THE High Court in Accra will on Monday, March 16, decide whether the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, should open his defence or be acquitted and discharged in an ongoing criminal trial over alleged illegal mining activities.
Mr Antwi-Boasiako is standing trial for allegedly facilitating illegal mining operations on his concession at Samreboi in the Western Region without the required permit.
Lawyers for the NPP chairman have urged the court, presided over by Justice Audrey Kocuvie-Tay, to acquit and discharge their client on the grounds that the prosecution failed to establish a case against him.
Presenting a submission of no case to answer, lead counsel, Andy Appiah Kubi, argued that the prosecution failed to provide credible, reliable and sufficient evidence to support the charges brought against the accused.
He stated that the submission was based on the well-established principle in criminal law that the burden of proof lies on the prosecution to prove every element of the offences charged beyond reasonable doubt.
According to him, the prosecution failed to adduce sufficient evidence to establish a prima facie case against Mr Antwi-Boasiako and Akonta Mining in respect of the six counts preferred against them.
The charges were brought under the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining (Amendment) Act, 2019 (Act 995).
Mr Appiah Kubi, therefore, urged the court to uphold the submission of no case to answer and acquit and discharge the accused persons pursuant to Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
The Office of the Attorney-General led criminal charges against three accused persons — Mr Antwi-Boasiako, who is a shareholder of Akonta Mining, the company itself, and Kwame Antwi, a director of the firm.
They are facing charges related to alleged illegal mining activities, including the assignment of mineral rights without approval and facilitating an unlicensed mining operation at Samreboi.
Kwame Antwi, who faces two counts in the case, is currently on the run.
During the trial, the prosecution called four witnesses to testify.
One of the witnesses, Henry Okum, a small-scale miner, told the court that he had a verbal agreement with Mr Antwi-Boasiako which allowed him to mine on the Samreboi concession.
The court is expected to rule on whether the accused has a case to answer or should be acquitted.
BY MALIK SULLEMANA
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