The Court of Appeal has, for the second time, dismissed a motion by Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Boasiako Antwi, popularly known as Chairman Wontumi, seeking to halt his ongoing trial at the High Court in Accra over alleged mining offences.
A three-member panel, presided over by Justice Georgina Mensah-Datse, unanimously ruled that the application failed to demonstrate any exceptional circumstances warranting the court’s intervention.
Mr Boasiako Antwi had filed the motion to challenge a High Court ruling directing him to open his defence.
His counsel, Andy Appiah-Kubi, argued that refusing the application would cause irreversible harm to his client.
His counsel contended that portions of the High Court’s ruling, particularly on pages 30 and 31, effectively pronounced the accused guilty, contrary to the constitutional presumption of innocence.
He maintained that the ruling suggested the accused persons had committed the offences and that the prosecution had sufficiently proven its case, thereby prejudicing the trial.
He further argued that allowing the trial to proceed under such circumstances would expose his client to an unfair trial and potential miscarriage of justice.
However, Deputy Attorney General, Dr Justice Srem-Sai, opposed the motion, stressing that the law requires applicants seeking a stay of proceedings to establish exceptional circumstances.
He cited the Supreme Court’s decision in the Republic v Dr Stephen Kwabena Opuni case, which defined such circumstances as those involving constitutional violations, jurisdictional issues, or defects in the charge sheet.
The Court of Appeal upheld this position and dismissed the motion.
Mr Boasiako Antwi and his company, Akonta Mining Company Ltd, are standing trial over allegations that they permitted two individuals to undertake mining activities on their Samreboi concession without ministerial approval, and facilitated illegal mining.
BY MALIK SULLEMANA
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