A High Court has rejected 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 activities on his Samreboi concession.
Counsel for the first accused, Andy Appiah Kubi, had argued that the prosecution witness relied on a purported deed or agreement allegedly signed by Wontumi and another accused, and that copies of these documents were necessary for the defence to adequately prepare for trial.
However, the Deputy Attorney General, Dr. Justice Srem-Sai, opposed the motion, describing it as “legally misconceived.”
She maintained that under the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, further disclosures must be justified as exculpatory—an argument the defence failed to establish.
Dr. Srem-Sai also clarified that the prosecution does not possess any such deed or written agreement and emphasised that “the charge under Section 14 of the Minerals and Mining Act does not require the existence of such a document.”
She further 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 accompanying affidavit, the court ruled that the defence had not provided a legal basis or justification for the requested documents. The judge also noted that the prosecution had stated clearly that it could not provide what it did not have.
Consequently, the Court dismissed the application for additional disclosures. The case is set to proceed to the next phase of the Case Management Conference, continuing the legal proceedings against Chairman Wontumi regarding the alleged unauthorised mining activities on his Samreboi concession.
Source: asaaseradio.com
