The legal team for Bernard Antwi Boasiako, Ashanti Regional Chairman of the New Patriotic Party, also known as Chairman Wontumi, who is facing several charges related to illegal mining, is pushing for state prosecutors to release key documents after the state failed to provide the necessary information for the trial to proceed.
The Accra High Court has adjourned the case to 8 December.
The prosecution, which appeared before the court for case management, did so without submitting details of two additional witnesses it recently introduced, according to JoyNews correspondent, Fatawu Bayaga. The defence says it cannot proceed without examining the new statements and related materials.
The case, which was adjourned to November 27 after the state introduced two additional witnesses in the trial, centres on allegations that Wontumi permitted illegal mining activities on his Samreboi concession and assigned mineral rights without approval.
Speaking to journalists after the hearing, Wontumi’s lawyer, Andy Kwame Appiah-Kubi, said the defence would file a motion on Monday to ask the court to order the prosecution to release the outstanding documents.
He explained that the state had earlier indicated it would file further documents but was yet to do so.
“At the last adjourned date, there was indication that prosecution wanted to file further documents, so we inquired whether such documents have been filed. Unfortunately, we have not been served with such documents,” he said.
“Prosecution indicated that it does not intend to file any further documents and therefore they were ready for case management,” he stated.
Mr Appiah-Kubi said the defence still expects the state to release documents believed to be in its possession. “It is also our expectation that they would have filed some documents that we will rely on, which documents have not been filed but which we believe are within the possession of the prosecution,” he said.
He explained that the defence will now seek an order to compel the state to disclose the required information. “We pray the court that we will come in with a motion praying the court for an order directed at the prosecution to serve us the documents that we need. And when they serve us those documents, we will rely on them.”
He added that if the prosecution fails to provide the materials, the defence will assume they do not exist. “When they are not able to serve us those documents, there will be a presumption of the non-existence of those documents and therefore nobody can quote or rely on such documents.”
“So we have been given up to Monday to file our motion, and the return date for the motion is December 8. We’ll come and move the motion for the orders of the court directed at prosecution, and when we are so served, then we will include the same as part of our documents to rely on,” he added.
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