News Desk
Samuel Atta Akyea, lead counsel for incarcerated Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi on Tuesday filed a Notice of Appeal at the Court of Appeal, challenging the conviction and sentencing of Wontumi.
The appellants are asking the Court of Appeal to overturn the judgment delivered by the High Court in the illegal mining case involving him and Akonta Mining Company Limited.
The Notice of Appeal, filed on Tuesday by his lead counsel, Samuel Atta Akyea, challenges both the conviction and the sentence imposed by the High Court, describing the decision as legally flawed and unsupported by the evidence presented during the trial.
The appeal, filed at the Court of Appeal’s Criminal Division in Accra, lists more than 20 grounds upon which the appellants seek to have the judgment set aside.
The lead counsel raised over 20 grounds of appeal, with principal grounds including; The learned Counsel argues that, the conviction is unreasonable and unsupported by the evidence on record, and that the trial court misconstrued key provisions of the law relating to mineral rights and mining operations.
Counsel further contends that, trial court usurped the jurisdiction of the Supreme Court in determining the constitutionality of certain statutory provisions, Counsel challenges the reliance placed on the testimony of PW2, whom the defence characterises as a self-confessed illegal miner and participant in the alleged enterprise and the appeal argues that the circumstantial evidence did not irresistibly point to guilt and that reasonable alternative explanations existed.
The rest are Counsel contends that there was no evidence establishing the requisite mens rea (criminal intent) for the offences, and that the learned counsel argues that, the lifting of the corporate veil to convict the 3rd Appellant is legally unsustainable and that exculpatory evidence was disregarded or insufficiently considered and Counsel further argues that the sentences imposed are challenged as inordinately harsh and excessive.
Chairman Wontumi and Akonta Mining Company Limited were convicted by the High Court after a criminal trial arising from allegations of illegal mining activities and related offences under Ghana’s mining laws.
The prosecution accused the accused persons of engaging in unlawful mining operations and violating provisions of the Minerals and Mining Act, 2006 (Act 703).
Following the trial, the High Court found Chairman Wontumi and Akonta Mining Company Limited guilty and imposed custodial and other sanctions, prompting the decision to appeal. Enditem
Source: Ghana Eye Report
