Audio By Carbonatix
The Court of Appeal has dismissed a renewed application by Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, seeking to halt his ongoing criminal trial in the alleged Samreboi illegal mining case.
The decision effectively brings to an end the New Patriotic Party (NPP) Ashanti Regional Chairman’s attempt to secure a stay of proceedings in the matter.
The ruling comes on the back of a recent development at the Criminal Division of the High Court in Accra, where the presiding judge, Justice Audrey Kocouvi-Tey, gave the ruling, following Wontumi’s failure to meet an April 14 deadline.
Speaking to the media after proceedings on Tuesday, April 21, the lawyer for Mr Antwi-Boasiako, Andy Appiah-Kubi, confirmed the outcome of the application and outlined the legal team’s next steps.
He explained that they had applied for a stay as a repeat of an earlier application, but the court did not agree with them. According to him, the court refused the application for stay, which in effect means the defence now has two options—either to repeat the application or go back to the trial court to prepare witness statements, continue with the case, and see its outcome.
He added that in summary, the ruling brings their application at the Court of Appeal for a stay to an end.
Mr Appiah-Kubi noted that the legal team will return to chambers to consider the available options and determine the next course of action.
He explained that they are open to two options: either to proceed to the Supreme Court or return to the High Court to continue with the proceedings.
He further stated that if they decide to go to the Supreme Court, they will pursue the matter there, but if they opt to return to the High Court, they will continue with the trial.
Mr Appiah Kubi added that the options remain open and that they will consult with their client before deciding on the next line of action.
The case, which centres on allegations of illegal mining activities in Samreboi in the Western Region, is expected to continue at the High Court should the defence team decide against further appeal.
The entrepreneur is facing trial over allegations of permitting mining activities on his Akonta Mining concession in Samreboi without authorisation.
At the close of the prosecution’s case, the court directed Chairman Wontumi to open his defence, outlining his legal options, including testifying in person, calling witnesses, or making an unsworn statement.
He was initially instructed to file his witness statements by March 16.
Instead, Wontumi filed an appeal at the Court of Appeal against the dismissal of his submission of no case, and subsequently applied to the trial court to halt proceedings pending the outcome of the appeal.
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