Private legal practitioner and historian, Dr Yaw Anokye Frimpong, has expressed his agreement with the High Court ruling on the illegal mining case involving Bernard Antwi Boasiako, popularly known as Chairman Wontumi and Akonta Mining Ltd.
Speaking this morning on Orange Sunrise, Lawyer Nana Yaw Anokye explained that the High Court’s ruling was not out of the norm and described the sentence as a fair one considering Chairman Wontumi’s status and his ability to procure machines for mining activities.
“I have been in court on several occasions, hearing and seeing smaller people in our society being sentenced with a minimum of 15years. Almost all the time when you go to the courts in the western region, especially Tarkwa and Sekondi High Court, you come accross many of such cases”.
He added that once a person pleaded guilty and was sentenced to a minimum of 15years, a successful appeal became almost impossible. He argued that in the case of Chairman Wontumi, the court was likely to give a higher sentence beyond the ordinary.
According to him, Wontumi made the prosecution easier by not delaying the trial and judgment. Lawyer Nana Yaw Frimpong said the judge considered this and delivered a fair ruling.
” When it comes to the turn of a big fish, such as Mr Wontumi, when I say a big fish, I mean someone who has the means to procure his own machinery and enter no-go areas, definitely the court will give you something beyond the minimum”, he said
The lawyer further explained that the 20yrs sentence was out of consideration for the nondelayance of the trial
“He got lucky that he did not make the case of the prosecution too complex or difficult, because in criminal cases and considering his financial background, he could have delayed the case for three or even for years. But he made things so easy for the prosecution, and the judge took all this into consideration and brought him to the middle between the minimum and maximum”, he said
He added that blaming Chairman Wontumi’s Legal representatives for the outcome of the trial was an insult to the credibility of the legal team, explaining that due process was followed in the trial.
“They were highly competent, and at a certain level, when they discovered that there was no way they could fight much, they found a way of ensuring that the going should not be tough for the Attorney General, as a way of using that to pray for clemency for him. Because any time you go to court and you are able to prove that you are a first-time offender and you did not waste the time of the prosecution, it helps the judge to exercise some leniency on you”, he stated.
Lawyer Nana Yaw Anokye said that Chairman Wontumi was entitled to seek an appeal and urged calmness in the next three months as the legal representatives seek to file an appeal of the sentence.
