A-G to appeal Aisha Huang’s sentence, wants Act 995 applied

The Attorney-General (A-G) Godfred Dame has served notice that he will appeal the judgment granted in the case against Aisha Huang, the Chinese national jailed for engaging in illegal mining.

Mr. Dame said he intends to test the soundness of the decision of the trial court to punish Aisha Huang under Act 900 instead of Act 995.

The Attorney-General noted that he will ensure that the new sentencing regime imposed by Act 995 is applied in this case.“While applauding the efficiency of the justice delivery system witnessed in the trial of Aisha Huang, the Attorney-General will, however, test the soundness of the decision of the trial court to punish the accused person under Act 900 by filing an appeal at the Court of Appeal against the sentence to ensure that the new sentencing regime imposed by Act 995 is applied to the accused person,” he stated.

The High Court presided over by Justice Lydia Osei-Marfo, sentenced Aisha Huang to four years in prison under the Minerals and Mining (Amendment) Act, 2015 (Act 900) after she was found guilty of engaging in Galamsey.

She was also fined GHC 48,000.00.

The Court ruled that Aisha Huang did not have a license to undertake any mining activities in Ghana.

But scores of Ghanaians have expressed concern about the nature of the punishment.

For instance, a private legal practitioner, Sheila Minkah-Premo, said she expected a harsher punishment for Aisha Huang.

Commenting on this on the Ghana Tonight show on TV3 on Monday, December 4, Madam Sheila Minkah-Premo said, “I have followed the case a bit; in my view, I think the punishment is a bit lenient.

“I expected something heavier once she was found guilty. But I guess the judge gave her reasons why the sentencing came as it is.”

But the AG, in a statement, said, “The attention of the Attorney-General has been drawn to various misleading comments by some sections of the public in reaction to the judgment.

The Attorney-General hereby respectfully entreats members of the public, including lawyers, to be mindful of the facts stated above and desist from comments that not only jeopardize the sound and efficient administration of justice but also undermine the fight against illegal mining.”

The Attorney-General expressed appreciation for the relatively swift manner (a little over one year) in which justice has been dispensed in this case.

“The same underscores the commitment to the punishment of illegal mining offenses,” he assured.