The New Patriotic Party’s Ashanti Regional Chairman, Bernard Antwi-Boasiako, also known as Chairman Wontumi, was accused of illegally permitting mining on his Samreboi concession.
The lawyers’ request for additional information from state prosecutors in the ongoing case was denied by the High Court.
Andy Appiah Kubi, the first accused’s attorney, contended that the defense need copies of these documents in order to adequately prepare for trial because the prosecution witness relied on a bogus deed or agreement purportedly signed by Wontumi and another accused.
Dr. Justice Srem-Sai, the Deputy Attorney General, vehemently disagreed with the application, calling it legally flawed.
The prosecution contended that additional disclosures had to be justified as exculpatory in accordance with the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, which the defense had not done.
The prosecution does not have any such formal agreement or deed, and the charge under Section 14 of the Minerals and Mining Act does not need the existence of such a document, the Deputy Attorney General said.
The prosecution really argued that one of the elements of the offense, which involves allowing mining without legal permission, is the lack of a formal deed.
The Court determined that the defense had not provided any legal foundation or explanation for the requested papers after reviewing the motion and the supporting affidavit.
The prosecution had made it clear that it could not supply what it lacked, the Court added.
As a result, the judge denied the request for additional disclosures.
It is anticipated that the lawsuit, which focuses on claims that Chairman Wontumi allowed mining on his Samreboi concession without permission, would move on to the next round of the lawsuit Management Conference.
Source: newsthemegh.com