The High Court has dismissed an application by lawyers representing Ashanti Regional Chairman of the New Patriotic Party, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, seeking further disclosures from state prosecutors in his ongoing trial.
The case concerns allegations that Wontumi unlawfully permitted mining on his Samreboi concession.
The defence, led by Andy Appiah Kubi, argued that a prosecution witness had relied on a purported deed or agreement allegedly signed by Wontumi and another accused person. Counsel contended that copies of these documents were necessary for the accused to adequately prepare their defence.
The Deputy Attorney General, Dr. Justice Srem-Sai, opposed the motion, describing it as “legally misconceived.” She told the Court that under the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, further disclosures must be justified as exculpatory—a requirement the defence had not satisfied.
Dr. Srem-Sai added that the prosecution does not possess any such deed or written agreement. She also noted that “the charge under Section 14 of the Minerals and Mining Act does not require the existence of such a document” and explained that “the absence of a proper deed is itself an element of the offence, which concerns permitting mining without lawful authority.”
After reviewing the motion and supporting affidavit, the Court concluded that the defence had failed to establish any legal basis for the requested documents. The judge also emphasised that the prosecution had clearly stated it could not provide what it did not have.
The Court therefore dismissed the application, with the case now set to proceed to the next phase of the Case Management Conference, as proceedings continue against Chairman Wontumi over the alleged unauthorised mining activities on his Samreboi concession.
Source: theheraldghana.com
