'Wontumi is a significant flight risk' — AG opposes bail application
The Attorney-General has urged the High Court in Accra to reject an application by Bernard Antwi Boasiako, popularly known as Wontumi, for bail pending appeal, arguing that the convicted businessman poses a significant flight risk.
Mr Boasiako, who is the Ashanti Regional Chairman of the New Patriotic Party (NPP), is currently serving a 20-year prison sentence after being convicted on two counts relating to the unlawful assignment of mineral rights and the facilitation of an unlicensed mining operation on the Samreboi concession in the Western Region.
The two sentences are being served concurrently.
In an affidavit opposing the bail application, State Attorney Priscilla Lartey, on behalf of the Attorney-General, argued that the grounds of appeal filed by Mr Boasiako did not disclose any reasonable prospects of success.
The State is therefore asking the High Court to dismiss the application for bail pending appeal.
State raises flight risk concerns
The prosecution disputed Mr Boasiako’s claim that he did not pose a flight risk, insisting that there were circumstances that warranted concern over his ability or willingness to remain within the jurisdiction.
The State cited comments allegedly made by his former lawyer during a television interview, in which the lawyer reportedly indicated that, but for efforts to manage Mr Boasiako’s character, he had been prepared to resist arrest or breach his bail conditions.
A video recording of the interview has been attached to the affidavit as an exhibit.
The Attorney-General further argued that the risk of flight was heightened by the fact that Mr Boasiako is facing other criminal proceedings which could result in additional prison sentences if he is convicted.
State challenges need for physical presence
The prosecution also rejected Mr Boasiako’s argument that his physical presence was necessary for his lawyers to prepare written addresses in support of his appeal.
According to the State, the trial has effectively been concluded, making the applicant’s physical presence unnecessary for counsel to prepare the required documents.
The Attorney-General also relied on an admission contained in Mr Boasiako’s own affidavit that he had had “several brushes with the law.”
No exceptional circumstances
The State further rejected the argument that Mr Boasiako’s application had established special or exceptional circumstances warranting bail pending appeal.
It argued that the application failed to meet the conditions required for the court to exercise its discretion in his favour.
The Attorney-General has consequently urged the High Court to summarily dismiss the bail application and allow Mr Boasiako to remain in custody while his appeal is pursued.