Akuapem Poloo granted bail
The Criminal Division of the Accra High Court presided over by
Justice Ruby Aryeetey has granted GHC80,000 bail to convicted
actress Rosemond Brown aka Akuapem Poloo.
In addition to the bail, she is to report to the case Investigator every
two weeks and is to deposit her passport with the registrar of the court.
Akuapem Poloo will only travel with the express permission of the court.
The applicant, the court is satisfied, has satisfied the four grounds
of bail pending appeal.
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Meanwhile, the Criminal Court 2 Division of the High Court will today,
April 21, 2021, hear the appeal filed by the lawyer of convicted
actress Rosemond Alade Brown popularly known as Akuapem Poloo
against her 90-day jail sentence.
Her lawyer Andrews Kudzo Vortia on Monday, April 19, 2021,
filed a notice of appeal and application for bail against their
actress’s custodial sentence at the same time.
Akuapem Poloo, the socialite was sentenced for publishing obscene
material and for undermining the dignity and integrity of her 7-year-old son.
But her lawyer, Andrew Vortia immediately appealed against
the sentence describing it as harsh.
The convict (appellant) was arrested and arraigned before the Circuit Court,
Accra on three (3) counts of offences relating to obscenity contrary to
section 280 of Act 29/60 and Domestic Violence contrary of
section 1(d) (iii) and (iv) and 3(2) of Act 732.
She was sentenced to 90 days in prison on each of the three charges after
pleading guilty to them, but the court said, the sentences are to run concurrently,
However, not satisfied with the conviction, the convict/appellant has filed a
notice of appeal at the High court for determination.
The lawyer said the sentencing was harsh and the non-custodial sentence
would have been best.
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“…That the ninety (90) days sentence is so short that if the applicant is not
admitted to bail immediately by the time the appeal is heard,
she would have finished serving the sentence.
“That the Convict/Appellant pleaded guilty simplicity and was convicted
on her own plea and on all counts and sentenced to ninety (90) days IHL
all counts to run concurrently.
“That I am advised by Counsel and verily believe so to be true that there
has been a grave miscarriage of justice and that the trial judge erred in
considering only aggravating factor in arriving at her decision”
part of the motion for bail stated.
Counsel is seeking to argue before the High Court that, the grant of
bail to a convicted person is not automatic but discretionary which
lies solely in the bosom of a judge.
“…We verily believe that the following exceptional circumstances
existed in this case which the trial court ought to have duly considered.”
Overcrowded prisons
It would be counsel’s further submission that “due to the overcrowded
nature of our prisons by reason of which the State over the years has
employed measures to decongest the prisons, including the introduction
of the justice for all program by the Honorable CJ, whereby hearings are
conducted occasionally in the prisons to deal with lesser offenses;
and more so, in the face of the COVID-19 pandemic, we verily believe
that noncustodial sentence would have been more appropriate in
the circumstances of this case.”
On Friday, April 16, the Circuit Court presided over by Her
Honour Ms Christiana Cann sentenced the actress for posting a nude video
on social medial which involved her seven-year-old son.
Her sentencing followed a pregnancy test she conducted after she was convicted,
a requirement of the law before any custodial sentence could be passed on
a woman who has not reached the menopausal stage.
The court said, issues of posting nude pictures on social media is
becoming rampant and institutions like the Court must take interest in cracking the whip.
