Justice Lydia Osei Marfo, presiding judge of an Accra Criminal High Court, was taking aback when Miracle Attachey and Yaw Odom announced themselves as defence counsel for En Huang aka Aisha Huang, a Chinese national entangled in illegal mining controversies in Ghana.
Per the legal practice, when a junior lawyer represents a client in court, he or she announces himself or herself as holding the senior’s brief.
However, in this instance, Captain Nkrabeah Effah Darteh (rtd), who is known as counsel for Alisha Huang since 2017, was not mentioned.
This caused the lawyers for the state, led by the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, to enquire whether Miracle and Yaw were holding the indefatigable Nkrabeah’s brief, particularly when he was in the middle or tail end of cross-examining the third prosecution witness (PW3), Nana Sarfo Prempeh.
Due to the silence on the defence side of the bar at that material time, Her Ladyship Marfo interjected and said: “I think the man has been fired or he is on a break.”
Since no answer was provided, Justice Marfo ordered Mr. Attachey to ensure that he completed the cross- examination of the witness yesterday to enable the court followed the roster developed and adopted by the parties.
Continuation of cross-examination
Nana Sarfo, owner of Volta Resources Limited, told the court that despite securing a 10-day injunction against En Huang to stop mining illegally on his company’s concession, the latter ignored the order.
PW3, who also is an Asante Akyem Ntototoe Divisional Chief, said the company could not follow-up on the case, because within 2017 that the restraining order was procured, the Government of Ghana placed a ban on small scale mining.
He went on to tell the court that even though the government at the time placed an embargo on small scale and artisanal mining, Aisha Huang, together with other foreign nationals, defied the directives of the government.
PW3 added that the court action followed efforts, including reporting the matter to the Regional Security Council (REGSEC), chiefs and traditional leaders of Bekwai, for resolution, all of which to no avail.
As a result, he said the case was reported to the Ghana Immigration Service (GIS) for action, and Aisha Huang, together with her accomplices, was arrested.
Background
The witness told the court in his evidence in-chief that his company’s concession cut through Homachem, Kronko, Nimbreso, Subima, Gyaaman and Bepotenten, all in the Ashanti Region.
However, the illegal activities of the accused at Bepotenten, which falls within his company’s concession, had affected Volta Resources Limited’s operations.
At the last but one adjourned dates, he tendered a series of documents as proof of the concession being assigned to his company.
Charges
Aisha Huang has pleaded not guilty to facilitating the participation of persons engaged in mining operations and illegal employment of foreign nationals.
The case was adjourned to Wednesday, November 23, 2022.
