Aisha Huang
There were some nervy moments at an Accra High Court during the trial of Aisha Huang, the 31-year-old Chinese woman, who has been accused of engaging in illegal mining (galamsey) in Kumasi in the Ashanti Region.
Lawyers for the five Chinese illegal miners were yesterday expected to cross-examine an immigration officer, who had ended his evidence-in-chief as a prosecution witness to the court, presided over by Justice Charles Ekow Baiden.
People in the courtroom were surprised when Captain (Rtd) Nkrabea Effah Dartey announced that he would represent the five accused persons.
Apparently, another lawyer, who took part in the proceedings at the last adjourned date, sought the permission of the court to seek medical attention just moments before the case was called.
The presiding judge was therefore surprised when Effah-Dartey made the announcement.
He attempted to pray the court to vary the bail conditions of the accused persons – an application, which was rejected by another court about a month ago.
Justice Baiden, however, asked the lawyer whether he was aware another judge had already ruled on that application.
He suggested that it was ‘fair’ on his part to try and put him at logger heads with his colleague judge.
“You are aware that an application was made some time back and it was not granted and you have come before me to make the same application, is it fair?” the judge asked.
He asked Captain Effah-Dartey to file a notice of change of solicitor for him to be recognised by the court.
“Another lawyer just stepped out and you have just come in to say that you represent all the five accused persons. The whole process this morning is strange to me. You are not in the records of this court,” the judge indicated.
The judge indicated that he could observe proceedings as a friend of the court.
There was drama when the prosecution witness was called to enter the dock to be cross-examined.
Captain (rtd) Dartey attempted to cross-examine the witness, saying he was fully aware of the witness’ role in the matter and could cross-examine him if the court permitted it.
But the judge simply replied: “you are not known in this matter.”
Justice Baiden ordered the State Attorney to present two witnesses on every sitting day to fast-track the trial.
He directed the accused persons to tell their lawyers to be in court on the next adjourned date or they would have to cross-examine the witnesses themselves.
The case was adjourned to February 19, 2018.
Background
Aisha Huang and four Chinese nationals Gao Jin Cheng, Lu Qi Jun, Habin Gao and Zhang Pen, filed the application two weeks ago, praying the court to show some clemency and review some of the bail conditions, which they claim was having financial toll on them.
The five were arrested in Kumasi for their alleged involvement in large-scale illegal mining, known as ‘galamsey and were brought to Accra to face trial.
She was granted bail by the court in June 2017 in the sum of GH¢500,000, with two sureties to be justified.
The four others- Gao Jin Cheng, 45; Lu Qi Jun 39; Habin Gao, 26 and Zhang Pen, 23- were also granted bail in the sum of GH?500,000, with one surety each, who must be a Ghanaian by birth.
Each surety is to be justified.
By Gibril Abdul Razak