By Joyce Danso
Accra, Dec. 04, GNA – En Huang aka Aisha Huang, a galamsey kingpin, has been sentenced to four years six months imprisonment by an Accra High Court.
In addition, the court presided over by Justice Lydia Osei Marfo, also ordered Aisha to pay a total fine of GHC 48,000.
She is to be deported after serving her full sentence.
The court handed down sentences and fines after it had found Aisha Huang guilty on three charges.
She was charged with undertaking illegal mining without a license, facilitating the participation of persons to engage in mining operations and illegal employment of foreign nationals.
She had earlier pleaded guilty before the court on the charge of entering Ghana while prohibited.
In all, the state preferred four charges against her.
Aisha was sentenced under the old law on illegal mining (Act 900) which has the maximum sentence of five years.
Under new dispensation (Act 995) the maximum sentence is 20 years imprisonment.
The accused person has been in custody since September 2022.
Handing down the sentence on Aisha, the court noted that the Prosecution after calling over eight witnesses had established the guilt of the accused person beyond reasonable doubt.
“There was incontrovertible evidence that the accused person was involved in illegal mining at Bepotenten in the Ashanti Region.
The accused person is a double standard woman with double identity. The weight of evidence of the accused person, her defence and exhibits and oral testimonies of witnesses established a case against the accused person.”
According to the court, cogent evidence led by the Prosecution suggested that the accused person engaged farmers on their farmlands, adding that some of the farmers did not get full payment from the accused person after she had cleared their farmlands.
The trial judge said she wished she had the right to impose punishment on the accused person in relation to the current law.
“I say so because society has seen the impact of illegal mining on livelihood. The account of farmers and people, publications and video evidence showed that the accused person carried out the act with impunity and she did not compensate farmers adequately and people had to depend on sachet water.”
The trial judge noted that the accused person abused the Ghanaian hospitality extended to her adding although she was sent back to her home country, she came back with a new name, new identity, new date of birth and personality and the effects of her activities was of public concern.
Additionally, the court noted that the accused person could have carried out her activities without the involvement of Ghanaians or residents within the community.
In the court’s opinion, the law should go after landowners, chiefs and farmers who offer their land for such activities.
In a plea for mitigation, counsel for Aisha, Mr Miracle Atachy, prayed the court to consider the number of days the accused person had spent in custody.
Mr Atachy said: “It is our humble prayer that considering the fact that the accused person had spent over a year and two months in custody, we pray for a fine and the deportation of the accused person out of the country.”
The prosecution led by Mrs Yvonne Atakorah Obuobisa, Director for Public Prosecution (DPP) noted that the accused person had gone through a full trial and valuable state resources had been spent.
“Taking into consideration the devastation occasioned by the activities of the accused person on water bodies, adding people till date are drinking sachet water because the accused person had polluted the communities’ source of water.
She destroyed the livelihood of an entire community. Even the paths leading to their farms were destroyed.”
According to the prosecution, taking into consideration the impact of the action on families of witnesses who testified in court, ” we pray the court to impose imprisonment and a fine.”
The DPP said the accused should be sentenced to the maximum sentence and the fine provided under the law, adding she should be deported after serving her sentence.
The prosecution case was that the complainants were security and intelligence officers.
It said Aisha had gained “notoriety.” for engaging in a series of small-scale mining activities across the country.
Prosecution said in the year 2017, Aisha was arrested for a similar offence, but she managed to sneak out of the country, everting prosecution and had allegedly commenced small scale mining activities without license after she re-entered the country.
GNA