The Attorney-General has opposed an application by Bernard Antwi Boasiako, popularly known as Wontumi, for bail pending appeal, arguing that Wontumi, who is currently serving a 20-year jails sentence poses a significant flight risk.
Boasiako, the New Patriotic Party (NPP) Ashanti Regional Chairman is currently serving a 20-year prison sentence after he was convicted on two counts of assigning mineral rights without ministerial approval and purposely facilitating an unlicensed mining operation on the Samreboi concession in the Western Region.
The sentences are running concurrently.
In an affidavit in opposition to the application filed at the High Court in Accra, a State Attorney, Priscilla Lartey, said the grounds of appeal filed by Mr Boasiako disclosed no reasonable chance of success.
The affidavit, sworn to on behalf of the Attorney-General, prayed the court to dismiss the application for bail pending appeal.
Flight risk
According to the prosecution, contrary to the claims made by Mr Boasiako in his application, he constituted a significant flight risk.
It said the risk was further supported by comments made by his previous counsel during a television interview, in which the lawyer reportedly stated that, but for the management of Mr Boasiako’s character, he had been determined to resist arrest or breach his bail conditions.
The prosecution attached a video recording of the interview as an exhibit to the affidavit.
It further argued that the risk of flight was heightened by the fact that Mr Boasiako was standing trial in other matters and, if convicted, could face imprisonment for a considerable number of years.
The Attorney-General also disputed the claim that Mr Boasiako’s physical presence was necessary for his lawyers to prepare written addresses in support of his appeal.
It said the trial had effectively been concluded and that his physical presence was, therefore, not necessary for counsel’s preparation of the appeal.
The prosecution further said the applicant had, as disclosed in his own affidavit, had “several brushes with the law”.
Rejected claim
The State also rejected the claim that the application disclosed special or exceptional circumstances to warrant the granting of bail pending appeal.
It said the application did not meet the circumstances required for the court to exercise its discretion in favour of Mr Boasiako.
The Attorney-General, therefore, urged the High Court to summarily dismiss the application.
