The Attorney-General has opposed an application for bail pending appeal filed by New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Wontumi, arguing that the convicted businessman poses a significant flight risk.
Mr Boasiako is currently serving a 20-year prison sentence after he was convicted on two counts relating to the assignment of mineral rights without ministerial approval and the deliberate facilitation of an unlicensed mining operation on the Samreboi concession in the Western Region. The sentences are being served concurrently.
In an affidavit in opposition filed at the High Court in Accra, State Attorney Priscilla Lartey, acting on behalf of the Attorney-General, urged the court to dismiss Mr Boasiako’s application for bail pending the determination of his appeal. The prosecution argued that the grounds of appeal filed by Mr Boasiako did not disclose any reasonable prospects of success.
According to the State, contrary to claims contained in his bail application, Mr Boasiako constituted a significant flight risk and should therefore not be granted bail while his appeal is pending. The prosecution said the alleged risk was further supported by comments attributed to Mr Boasiako’s former counsel during a television interview.
According to the Attorney-General, the lawyer indicated that, but for efforts to manage Mr Boasiako’s character, he had been determined to resist arrest or breach the conditions of his bail. The prosecution attached a video recording of the television interview as an exhibit to the affidavit in support of its position.
The State further argued that the risk of flight was heightened by the fact that Mr Boasiako was facing trial in other cases and could, if convicted, be sentenced to additional lengthy terms of imprisonment. The Attorney-General also challenged Mr Boasiako’s argument that his physical presence was necessary to enable his lawyers to prepare written addresses in support of his appeal.
The prosecution maintained that the trial had effectively been concluded and that there was therefore no need for Mr Boasiako to be physically present for his lawyers to prepare the necessary documents for the appeal. The State further pointed to information contained in Mr Boasiako’s own affidavit, arguing that he had had “several brushes with the law”.
The Attorney-General also rejected the applicant’s claim that there were special or exceptional circumstances that justified granting him bail pending appeal. According to the prosecution, the application failed to demonstrate circumstances that would warrant the High Court exercising its discretion in Mr Boasiako’s favour.
The State therefore urged the court to summarily dismiss the bail application and keep Mr Boasiako in custody pending the determination of his appeal. Mr Boasiako’s bail application comes after his conviction and sentencing to 20 years in prison over offences connected to the assignment of mineral rights and illegal mining activities at the Samreboi concession in the Western Region.
The High Court is expected to consider the arguments from both sides before determining whether the circumstances presented by the applicant justify his release pending the outcome of his appeal.
Philbert Amiba Ayuusah