Accra, Dec. 6, – An Accra High
Court has dismissed a motion for variation of the bail conditions filed by
Aisha Huang and four other Chinese, who have been accused of engaging in
illegal mining in the Ashanti Region.
The court presided over by Mr
Justice Iddrisu Abdullai noted that there was no compelling evidence before the
court to warrant the grant for the variation of the bail conditions.
According to the court bail
conditions could be varied if compelling reasons were given by the applicants
by providing weighty evidence that the bail condition posed a challenge to
them.
“In the instant application the
applicants were not able to demonstrate to the court that the bail condition
had brought untold hardship or consequence on them.
They did not present any receipt
form from a hotel, Transport Company or any receipt indicating that they bought
fuel for their vehicles,” the court noted.
Additionally the court observed
that the applicants did not present any medical form to show that travelling
from Kumasi to Accra has brought some stress on them.
The court further stated that the
applicants have sureties who were also capable of ensuring that they appear in
court noting that their sureties were in Accra.
It explained that conditions
given by the court was to ensure that the applicants come to court considering
the seriousness of the offence levelled against them.
Aisha and the other applicants
had gone to court praying for variation of their conditions since it poses
challenges on them.
Aisha Huang and her four
accomplices namely: Gao Jin Cheng, 45; Lu Qi Jun 39; Habin Gao, 26; and Zhang
Pen, 23; contend that reporting to the Police and the Ghana Immigration Service
twice a week in Accra was a challenge.
Ms Huang was granted bail in the
sum of GH₵500,000.00 with two
sureties each to be justified by the court presided over by Mr Justice Ekow
Baiden.
The four others namely Gao Jin
Cheng, 45; Lu Qi Jun 39; Habin Gao, 26; and Zhang Pen, 23; were also admitted
to bail in the sum of GH₵500,000.00
with one surety each. Each surety is to be justified.
Aisha, aka Aisha, or Yaa
Asantewaa, has additionally been accused of providing mine support services
without valid registration with the Minerals Commission.
As part of the bail conditions,
they were to report to the Police and the Ghana Immigration Service (GIS) in
Accra twice every week.
Aisha and her accomplices have
been accused of undertaking their activities at Bepotenten in the Amansie
Central District in the Ashanti Region.
Aisha is also accused of
providing excavators to small scale mining companies around February 2015 to
May 2017 without a valid license from the Minerals Commission; and also
providing illegal employment to foreign nationals.
The accused were rounded up by
the GIS in the Ashanti Region and they were, consequently, transferred to Accra
by the GIS for further investigations.
On May 9, this year, Aisha and
her supposed accomplices were put before the High Court and on November 17 this
year; defence counsel filed a motion for the bail variation.
Moving the motion for variation
on November 27, this year Mr Bernard Owiredu Donkor who represented Aisha and
the other applicants told the court that his client visit to Accra twice a week
has brought untold hardship on them since they would have to have travel to
Accra and rent hotels before presenting themselves to the Police and GIS.
According to Mr Donkor the hotel
bills of his clients were eating them up and they did not know when the matter
was going to end.
He said the financial stress was
also affecting “the lawyer’s fees.”
Mr Donkor prayed the court to
allow them report to the Police and GIS Regional Command in Kumasi adding that
fair trial meant that parties are not overburdened with situations.
Counsel expressed his surprise at
State’s decision to oppose the motion, adding that the alleged offences took
place at Kumasi and the application was not a waste of the court’s time.
Opposing the application, Mr
Watskin Adama, a state Attorney said there was nothing pending in Kumasi for
which the applicant should be made to be reporting there.
According to Mr Adama, the trial
was being conducted in Accra and investigations into the matter were also being
carried out by the Police and Ghana Immigration Service (GIS).
“The case has everything to do
with Accra,” he told the court presided over by Mr Justice Abdullai Iddrisu.
Mr Adama said the applicants have
also not indicated that they had spent so much on transportation, bills among
others.
“These are mere averments made by
the applicants without any proof’
The State Attorney therefore
prayed the court to exercise its discretion in the state’s favour.
Mr Adama however told the court
that if was minded to vary the bail, it should only vary the reporting time and
not the venue.
GNA
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