An Accra High Court will on March 16 rule on a submission of no case filed by Mr Bernard Antwi Boasiako, also known as Chairman Wontumi, in an alleged illegal mining case.
Mr Boasiako is being held for allegedly undertaking mining on a concession at Samreboi in the Western Region without the consent of the sector minister.
The court, presided over by Justice Audrey Kokuvie Tay, fixed the date after lawyers for Mr Boasiako filed a submission of no case and the State responded.
Defence counsel contended that after calling four witnesses who were cross-examined, the prosecution had failed to establish a case against Mr Boasiako, the New Patriotic Party (NPP) Ashanti Regional Chairman.
The defence held that the prosecution had “woefully failed” to establish the essential ingredients of the charges preferred against the accused persons.
Mr Boasiako, together with his company, Akonta Mining, and another person, Mr Kwame Antwi, who is at large, allegedly permitted two persons to undertake mining on a concession without authority and to have facilitated the mining activities.
Responding to the submission of no case, the State prayed the court to dismiss the application, arguing that it had established a “prema facie” case against each of the accused persons and that they should be invited to open their defence.
The State said evidence on record showed that Mr Boasiako admitted in both his investigation caution and charge statements that he allowed the second prosecution witness access to the concession.
The prosecution maintained that the evidence showed that Mr Boasiako did not merely allow statutory breaches to occur.
“He financially aligned himself with the unlawful operations, granted operational access, provided logistical support, without the required approvals.”
The State contended that it had led credible, admissible and legally sufficient evidence touching on every essential element of the offences charged.
“Documentary evidence establishes the mineral right and absence of statutory approval. Witness testimony established active mining, machinery deployment and extraction of gold. Admissions confirm permission and facilitation.
“We therefore pray that the submission to answer ought to be dismissed in its entirety and the accused persons called upon to open their defence,” the State argued.
The prosecution was led by Dr Justice Srem-Sai, the Deputy Attorney General and Minister of Justice.
GNA
