An Accra High Court judge has threatened to release galamsey queen Aisha Huang’s accomplices standing trial for allegedly engaging in illegal mining.
The trial judge Justice Lydia Osei Marfo, expressed her displeasure over the difficulty in getting interpreters for the galamsey trial to commence.
“Clearly, the Judicial Service doesn’t have any interpreter in this language. The interpreter for the Chinese language is equally not a staff of the Judicial Service. Incidentally, he was provided by the institute of languages. Today, he isn’t in court because he had to travel outside the country to undertake his business activities.
“This is a challenge to this court. This court cannot effectively hear this case if we’re not assured of the relevant court interpreters who can speak the language of the accused persons. I adjourn this case for the last time. If we don’t get these interpreters in this court, that is, Chinese and Vietnamese; I will release the accused persons either conditionally or unconditionally,” the judge said.
The accused persons are Chinese and Vietnamese nationals.
Shi Yang, also known as Philip, Li Wei Guo and Shi Mei Zhi, are Chinese.
On the other hand, Nguyen Thi Thanh Tuyen is a Vietnamese national.
The three Chinese Nationals have been charged with engaging in illegal small scale-mining, that is, mining without a licence, contrary to section 99(2)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by Act 995 of 2019.
Nguyen Thi Thanh Tuyen, the Vietnamese national, has been charged with the offence of remaining in Ghana after the expiration of a permit, contrary to sections 20(1) and 52(1)(d) of the Immigration Act, 2000 (Act 573).
The three Chinese nationals pleaded not guilty to the charges.
However, the last accused’s plea was deferred to today (Tuesday, November 1, 2022) due to the unavailability of a Vietnamese translator.
Efforts to get a Vietnamese interpreter
A court official had informed the judge that the team got a Vietnamese interpreter through the Institute of Languages, as directed.
He, however, added that they hadn’t been able to reach him after he agreed to be part of the trial via Zoom because he was out of the jurisdiction.
“As of this morning, we have tried getting in touch with Solomon (liaison for Vietnamese interpreter), but he’s not responding.
“The chief inspector came to my office this morning to tell me about this situation, and she promised that she’ll call back. She again called Solomon, but he’s not picking up the call,” the representative told the court.
Aside from the Vietnamese interpreter’s status being unclear, the Chinese interpreter was also absent in court.
The case was subsequently adjourned to November 21, 2022.
Article 19 (2)(d) of Ghana’s constitution states that “A person charged with a criminal offence be informed immediately in a language he understands, and in detail; the nature of the offence charged.
Facts of the case
The facts presented by the prosecution indicate that a team from the Ministry of National Security, Accra upon receipt of intelligence arrested the accused persons on September 14, 2022.
The first, second, and third accused persons are Chinese nationals and were arrested together with the fourth accused person, a Vietnamese national, from their residence at Paraku Estates near Daban, Kumasi in the Ashanti Region.
Preliminary investigations revealed that the four accused persons were involved in prohibited mining transactions with En Huang, also known as Aisha Huang and other Chinese nationals at mining sites in the Obuasi municipality.
A search conducted at their residence at Paraku Estates, Kumasi revealed five payment receipts of evidence of the purchase of mining concessions.
“In addition, it was disclosed that the accused persons together with others use WeChat, a social media platform for all correspondences in relation to their illegal mining activities,” as contained in the facts.
Investigations further revealed that the fourth accused person was issued an extension of permit on May 9, 2022, to remain in Ghana until August 8, 2022, but at the time of her arrest, the permit had expired.
The four accused persons have since been detained to assist with investigations and frantic efforts are being made to find and arrest other accomplices.
