By Joyce Danso, GNA
Accra, March 16, GNA – An Accra High Court has ordered Mr Bernard Antwi Boasiako, also known as Chairman Wontumi, to open his defence in a case concerning alleged illegal mining at Samreboi.
The court, presided over by Justice Audrey Kocuvie-Tay, gave Mr Boasiako three options to open his defence: to remain silent, testify personally, or file a written statement.
The court granted him seven days to choose an option and ordered him to reappear on March 26, 2026.
The ruling followed a submission of no case to answer filed by Mr Boasiako after the prosecution closed its case, having called four witnesses.
Delivering the ruling, the court held that Mr Boasiako and another accused person, Mr Kwame Antwi, who is currently at large, should open their defence based on the prosecution’s evidence.
“From the evidence adduced by the prosecution there is a rebuttable presumption that the first and the third accused persons committed the offence,” the court said.
Mr Andy Appiah Kubi, counsel for Mr Boasiako, told the court that the defence intended to apply for the full ruling.
He said this would enable his client to study the decision and determine the next line of action, including the possibility of filing an appeal.
“We therefore pray for adjournment so we could have discussions with our client.”
Mr Boasiako is standing trial for allegedly undertaking mining operations on a concession at Samreboi in the Western Region without the consent of the sector minister.
The defence had argued that the prosecution failed to establish a case against the accused after presenting and cross-examining four witnesses.
Counsel contended that the prosecution had failed to establish the essential ingredients of the charges preferred against the accused persons.
Mr Boasiako, together with his company, Akonta Mining, and Mr Antwi, is alleged to have permitted two persons to undertake mining on a concession without authority and to have facilitated the mining activities.
In response to the submission of no case to answer, the prosecution urged the court to dismiss the application, arguing that it had established a prima facie case against the accused persons.
According to the State, evidence on record showed that Mr Boasiako admitted in both his investigation caution and charge statements that he allowed the second prosecution witness access to the concession.
The State further argued that evidence showed that Mr Boasiako did not merely allow statutory breaches to occur.
“He financially aligned himself with the unlawful operations, granted operational access, provided logistical support, without the required approvals.”
The prosecution said it had presented credible and admissible evidence on every essential element of the charges.
“Documentary evidence establishes the mineral right and absence of statutory approval. Witness testimony established active mining, machinery deployment and extraction of gold. Admissions confirm permission and facilitation.
“We therefore pray that the submission to answer ought to be dismissed in its entirety and the accused persons called upon to open their defence,” the State argued.
GNA
Edited by Kenneth Sackey