Court admits video evidence in Wontumi trial as defence questions prosecution’s case

• An Accra High Court has admitted video evidence in the trial involving Bernard Antwi Boasiako and Akonta Mining Company Limited despite objections from prosecutors.

• The defence argues the case is not about illegal mining but whether operational arrangements within Akonta Mining’s legally owned concession amounted to an unlawful transfer of mineral rights.

• Chairman Wontumi’s legal team insists the prosecution must prove an actual illegal assignment of mineral rights beyond reasonable doubt.

An Accra High Court on Thursday admitted a pen drive containing video footage into evidence, overruling objections from the prosecution regarding the authenticity of the material.

Presiding judge Justice Audrey Kocuvie-Tay ruled that concerns over the absence of timestamps and location verification could be addressed during cross-examination rather than used as grounds to reject the footage entirely.

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The video, referenced in a witness statement by Kwabena Okyere Darko-Mensah, reportedly relates to an inspection conducted at Akonta Mining’s Samreboi concession.

The court also admitted Darko-Mensah’s witness statement dated May 25, while rejecting a separate statement from Evans Adai after it was served late during proceedings. The case has been adjourned to June 1, 2026.

As proceedings continue, the defence maintains that the prosecution’s narrative does not accurately reflect the legal issues before the court.

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According to the defence, the matter is not centred on illegal mining or unlawful occupation of land, since the State itself acknowledges that the concession legally belongs to Akonta Mining.

Instead, the defence argues that the case revolves around operational arrangements within an existing concession and whether those arrangements amount to an unlawful assignment of mineral rights under Ghana’s mining laws.

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Lawyers for Chairman Wontumi cited the Minerals and Mining (Support Services) Regulations, 2012 (L.I. 2174), which recognises the role of support service providers and contract mining services within mining operations.

“The prosecution therefore bears the heavy burden of proving that there was an actual unlawful assignment or transfer of mineral rights, and not merely operational participation or support services within Akonta’s legally existing concession,” part of the defence statement said.

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The legal team also questioned the evidentiary basis of the prosecution’s case, insisting that criminal liability must be proven beyond reasonable doubt and not based on “assumptions, public sentiment, or political narratives”.