Indeed, in a lawsuit, the first to speak seems right until someone comes forward to cross-examine, a perfect scenario that qualifies a €2 million ambulance trial.

The Attorney General fourth prosecution witness (PW4), Rockson Gyimah, after swearing with the Holy Bible to speak the truth and nothing but the truth, start off by giving a narration of a team he led investigated procurement breaches of some 200 ambulances.

He confidently told the Economic and Financial Division ‘2’ of the Accra High Court, presided over by Justice Afia Serwaa Asare Botwe, about how their investigation uncovered several rots in the ambulance deal.

Key among these breaches was a former deputy of Finance and Leader of the Minority Group in Parliament, Dr Cassiel Ato Baah Forson without authorisation of his boss signed for Letters of Credit (LC) to prepared by the Controller and Accountant General (CAG) and the Bank of Ghana.

The witness, in his evidence-in-chief, claimed categorically in paragraph 44 of his witness that while investigating the case, an ordinary statement was taken from Dr Ato Forson, first accused in the trial of three.

Mr Gyimah made other factual statements in paragraphs 45, 46, 47 & 48, which turned out to be false when subjected to cross-examination by counsel for Dr Forson, Godwin Tamakloe.

Thus, Mr Gyimah was not the one who took the ordinary statement from the first accused and in fact, he was not even present the statement was taken.

Q. In the course of your investigation, you stated that an ordinary statement was taken from A1?

A.  Yes. 

Q. Were you the one who took that statement from him?

A. We were a team. 

Q. The first accused was invited to EOCO in the company of his lawyers. Were you there when he came that day?

A. I was engaged somewhere that day. 

Q. In fact, I will be correct to say the day he came to EOCO in the company of his lawyers it was your deputy director Nana Antwi who did the interrogation?

A. I was engaged somewhere. 

Q. I will be correct to say that when the first accused came to EOCO, the statement form was given to him to go home and write his statement and return it to the office. Is that correct?

A. I will not know. 

Q. From the day the first accused returned the statement to your office, you personally never spoke to him until the day you took his caution statement? Correct?

A. Yes, my Lady. 

Q. In fact, you were never part of any panel that even asked for his opinion on the material allegations you made in your witness statement?

A. I took the charge statement personally. 

Q. You were never part of a panel that interrogated the first accused?

A. I was part of the panel that took  the charge statement from him.  

Q. And this charge statement was in 2021. Correct?

A. If my memory serves me right, yes. 

Q. The ordinary statement was taken in November 2017, correct?

A. If me memory serves me right, yes. 

Q. So from November 2017 till November 2021, when you took the charge statement from him, you never called the first accused to appear before you for the purpose of putting these allegations contained in Paragraph 44 in your witness statement before him. Correct?

A. The only time I met the first accused was the time I was taking the charge statement. The charge statement was an opportunity for the first accused to speak to the allegations before him. 

Similarly, he never consulted the first accused before pressing the charges – wilfully causing financial loss to the Republic of Ghana to the tune of €2.37 million, abetment to wilfully cause financial loss to the state, contravention of the public procurement act and intentionally misapplying public property- against him.

And again, the witness as a lead Investigator also failed to confront the former Minister for Finance, Seth Terkper with the issue of the establishment of the LC.

Q. The former Finance minister never denied knowledge of the establishment of the LC?

A. Yes. But he never admitted authorising the former deputy minister.

However, as far as this witness is concerned, Mr Terkper has not either denied or accepted knowledge of the establishment of the LC.

The witness was also exposed for claiming that he works with the Economic and Organised Crime Office (EOCO).

Q. As you testified this afternoon, are you still with EOCO?

A. No. I am with the Office of the Special  Prosecutor. 

Q. How long have you been with the OSP?

A. For the past six months. 

Dr Forson standing trial with Sylvester Anemana, a former Chief Director of the Ministry of Health and Richard Jakpa, a businessman.

The case is adjourned to Tuesday, February 13, 2023.