Private legal practitioner Andy Appiah-Kubi has revealed that the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Wontumi, had prior knowledge that he would be convicted before appearing in court on the day judgment was delivered in the Samreboi illegal mining case.
Speaking on Accra-based TV3, Mr Appiah-Kubi, who was formerly Wontumi’s lawyer, said he had even shared details of the expected judgment with him before the court’s decision was announced.
“Chairman Wontumi had prior information that he would be convicted. He told me the content of the judgement. He told me that he will be jailed for twenty years,” he stated.
The lawyer, however, disagreed with the 20-year prison sentence, arguing that the court erred in law by treating Chairman Wontumi and Akonta Mining as one and the same.
According to him, the evidence presented during the trial did not justify the court’s conclusion.
“The evidence on the ground does not support the judgment. Per the company law, the company is different from the owner or shareholder,” he said.
Mr Appiah-Kubi indicated that the issue would form a key part of the appeal against the conviction.
“This will form the basis of our appeal,” he added.
He further disclosed that because Chairman Wontumi anticipated the outcome of the case, he had instructed him earlier that day to file an appeal should the court convict him.
Chairman Wontumi was sentenced by the Accra High Court on July 20 to 20 years’ imprisonment with hard labour after being convicted on illegal mining-related offences.
In her 59-page judgment, Justice Audrey Kocuvie-Tay said the sentence was intended to serve as a deterrent and underscore the seriousness of environmental crimes.
“The Court takes notice of the gravity of the offences, and the need for deterrence to avert the environmental disaster that might befall the nation the more law enforcement stays aloof and allows illegal mining activities to persist in the country,” she wrote.
The judge also noted that the offences undermined Ghana’s mining regulatory framework and contributed to environmental destruction.
“The offences in this case relate to illegal exploitation of mineral resources, which are the property of the state.
“The conduct of the 1st and 3rd accused persons undermines the regulatory framework for the mining sector and contributes to environmental degradation associated with illegal mining.”
Justice Kocuvie-Tay explained that although the offences were serious, she took into account Chairman Wontumi’s status as a first-time offender when determining the sentence.
“Taking into account the fact that the 1st and 3rd accused persons are 1st-time offenders and generally their plea in mitigation, the court sentences the accused persons as follows: On count 1, the 1st accused is sentenced to serve a term of 20 years imprisonment in hard labour, and also to a fine of 10,000 penalty units; in default serve 3 years in hard labour.”
She added that the court imposed the same sentence on count four, while Akonta Mining, the third accused, was fined 15,000 penalty units on counts three and six, with the custodial sentences to run concurrently.
