The trial of En Huang, aka Ashia Huang, has finally come to an end, with the Accra High Court sentencing her to four years six months imprisonment, as well as a fine of 4000 penalty units (GH¢48,000). The trial court also ordered that the convict should be deported after serving her sentence.
The presiding judge, Justice Lydia Osei-Marfo, yesterday found En Huang guilty on all charges levelled against her – undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, illegal employment of foreigners and entering Ghana after been prohibited from re-entry.
En Huang was sentenced on her own plea of guilt by the court, and also that the prosecution, led by the Director of Public Prosecution (DPP), Yvonne Attakora Obuobia, proved the case beyond reasonable doubt.
Before passing sentence, Miracle Attachey, Counsel for Ashia Huang, prayed the court for mitigation. He pleaded for non-custodial sentence, drawing Her Ladyship’s mind to the congestion in the prisons.
Again, the Counsel averted the court’s mind to the fact that Ashia had spent over a year in lawful custody and, therefore, prayed for a fine and deportation of the Convict.
Mrs Osei-Marfo was further urged to consider that the Convict did not waste the time of the court and prosecution.
In rebuttal, the Prosecution also urged the court to consider the penalty for the offenses committed by the Convict, which falls under Act 900, and that the case went through the full length of trial, with valuable resources of the state been expended.
Even though the offences committed by the Convict could be punishable by a fine or a term of imprisonment or both, the court was again urged to consider the environmental devastation occasioned by the activities of the Convict.
Mrs Obuobisa told the court that the impact of the Convict’s activities on the environment hasdestroyed and affected communities, as well as the livelihoods of the people.
She added: “We also we wish to state that under Section 99(4) of Act 995,…where a non Ghanaian is convicted, and if that person is sentenced to a term of imprisonment, that person ought to serve a full sentence before deportation.
Based on these provisions provided for, under the Constitution, the DPP prayed the court to give En Huang the maximum sentence provided under Act 900.
“We ask that she should be given the maximum sentence and a maximum fine and a deportation order, after she has finished serving her sentence,” she reiterated.
