High Court to rule on Wontumi’s bail pending appeal on November 4

The Court of Appeal will on November 4 deliver its ruling on an application by the New Patriotic Party’s Ashanti Regional Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, seeking bail pending an appeal against his 20-year prison sentence in an illegal mining case.

Defence lawyers led by Samuel Atta Akyea, on Thursday urged the court to grant his client temporary freedom to enable him to assist in preparing and prosecuting the appeal, arguing that the grounds filed against his conviction have significant prospects of success.

Atta Akyea also cited the need for Wontumi to have access to his lawyers during the preparation and conduct of the appeal, as well as another criminal case he is facing.

He argued that the 19 grounds of appeal filed by his client were substantial and not merely intended to express dissatisfaction with the trial court’s decision.

On the merits of the appeal, Atta Akyea contended that the trial judge had failed to interpret the Minerals and Mining Act as a whole, particularly the combined effect of Section 138.

He argued that a holder of a mineral right could permit another person to undertake mining activities within the concession and that the conduct of such a person should not automatically attract criminal liability for the holder of the mineral right.

The lawyer further challenged the prosecution’s reliance on the testimony of an alleged accomplice, arguing that the evidence required careful scrutiny and corroboration.

Addressing concerns about the applicant’s risk of absconding, Atta Akyea told the court that the former Ashanti regional chairman's passport remained in the custody of the Economic and Organised Crime Office (EOCO).

He also argued that his client had complied with the conditions of bail during the trial and would remain in Ghana to pursue the appeal.

The lead Counsel maintained that granting bail would not prevent the applicant from serving his sentence if the appeal ultimately failed.

Deputy Attorney-General Dr Justice Srem-Sai leading the prosecution opposed the bail application, arguing that Wontumi had failed to demonstrate any exceptional circumstances to justify his release.

Citing the case of Fynn v The Republic, Dr Srem-Sai reminded the court that applications for bail pending appeal must not be treated lightly, particularly where a valid conviction and sentence remain in force.

He argued that the grounds of appeal presented by Wontumi were not sufficiently substantial to establish a realistic prospect of success, adding that mere dissatisfaction with a conviction could not justify bail.

The Deputy Attorney-General distinguished the applicant’s case from Fynn v The Republic, in which bail was granted partly because of the relatively short prison sentences involved and concerns about delays in preparing appeal records.

He said those considerations did not apply to Wontumi’s case, which involved a 20-year prison sentence and a trial that had been concluded within months.

Dr Srem-Sai also argued that the applicant posed a flight risk because he was facing two other criminal trials, which could expose him to additional prison sentences.

He said the prospect of serving further custodial sentences could provide an incentive for Wontumi to abscond rather than remain in Ghana to pursue his appeal.

The Deputy Attorney-General further relied on video recordings exhibited in the prosecution’s affidavit, which he said captured Mr Boasiako’s lawyer describing his client as unruly and recounting the circumstances surrounding his arrest.

He argued that the account raised concerns about the applicant’s conduct and strengthened the prosecution’s opposition to his release.

Dr Srem-Sai consequently urged the court to dismiss the application, insisting that no exceptional circumstances had been established to warrant bail pending appeal.

Before making the final submissions, the court asked Samuel Akyea about the progress made in preparing the appeal following the filing of the notice of appeal.

He explained that his team was working with the court registry to compile the record of appeal and was almost done photocopying the relevant documents.

He said the defence was eager to have the appeal heard but required Wontumi's assistance in the preparation process.

After hearing arguments from both sides, the court adjourned the matter to November 4 for its ruling.

Background

Chairman Wontumi was sentenced to 20 years in prison by the High Court in connection with an illegal mining case involving operations in the Samreboi area of the Western Region.

He was convicted on charges of assigning mineral rights without ministerial approval and Purposely facilitating an unlicensed mining operation at Samreboi in the Western Region.