The Court of Appeal has scheduled November 4 to deliver its ruling on a bail application filed by New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, who is seeking release from prison while challenging his 20-year sentence in an illegal mining case.
At Thursday’s hearing, defence counsel Samuel Atta Akyea appealed to the court to grant Wontumi temporary freedom to enable him to assist in preparing and pursuing his appeal. He argued that the 19 grounds of appeal raised substantial legal issues with a reasonable prospect of success. He also stressed that Wontumi needed access to his lawyers to prepare the appeal and deal with another criminal case pending against him.
Mr Atta Akyea challenged the trial court’s interpretation of the Minerals and Mining Act, particularly Section 138. He argued that a holder of a mineral right could permit another person to undertake mining activities within a concession and that the conduct of such a person should not automatically result in criminal liability for the holder. He also questioned the prosecution’s reliance on the testimony of an alleged accomplice, arguing that the evidence required careful scrutiny and corroboration.
To support the request for bail, the defence said Wontumi’s passport remained with the Economic and Organised Crime Office (EOCO) and that he had complied with his bail conditions during the trial. Counsel maintained that his client would remain in Ghana to pursue the appeal and could still serve his sentence if the challenge failed.
The prosecution, however, urged the court to reject the application. Deputy Attorney-General Dr Justice Srem-Sai argued that Wontumi had not demonstrated exceptional circumstances to justify bail pending appeal. Citing Fynn v The Republic, he cautioned against granting bail where a conviction and sentence remained in force.
Dr Srem-Sai further argued that the grounds of appeal did not demonstrate a realistic prospect of success, insisting that dissatisfaction with a conviction was not sufficient justification for release. He said the circumstances in Fynn v The Republic differed from Wontumi’s case because that matter involved relatively short prison terms and concerns over delays in preparing appeal records.
The Deputy Attorney-General also raised concerns about the possibility of Wontumi absconding, pointing to two other criminal trials he is facing that could expose him to further prison sentences. He additionally referred to video recordings attached to the prosecution’s affidavit, which he said contained an account by Wontumi’s lawyer describing his client as unruly and recounting the circumstances of his arrest.
During the proceedings, the court also sought an update from the defence on preparations for the substantive appeal. Mr Atta Akyea said his team was working with the court registry to compile the record of appeal and was nearly done photocopying the relevant documents. He maintained that Wontumi’s assistance was important to the preparation process.
The court subsequently adjourned the application to November 4 for its ruling.
Background
Wontumi was sentenced to 20 years in prison by the High Court in a case involving illegal mining operations in the Samreboi area of the Western Region. His conviction involved charges relating to the assignment of mineral rights without ministerial approval and the facilitation of unlicensed mining operations.
The pending bail application seeks his temporary release while the Court of Appeal considers his challenge to the conviction and sentence.
Story by Freedom Etsey Lavoe