The Asante Bekwai Circuit Court has refused to try two persons accused of illegal mining popularly known as ‘galemsey’ without their accomplice. William Boateng and Thompson Yomah were arrested and charged together with Li Yanbao, their Chinese counterpart, but he was granted police enquiry bail and has since not been arraigned. When the two were arraigned in December 2022, the Court ordered that the third accused person, who had been granted police enquiry bail be brought before it but that failed. The Court presided over by Mr Mark Tairimah Diboro has, therefore, vowed not to try the two accused persons if the prosecution failed to arraign the Chinese.  “You have been selective because one is white and the other is black,” he said.  “I will adjourn and take action, do not discriminate against Ghanaians and Chinese. If the Chinese had not hired the accused persons to assist, would they be arraigned? In this country of their own origin, you discriminate against them,” the Judge stated. “If you do not bring A3 (the third accused person- Yanbao), I won’t try the accused persons. I will discharge them.” He adjourned the trial to May 10, 2023. Police Inspector Eric Okyere had earlier told the Court that the accused persons were Boateng Williams, 26, excavator operator and Thompson Yomah, 24, excavator operator apprentice. They were arraigned for conspiracy, providing excavator for illegal mining and engaging in illegal mining at Manso Esiana near Manso Antoakroaa. Li Yanbao, 38, a miner, and their accomplice, has been charged with a non-Ghanaian undertaking illegal mining. Briefing the Court, the prosecution said Boateng was a resident of Atwima Bawku, Yomah lived at Manso Esiana while Yanbao was residing in Kumasi. The prosecution said there had been an upsurge in illegal mining activities lately within the jurisdiction at an alarming rate, destroying farmlands, forests, and polluting water bodies. The Bekwai Police, therefore, set up a unit to address the situation. It said on December 28, 2022, at about 0840 hours, the Ashanti South Regional Police Patrol Team left for Esiana upon information that the accused persons were engaged in illegal mining activities without a license, which led to the arrest of Boateng and Yomah and the excavator. The Court heard that the Team proceeded to another mining site at Antoakrom where Yanbao was also arrested. The prosecution said photographs of the scenes and the accused persons were taken for further investigations.
12 Chinese nationals in court over ‘galamsey’
Meanwhile, the Asante Bekwai Circuit Court has granted a GHC300,000 bail with three sureties each to 12 Chinese nationals accused of illegal mining also known as ‘Galemsey’. The Court presided over by Mr Mark Tair-ima Diboro and ordered that one of the three sureties each should be justified with a landed property. All the sureties should be Ghanaians living within the jurisdiction of the Court. The accused persons, the Court ordered, should deposit their passports with the Court’s registry and the Registrar should check with the Immigration Service if they were genuine. Again, the Court asked the Registrar to liaise with the regional Judicial Service to get an interpreter for the accused persons to facilitate a judicious trial. The prosecution did not give the facts of the case to the court and it has been adjourned to May 10, 2023. The information available to the Ghana News Agency indicated that they were arrested over alleged illegal mining activities at Obuasi. They are Hin Ming Ji, Ling Win Hong, Hong Ling Ja, Lu Kang Min, Qin Qinghai, Qin Huang, Wing Hing, Lu Tia Hu, Chang Hong Te, Chin Yang Hong, Win Shin Weng and Huan Bong Tao. Mr Bright Gyamfi, defence counsel for the first two accused persons, in praying for bail, said though Chinese, they had fixed places of abode in Kumasi, running their businesses with recognised locations and that they would not interfere with investigations, appear to stand for trial and had people of substance to stand as sureties. He said though they were foreigners, they were entitled to the fundamental human rights of the country adding that his clients were not even arrested where the said crime was said to have been committed. Mr Kofi Boye Ateng, the lawyer for the rest of the accused persons, also said his clients had fixed places of abode and workplaces, and that they were victims of circumstances as they were found easy targets. He said they had people of substance to stand as sureties, would not hamper investigations and would appear to stand for trial. Mr Boye said the accused persons were innocent until proven guilty and pleaded with the Court to exercise the bail discretionary and favourable to them. The Court in granting bail considered the lawyers’ submission in addition to the fact that the prosecution did not also oppose the bail.