Aisha Huang judge's 'My mind hasn't changed, I'll dismiss application' comment not proper: Effah Dartey

Justice Lydia Osei Marfo is the presiding judge in the case of the Chinese national Aisha Huang, and her attorney, Captain Nkrabea Effah Dartey (Rtd), has accused the judge presiding over the case of being biased against her client.

On October 10, 2022, the attorney for Aisha Huang attempted to file a bail application with the court; however, the judge prevented her from doing so by stating, "My mind has not changed. You are welcome to submit the application, but I will not accept it.

This, according to Captain Nkrabea Effah Dartey (Rtd), is suggestive of a pre-conceived thinking, and he described the judge's posture as unfortunate. [Citation needed]

"I find it hard to believe that a judge currently serving on the High Court can say things like, 'My mind has not yet changed,' and 'you can make the application, and I'll dismiss it.' "I don't think it's proper," the attorney said to Korku Lumor on the 505 news program that was broadcast on Class91.3FM.

"I would have thought that the sitting judge would have had an open mind, receive the application, evaluate it on its merit, and even dismiss it, if she's so minded," Mr. Effah Dartey continued. "I would have thought that she would have had an open mind, receive the application, evaluate it on its merit, and even dismiss it."

"But to remark publicly that: 'My mind has not changed' generates an image that she has a pre-conceived idea about the case, which is not the greatest for a sitting judge," he said. "This is not the finest situation for a judge to be in."

On Monday, October 10, 2022, the Attorney General and Minister of Justice, Mr. Godfred Yeboah Dame, told the Accra High Court presided over by Justice Lydia Osei Marfo that the state will file eight witness statements in the trial of galamsey kingpin Aisha Huang. Justice Lydia Osei Marfo was presiding over the trial.

According to the Attorney General, he first filed four witness statements; however, the state plans to withdraw these and instead present a new set of eight witness statements.

After that, Mr. Dame asked the judge to postpone the proceeding so that his office could have the necessary amount of time and space to file the documents in the manner that was indicated.

The judge accepted his plea of not guilty and postponed the hearing to 24 October 2022 so that the state could submit the necessary paperwork.

Aisha Huang and three other people are accused of participating in illicit mining and selling minerals without having a valid authorization to do so.

The following are the most recent charges that were filed against her on September 16, 2022:

The first offense is mining without a license, which is against the law according to section 99(2)(a) of the Minerals and Mining Act, 2006, Act 703, as amended by the Minerals and Mining (Amendment) Act 2019, Act 995.

Two: Making it easier for people to take part in mining operations in violation of section 99 (2)(a) and (3) of the Minerals and Mining Act of 2006, Act 703, as modified by the Minerals and Mining (Amendment) Act of 2019, Act 995.

Third: Employing illegal foreign nationals in violation of section 24 of the Immigration Act of 2000 (Act 573).

The fourth offense is violating section 20(4) of Act 573 of the Immigration Act of 2000 by entering Ghana while being forbidden from reentering the country.

source:classfmonline.com/