How are the prosecutors going to prove that Aisha Huang is engaged in illegal small scale mining (galamsey) when she was not arrested on a galamsey site?
This is a rhetorical question asked by North Dayi lawmaker Rockson Nelson Dafeamekpor on the Sunrise show on 3FM Thursday September 15.
In his view, Lawyer for Aisha Huang and the Chinese Nationals, Mr Nkrabeah Effah Dartey, who has also described this case as a small matter that has been overhyped by the media, has an easy task handling this case.
“How are they going to prove that she is engaged in galamsey when she wasn’t arrested on site? Lawyer of Aisha Huang and the Chinese Nationals, Effah Dartey has an easy task,” he said.
“She wasn’t arrested while mining but rather in her home so if I was a defense in this issue, I can get out easily. This matter is dead on arrival that’s why Effah Dartey says this is small.
He added “Why is this matter prosecuted at the High Court? And a State Attorney must handle this issue. They would have been diligent and professional to handle this. ”
It is recalled that Member of Parliament for Asante-Akim North, Andy Appiah-Kubi, earlier warned that in order to secure conviction in the case against Aisha Huang, the prosecution must gather watertight evidence.
Mr Appiah-Kubi said the judge should not be blamed if the prosecution fails to do the job properly in providing incontrovertible evidence in court.
Speaking on the Key Points on TV3 Saturday September 10, he explained that a lot of stakeholders have a role to play in the line of criminal prosecutions.
“There is the investigator, there is the prosecutor and the Judge comes in. The judge can only work based on the evidence that is provided by the prosecution,” he said while calling on the prosecutions to do their work properly.
Meanwhile, the Accra Circuit Court has remanded into police custody Aisha Huang and three others standing trial for unlawfully engaging in small-scale mining without license.
The four accused appeared before the Court on Wednesday, September 14 and pleaded not guilty to the two charges of mining without a licence and engaging in the sale and purchase of minerals without a valid licence.
Defence lawyer Effah Darteh argued that all Ghanaians subject to the laws for which his clients are standing trial are innocent until proven guilty.
Therefore, he prayed the court, presided over by Justice Samuel Bright Appiah, to grant all the four accused bail.
He said it is the media that have blown the case beyond proportion and that his clients are ready with surety for bail.
But prosecution said the public interest in the case demands that the accused are remanded for thorough investigations to continue.
It said the accused, especially Aisha Huang, has a history of deceiving persons and leaving the country.
In considering both arguments, Justice Bright Appiah denied the accused bail and remanded them into police custody.
They are to reappear on Tuesday, September 27.