Lawyers for former Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, failed to appear in court yesterday to move his application for bail pending the determination of his appeal against his 20-year prison sentence.
When the case was called, the Deputy Attorney-General and Minister of Justice, Dr Edem Srem-Sai, and his legal team were present, but neither Mr Antwi-Boasiako nor his lawyers appeared in court.
Mr Gary Nimako Marfo, a private legal practitioner and Director of Legal Affairs of the NPP, was, however, present.
The case was subsequently adjourned to October 15.
On July 29, nine days after Chairman Wontumi was sentenced by the High Court in Accra, presided over by Justice Audrey Kocuvie-Tay, he instructed his lead counsel, Mr Samuel Atta Akyea, to file a notice of appeal against his conviction.
In the notice of appeal, Mr Akyea argued that the High Court’s decision was unreasonable and unsupported by the evidence on record.
He contended that the trial court misconstrued key provisions of the law relating to mineral rights and mining operations.
Mr Akyea further argued that the High Court usurped the jurisdiction of the Supreme Court by determining the constitutionality of certain statutory provisions.
He also challenged the court’s reliance on the testimony of Henry Okoom, the second prosecution witness, whom the defence characterised as a self-confessed illegal miner and participant in the alleged enterprise.
The appeal argues that the circumstantial evidence relied upon by Justice Kocuvie-Tay did not irresistibly point to guilt and that reasonable alternative explanations existed.
Mr Akyea further contended that there was no evidence establishing the requisite mens rea (criminal intent) for the offences.
He also argued that the lifting of the corporate veil to convict the third appellant was legally unsustainable.
According to counsel, exculpatory evidence was either disregarded or insufficiently considered by the trial court.
Mr Akyea also described the sentences imposed on Chairman Wontumi as inordinately harsh and excessive.
On July 20, the High Court sentenced Chairman Wontumi to 20 years’ imprisonment with hard labour for facilitating illegal mining activities on his concession at Samreboi in the Western Region.
The Office of the Attorney-General charged three persons in connection with the case: Mr Antwi-Boasiako, a shareholder of Akonta Mining, and Kwame Antwi, a director of the company.
Kwame Antwi, who faces two counts of assigning mineral rights without approval and purposely facilitating an unlicensed mining operation, is currently on the run.
The prosecution called four witnesses in support of its case against Mr Antwi-Boasiako and Akonta Mining.
Mr Okoom, a small-scale miner who testified as a prosecution witness, told the court that he had a verbal agreement with Mr Antwi-Boasiako to mine on the Samreboi concession.
BY MALIK SULLEMANA
Follow our WhatsApp Channel now! https://whatsapp.com/channel/0029VbAjG7g3gvWajUAEX12Q
