2 Chinese, Ghanaian ‘galamseyers’ attempt plea bargain
A Ghanaian and a Chinese couple standing trial for undertaking illegal mining (galamsey) in the Ashanti Region, have renewed their attempt at a plea bargain with the Office of the Attorney General.
Nana Kwame Opoku, a Ghanaian; Li Wei Guo and Shi Mei Zhi, a Chinese couple have all been charged with conspiracy to undertake mining operations without licence contrary to section 23(1) of the Criminal Offences Act, 1960, Act 29 and section 99(2)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by Act 995 of 2019.
The trial came to a conclusion on November 17, 2024, after the Ghanaian closed his defence having undergone cross-examination by the prosecution.
The court had ordered counsel in the matter to file their closing addresses and adjourned the case to yesterday to fix a date for judgment.
But the court yesterday heard that neither the prosecution nor the defence lawyers were able to file their addresses.
Instead, the court was told that the parties were still locked in a plea bargain with neither willing to accept the terms proposed by the other.
The accused persons made a plea proposal last year, which was considered not tenable by the Office of the Attorney General which later made a counter proposal.
The accused persons also had their reservations about the counter proposal, leading to the back-and-forth between the accused and the prosecution.
The court heard that counsel for Nana Kwame Opoku has made another proposal which the prosecution was yet to receive.
Justice Lydia Osei Marfo, a Justice of the Court of Appeal sitting as an additional High Court Judge, adjourned the case to December 19, 2024, with the condition that counsel file their written addresses if they are unable to reach an agreement by that date.
Trial
The couple have been charged with undertaking a mining operation without a licence, contrary to section 99(2)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by Act 995 of 2019.
Again, they have been charged with false representation in fulfilment of an obligation to obtain a residence permit contrary to section 52(1)(e) of the Immigration Act, 2000, Act 573.
Their Ghanaian counterpart, on the other hand, has been separately charged with facilitating the participation of non-Ghanaians in an illegal mining operation contrary to section 99(5)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Act 995 of 2019.
He is further charged with false representation in fulfilling an obligation to obtain a work permit contrary to section 52(1)(e) of the Immigration Act, 2000, Act 573.
They all pleaded not guilty to the charges, and while the Chinese couple were remanded into prison custody, Nana Kwame Opoku was granted bail by the court presided over by Justice Lydia Osei Marfo, a Justice of the Court of Appeal sitting as an additional High Court Judge.