THE REPUBLIC v CASSIEL ATO FORSON & ORS
2024
COURT OF APPEAL
GHANA
CORAM
- MENSAH J.A (PRESIDING) BARTELSKODWO J.A. AMALEBOBA J.A
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal was brought against the High Court's dismissal of a motion to strike out a charge sheet or provide more specifics. The Appellant was charged with willfully causing financial loss and misapplying public property. The High Court had earlier ruled that the charges had sufficient detail, but the Appellant argued that the charges were vague and his rights were breached. The Court of Appeal reviewed the grounds of appeal and previous cases, holding that the charges were sufficiently detailed and dismissing the appeal.
BARTELSKODWO JA:
BACKGROUND:
This is an interlocutory appeal against the decision of the High Court (Financial Division) dated 5th April 2022 to dismiss the 1st Accused/Appellant's (hereinafter referred to as 'the Appellant') motion for an order to 'strike out defective charge sheet o r for further particulars/details in the particulars of offence'.
The Appellant and his coaccused were arraigned before the honourable High Court below and charged with the offences of willfully causing financial loss to the Republic contrary to section 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29) and intentionally misapplying public property contrary to section 1(2) of the Public Property Protection Act, 1977 (SMCD 140), among others.
1st ACCUSED/APPELLANT
JUDGMENT
The relevant charges were set out on the charge sheet as follows;
' Count One
Statement of Offence
Willfully causing financial loss to the Republic contrary to Section 179A (3)(a) of the Criminal Offences Act, 1960 (Act 29).
Particulars of Offence
Cassiel Ato Forson between August 2014 and April 2016 in Accra in the Greater Accra Region of the Republic of Ghana willfully caused financial loss of €2,370,000 to the Republic by authorizing irrevocable letters of credit valued at €3,950,000 to be established out of which payments amounting to €2,370,000 were made to Big Sea General Trading Ltd of Dubai for the supply of vehicles purporting to be ambulances without due cause and authorization.
Count Five
Statement of Offence
Intentionally misapplying public property contrary to Section 1(2) of the Public Property Protection Act, 1977 (SMCD 140).
Particulars of Offence
Cassiel Ato Forson between August 2014 and April 2016 in Accra in the Greater Accra Region of the Republic of Ghana intentionally misapplied the sum of €2,370,000 being public property by causing irrevocable Letters of Credit to be established against the budget of the Ministry of Health in favour of Big Sea General Trading Ltd. of Dubai for the supply of vehicles purporting to be ambulances without due cause and authorization .'
Following this, on the 4th of March, 2022, the Appellant caused to be filed at the registry of the High Court, a motion on notice praying for an order striking out the charge sheet against himself for being defective, or an order directed at the Prosecution to provide further details in the particulars of offence of the specific acts that constitute acting without authorization or intentional misappli