Private legal practitioner Martin Kpebu says Bernard Antwi Boasiako, popularly known as Chairman Wontumi, may have to wait until October before his application for bail pending appeal is heard due to the judiciary’s upcoming legal vacation.
According to Mr Kpebu, although Wontumi’s lawyers can file an appeal against his 20-year prison sentence and apply for bail, the timing of the legal vacation could delay the process.
His comments follow an announcement by Wontumi’s lead counsel, Samuel Atta Akyea, that the legal team will appeal the High Court’s decision after the NPP Ashanti Regional Chairman was convicted in a case involving illegal mining offences linked to Akonta Mining Limited.
Speaking on the matter, Mr Kpebu explained that while the appeal could be filed before the end of the legal year on Friday, July 31, the Court of Appeal is expected to proceed on vacation, making it difficult for the bail application to be heard immediately.
He said the matter may only receive attention when the new legal year begins in October.
Mr Kpebu noted that although some High Court judges remain available during the vacation to handle urgent matters such as bail and injunction applications, Wontumi’s chances of securing bail at that level are limited.
“His chances of getting bail in the High Court are very slim, very, very slim,” he said.
He explained that because the judge who delivered the judgment is expected to sit during the vacation, the legal team may have to pursue the bail application at the Court of Appeal.
“The courts are about to go on vacation… Friday, July 31, is the end of the legal year.
“When they file an appeal, they can file for bail, but if they file it in the High Court, my understanding is that the judge who gave the judgment will be working this vacation. It means that he has to go to the Court of Appeal,” he said.
The private legal practitioner also called for reforms to the judiciary’s vacation arrangements, suggesting that some Court of Appeal judges should remain available during the period to hear urgent applications and prevent delays in the delivery of justice.
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