The Chief of Defence Staff (CDS) has testified to the Financial and Economic Court hearing the ongoing ambulance procurement trial, that he has never received any request for the release of Richard Jakpa’s confidential sack letter from the military.
Lieutenant General Thomas Oppong-Peprah could also not tell the court who within the military setup released that confidential information to the Defense Minister based on which he honored the request of the Attorney General for the release of same.
The CDS who told the court that the 3rd accused person worked under him for a number of months during his military days, also testified that Richard Jakpa was not charged for misconduct with regards to his indebtedness to a Lebanese in Lebanon, and other parties.
Prosecution had suggested to Richard Jakpa during cross examination that one of the reasons he was sacked from the army was as a result of heavy indebtedness which in the view of the prosecution, constituted misconduct.
However, during cross examination of the CDS by the Attorney General, Godfred Yeboah Dame on Monday, Lieutenant General Thomas Oppong-Peprah explained that for an offence to be classified as a misconduct within the military settings, the officer involved has to be charged.
He said since Richard Jakpa was not charged but was only instructed to settle the debts, it will not be accurate to classify it as a misconduct.
Prosecution was relying on a September 2007 letter signed by one Brigadier General MKG Ahiaglo, deceased, that the 3rd accused person in the ongoing ambulance procurement trial was removed from the army due to misconduct.
That letter details Richard Jakpa’s conduct as a military officer, and events that culminated in the release of the army officer.
But in court on Monday, the CDS said the word misconduct does not appear anywhere in Richard Jakpa’s release letter, but contended that he was released on the grounds of lack of application or interest.
The CDS was summoned by lawyers for Richard Jakpa following prosecution’s reliance on a September 12, 2007 letter they procured from the Minister of Defence under the heading, ‘Released From Service For Unsatisfactory Conduct’.
The letter states that Richard Jakpa was released from the army because his service has largely been unsatisfactory and marked with persistent fraudulent conduct.
That portion of the report was disputed by Richard Jakpa and his lawyers when it was suggested to him by the prosecution during cross examination.
The CDS was thus subpoenaed to come and clarify that assertion.
When asked by Thaddeus Sory who is lead counsel for the 3rd accused person whether an enquiry has been commissioned to unravel circumstances under which the September 2007 letter was released to the Defense Minister, Lieutenant General Thomas Oppong-Peprah told the court that he has not received any correspondence that some documents have been released and so he could not have issued any such enquiry.
While responding to a question by the Attorney General Godfred Yeboah Dame on whether it will constitute a breach if the Minister of Defence writes and releases confidential information about a serving or retired army officer to a civilian body like the Attorney General’s office, the CDS said “I won’t say it is normal, but the Minister can do it”.
Godfred Yeboah Dame further asked the Chief of Defence Staff to read portions of the damning September 12 letter which chronicled how Richard Jakpa conducted himself in the army.
Richard Jakpa is standing trial with the Minority Leader of Parliament, Dr. Cassiel Ato Forson for willfully causing financial loss to the state and intentionally misapplying state property.
The case will be recalled on Tuesday July 30th, for other witnesses to testify.
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