The High Court has rejected a request made by attorneys representing Bernard Antwi-Boasiako, the Ashanti Regional Chairman of the New Patriotic Party, commonly referred to as Chairman Wontumi. This request sought additional disclosures from state prosecutors in the ongoing case where he faces allegations of unlawfully allowing mining activities on his Samreboi concession.
Counsel for the first accused, Andy Appiah Kubi, contended that the prosecution’s witness based their testimony on a supposed deed or agreement that was allegedly signed by Wontumi and another accused individual.
Consequently, the defense argued that it required copies of these documents to adequately prepare for the trial.
In contrast, the Deputy Attorney General, Dr. Justice Srem-Sai, vehemently opposed the request, labeling it as legally flawed.
The prosecution asserted that, according to the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, any further disclosures must be substantiated as exculpatory, a condition that the defense had not satisfied.
The Deputy Attorney General further stated that the prosecution does not have any such deed or written agreement in its possession, nor does the charge under Section 14 of the Minerals and Mining Act necessitate the existence of such a document.
Indeed, the prosecution argued that the lack of a valid deed is itself a component of the offense, which pertains to allowing mining without lawful authority.
After reviewing the motion and the supporting affidavit, the Court determined that the defense had not established any legal grounds or justification for the requested documents.
The Court also remarked that the prosecution had clearly indicated that it could not provide what it did not possess.
As a result, the judge dismissed the application for further disclosures.
The case, which revolves around allegations that Chairman Wontumi authorized mining on his Samreboi concession without proper authorization, is anticipated to advance to the next stage of the Case Management Conference.
