Circuit Court Judge Samuel Bright Acquah is making a case for courts to take a strong stance against illegal mining.
Ruling on a bail application by lawyers for Galamsey Kingpin Aishà Huang, Justice Acquah said the future of the nation is under threat.
He indicated that the accused will, therefore, remain in police custody as investigations continue.
Ms Huang and three others are accused of engaging in illegal mining and engaging in the sale of minerals without a license. They have pleaded not guilty but remain in police custody.
Lead Counsel Nkrabeah Effah Dartey on Tuesday made a second application for bail.
The court had on September 14 remanded the accused persons to police custody.
Mr Dartey questioned the work done by investigators insisting they have not been fair to the accused persons.
“Where is the evidence? Why should this take more than one month? The element of they being foreigners should weigh on your mind. Ghanaians are all over the world. I am pleading with you, to admit them to court bail. We will satisfy the conditions.” He stated.
He urged the Judge to be bold and grant bail and that no one can question him should he do so.
“His Excellency the President, the Attorney General cannot say anything if you grant them bail. You can perfectly do that. They are keeping the accused persons in total incommunicado. Going to BNI is like attacking a virgin’s home,” he added.
Prosecutors however opposed the request. They insisted the facts presented to the court so far make a compelling case for the refusal of bail.
“Fact is that these persons are charged, investigations show they entered this country illegally. That is enough to draw a conclusion that they have no fixed place of abode let alone gainfully employed.
"We invite you to avert your mind to the fact that in as much as they deserve justice, the laws of the land which have been desecrated also deserve justice. They are remanded as we continue with investigations.”. Prosecutors stated.
Justice Samuel Bright Acquah turned down the request for bail.
“This is an activity that is destroying our water bodies. Look at how it is destroying our forest. We the humans are complaining, the animals in the forest are suffering, it’s very sad. If we should allow this to go on, Ghana Water says they will soon shut down their machines.
"We will have to import water to drink? The courts and everyone must take a strong stance. Aisha Huang especially, how she entered the country. She can’t even tell. If I grant bail, and tomorrow the case is called and she can’t be found. What happens? The motion for bail is refused,” Justice Acquah stated.
The case is back in court on October 12, 2022.
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