Aisha Huang and her son, Huang Haihua
The two remaining Chinese nationals who were charged together with convicted son of galamsey kingpin Aisha Huang have also been convicted after changing their not guilty plea to guilty.
The two Huang Haihua and Shi Yang alias Philip were together with Huang Lei, (First Accused), who had since December last year been convicted and fined, slapped with eight charges including possession of ammunitions and remaining in Ghana after the expiration of permit.
Despite previously pleading not guilty, they changed their plea after entering into an agreement with the state under the Plea Bargaining law.
Huang Haihua, the (Second Accused person) was convicted for possession of a forged official document, whilst the (third accused person), Shi Yang, was also convicted on three counts of possession of ammunitions and possession of a forged residence permit.
Justice Lydia Osei Marfo, the trial judge, after accepting the terms of agreement entered by the State and the accused persons, retook their plea.
They were consequently convicted on their own guilty plea and each was sentenced to a fine of 1000 penalty units which is equivalent to GHc12, 000.
This means the two are to pay a combined GHc24, 000 to the state as their punishment.
Sentence
“The plea agreement has recommended a maximum of a fine of One Thousand Penalty Units on Count three (3),” the court said.
“Looking at the circumstance of this case, the youthful nature of the 2nd accused person, he being a first offender as well as pleading early thus saving the Court’s time and resources, I will sentence the 2nd accused person to pay a fine of One Thousand Penalty Units (GHc12,000) in default he should serve two (2) years imprisonment IHL.
“The 3rd accused person will also Penalty base on Units the in previous default serve preamble, prison sentencedsentence to of pay two All a (2) sentence fine years of One IHL run Thousand on concurrently.Counts four (4), five (5), six (6), seven (7) and eight
(8),” Justice Osei Marfo pronounced and said the sentences are to run concurrently.
According EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the convicts have since paid their fines to the court and are to be sent back to China.
Huang Lei, (First Accused) said to be son of Aisha Huang, was the first to change his plea in December and was convicted on his own plea and was fined.
Brief facts
Mercy Arthur told the court that, sometime in August 2022, the National Security Council Secretariat, the Ghana Immigration Service (GIS) and other security agencies received intelligence that the 1st and 2nd accused persons, Huang Lei and Huang Haihua, together with other foreign nationals had remained in the country without permits.
She said they were suspected to be engaged in illegal mining activities.
According to her, on September 2, 2022, a team of security officers visited the residence of the 1st and 2nd accused persons at Ahodwo, Kumasi, where they were arrested.
She said in the same residence, one Jian Li Hau, who is said to be the girlfriend of the first accused person, Huang Lei, and one Ruixia Huang also known as En Huang or Aisha Huang, who is believed to be the mother of the first accused person, Huang Lei. Ruixia Huang, were also arrested.
According to her, in December 2018, Aisha Huang was repatriated from Ghana on the directive of the Comptroller-General of the GIS, which directive is still in force.
She said the arresting team retrieved from the 1st accused person, Huang Lei, his Chinese passport with number E44932112 and affixed in his passport is a permit issued by the Director of Immigration with number EP-0082092 which authorized the first accused person to remain in Ghana until May 16, 2022.
She said the first accused person upon arrest and interrogation admitted he did not have a valid permit to remain in Ghana.
Ammunitions
According to Mercy Arthur, a search conducted in the room of the 1st accused person revealed among other things, eight (8), packs of Eley shotgun cartridges, containing about two hundred and fifty (250) pieces of ammunition. He was not able to provide a valid license for them.
According to her, the 2nd accused person, Huang Haihua, had in his possession a Chinese passport bearing his name with passport number EC4624083.
She said affixed in the said passport is what appears to be a Republic of Ghana Residence Permit with number RP0386869, purportedly issued by the Director of Immigration for a one-year period with effect from 26th May 2022.
She however, told the court that investigations disclosed that the supposed permit was not issued by or with the consent or authority of the Ghana Immigration Service and based on further intelligence gathered, the team of security officers visited a property at Daban, Kumasi, on September 14, 2022, where the 3rd accused person, Shi Yang, together with others resided and were also arrested on suspicion of remaining in Ghana without the requisite permits as well as engaging in illegal mining operations.
Mercy Arthur said a Chinese passport with number E716840608 bearing the name and other particulars of the 3rd accused person was retrieved from him and affixed in the said passport is what appears to be a Republic of Ghana Residence Permit with number RP-0386576, purportedly issued by the Director of Immigration for a one-year period with effect from May 26, 2022.
“However, investigations disclosed that the supposed permit was not issued by or with the consent or authority of the Ghana Immigration Service.
Also retrieved from the room of the 3” accused person were eighty-three (83) pieces of live 9mm ammunition, three (3) pieces of live 8mm ammunition, twenty-two (22) pieces of live BB ammunition and three (3) pieces of live AA ammunition, all of which were in the possession of the 3rd accused person without authority.
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