The Attorney General has tendered into evidence the 2007 Ghana Armed Forces (GAF) dismissal letter of Richard Jakpa, the third accused person in the case of the Republic versus Cassiel Ato Forson and two others, to confirm that the businessman was removed from the armed forces on the stated grounds of misconduct, and not discharged honourably, as he claimed when cross-examined by the Director of Public Prosecutions.
The letter of dismissal, which the accused was made to read in open court, shows that Richard Jakpa was dismissed from the Ghana Army in November 2007 “for unsatisfactory conduct marked by fraudulent conduct, abrasiveness and general indiscipline” and that he “belongs to a world incompatible with … decent and gentlemanly composure”.
The letter, signed by Brigadier General M K G Ahiaglo on behalf of the then Chief of the Army Staff, further stated that Jakpa “was a bad example by all standards and his continued retention in the Service is likely to cause more harm to the Service and to himself”.
The Ministry of Defence further noted that, according to Jakpa’s records, he should have made the rank of captain by August 2002 but he had consistently failed his promotional examinations and was lagging far behind his mates in rank. Jakpa was therefore released for inefficiency.
Contention of defence lawyers
Before the Attorney General tendered the dismissal letter, Thaddeus Sory, a lawyer for Richard Jakpa, opposed the request. He told the court that his client had not been allowed to identify and associate with the documents the Attorney General sought to tender into evidence.
“We are objecting to the tendering of the letter addressed to the Attorney General through the witness,” Sory said in open court. “We also object to the document dated 12 September 2007, the addressee of which is not stated and also not copied to the accused person.
“The witness was not even given the benefit of identifying, let alone associating with, these documents. He was only made to identify the letter dated 22 October 2007, and he explained that he had knowledge of it and could speak to it.
“No background was laid in respect of the first two letters which justify the tendering of those two letters through him, especially [as] he had denied knowledge of the other letters,” Sory said.
AG stands on documents
In a sharp rebuttal, the deputy Attorney General Alfred Tuah-Yeboah pointed out in court that lawyers for Cassiel Ato Forson and Richard Jakpa have conceded that part of the document to be tendered relates to Jakpa, the third accused.
“All the documents are related to the accused and form part of his release from the Armed Forces,” the deputy Attorney General argued in open court.
“These other documents are relevant, and there is already evidence of the character of the accused person, and this document will help the court in making a determination.”
By court
Justice Afia Serwah Asare-Botwe, in her ruling after hearing the arguments of the parties, stated that the bottom line is that all the documents the Attorney General is attempting to tender are relevant.
She noted further that: “When the document was shown to the witness he acknowledged it and said he can speak to them. The other documents are attachments and disclosed to counsels.
“The documents are admitted,” the court ruled.
Commission received
During his cross-examination, Richard Jakpa admitted that his company received 28.7% of the amount paid by the government to Big Sea under the ambulance contract, amounting to roughly €700,000.
Jakpa conceded this in his response to a question under cross-examination posed to him by the Attorney General, Godfred Yeboah Dame.
Question: If you look at the agency agreement you signed with Big Sea Ltd, you were entitled to 10% of all monies paid under the ambulance contract?
Answer: That is so, but it is not my total entitlement. I was entitled to more by other clauses under the agreement.
Question: Out of the about €2.3 million paid by the government to Big Sea under the ambulance contract, you and Jakpa at Business earned 28.7% of it. In fact, about €700,000 was paid to you?
Answer: Yes, that was the amount paid to Jakpa at Business as an agent.
Next sitting
Sitting has been adjourned to Tuesday 2 July for the Attorney General to continue the cross-examination of Jakpa.
It is expected that the Attorney General will conclude his cross-examination of the third accused in the coming week.
Reporting by Wilberforce Asare in Accra
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