Justice Lydia Osei Marfo deemed Aisha Huang's crimes as severe and detrimental to Ghana during her sentencing on Monday, December 4.
According to myjoyonline.com, in her ruling, she clarified that Aisha Huang's prosecution was conducted under Act 900, which previously stipulated a maximum penalty of five years for unauthorized mining activities.
She lamented the limitations of the Act, indicating her desire to impose a more extended prison term if permitted by law.
“I wish I had the right to impose the punishment under the current law,” remarked Justice Lydia, as quoted by myjoyonline.com.
Under the amended Minerals and Mining Act of 2019, Act 995, Aisha Huang could have faced a minimum of 15 years and a maximum of 25 years in prison.
In November 2022, Aisha Huang faced four charges, including engaging in mining without a license, facilitating unauthorized mining operations, employing foreign nationals illegally, and entering Ghana while prohibited. Despite being deported in 2018, she reportedly re-entered Ghana through the Aflao border in October 2022 to resume mining activities. The state had previously dropped similar charges with a nolle prosequi.
Throughout the trial spanning over a year, the Chinese illegal miner pleaded not guilty to all charges except entering Ghana while prohibited. The state presented eleven witnesses, including farmers who sold lands to Aisha Huang and witnessed her engaging in illegal mining. Prosecutors also provided video evidence showcasing the environmental damage caused by Aisha Huang.
After thorough consideration of the evidence, the judge concluded that the state had proven its case against her sufficiently.