court has already ordered that they open their defense after all three defendants entered not guilty pleas.
Government ambulances were purchased from Big Sea.
Richard Jakpa is said to have acted as an agent of the company.
The company says the ongoing trial presents significant risks to its reputation, hence the offer. It adds that it wants to preserve its relationship with Ghana in order to advance its business interest.
Section 35 of the Courts Act 1993 (Act 459) allows a person standing trial on charges bothering on economic loss to the state to admit to the offence and offer compensation.
Where such an offer is accepted by the prosecution and deemed satisfactory by the court, a guilty plea is entered for the accused and instead of imposition of custodial sentence, an order is made for the payment to be made.
It is not clear if the offer is being made under this law.
This is because the company wants to pay €500,000 upfront with the remaining €1.5m to be paid within 6 months. The state is being asked to release the 30 ambulances to the company and discontinue the case against the accused persons.
Faculty tv has been informed that Big Sea’s offer has been rejected by the Attorney General’s Office.
Sources close to the ongoing negotiations explain that this is because the AG holds the view that Big Sea is not one of the accused persons standing trial. It cannot therefore make such a request.
Lawyers for the businessman, Richard Jakpa are however said to have written to AG to explain that Big Sea made the offer to him (Mr. Jakpa).
The attorneys state that Mr. Jakpa was submitting the aforementioned plan to the Attorney General for review as a result.
The other accused parties have also been informed of the said proposal, and they have been urged to confirm their support for the settlement procedure, they say. They have also fully adopted the aforementioned proposal.
