The High Court has dismissed an application filed by lawyers for Ashanti Regional Chairman of the New Patriotic Party, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, seeking further disclosures from state prosecutors in the ongoing case, in which he is accused of unlawfully permitting mining on his Samreboi concession.

Counsel for the first accused, Andy Appiah Kubi, argued that the prosecution witness relied on a purported deed or agreement allegedly signed by Wontumi and another accused person, and therefore the defence needed copies of these documents to properly prepare for trial.

However, the Deputy Attorney General, Dr Justice Srem-Sai, strongly opposed the application, describing it as legally misconceived.

The prosecution argued that under the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, further disclosures must be justified as exculpatory, a requirement the defence had failed to meet.

The Deputy Attorney General added that the prosecution does not possess any such deed or written agreement, nor does the charge under Section 14 of the Minerals and Mining Act require the existence of such a document.

In fact, the prosecution maintained that the absence of a proper deed is itself an element of the offence, which concerns permitting mining without lawful authority.

After considering the motion and the affidavit in support, the Court held that the defence had not demonstrated any legal basis or justification for the documents requested.

The Court further noted that the prosecution had stated unequivocally that it could not provide what it did not have.

The judge therefore dismissed the application for further disclosures.

The case, which centres on allegations that Chairman Wontumi permitted mining on his Samreboi concession without authorisation, is expected to proceed to the next phase of the Case Management Conference.