On Monday, December 1, 2021, the High Court presided over by Justice Ruby Aryeetey dismissed her Appeal seeking a non-custodial sentence instead of a custodial sentence.
The High Court ruled that the 90 days custodial sentence imposed on her by the Circuit Court was not “manifestly excessive” and “harsh” and therefore cannot interfere with that decision.
Five days after, her lawyers led by Andrew Kudzo Vortia have filed a notice of appeal to challenge that decision and a notice for bail.
A copy of the notice of appeal sighted by Kasapafmonline.com filed on Monday, December 6, 2021 stated as follows;
“Please take note that the convict/appellant/appellant herein, being aggrieved by the judgment of the High Court Criminal Division (1)Accra, Her Ladyship Ruby Aryeetey dated 1st December 2021 dismissing the appellant appeal against the conviction and sentenced to 90 days imprisonment imposed on the appellant on each count to run concurrently by Her Honour Mrs Christiana Cann dated April 16, 2021 hereby appeals to the court of appeal on the grounds set out below and for the release stated here under.
“That the learned judge erred in failing to appreciate that as a young first offender and a single parent, a noncustodial sentenced of a fine instead of a custodial sentence of 90days imposed on the appellant by the trial court is appropriate in this case,” the notice of appeal stated.
“That the custodial sentence of 90 days imposed on the appellant be set aside and in lieu, be substituted with a noncustodial sentence of a fine,” It stated.
Aside, the notice to appeal, the lawyers have also filed for bail pending the determination of the appeal.
EIB Network’s Court Correspondent Murtala Inusah reports that the notice for bail application would be moved on December 15, 2021.
The convict is currently serving the remainder of her jail terms.
The High Court in Accra presided over by Justice Ruby Aryeetey on Monday, December 1, 2021 dismissed the appeal filed by Rosemond Alade Brown challenging her 90 days custodial sentence.
The court while affirming the Circuit Court decision said, the punishment imposed was to cause much harm to the convict which will then become a deterrent to herself and others.
April 16, judgment
On April 16, Actress and social media personality Rosemond Brown popularly known as Akuapem Poloo was jailed for 90 days or three months by an Accra Circuit Court.
This was after Akuapem Poloo pleaded guilty to three charges.
She was charged with the publication of nude pictures with her seven-year-old son. She changed her not guilty plea to guilty before being convicted.
She was sentenced to 90 days on each count but the court said, the sentence must run concurrently.
This means she will only serve a 90-day jail term which is three months.
The Court presided over by Her Honour Mrs. Christiana Cann, said such cases are becoming prevalent in society, and Institutions including the court must act.
The court said it took into consideration all the pleas for mitigation before arriving at the decision.
Before her sentencing, the presiding judge confirmed that the actress was not pregnant after her test came out negative.
The pregnancy test ordered by the court is a requirement by law to ensure that, before a woman who pleaded guilty in court is sentenced, the court should know her status.
She was then remanded into custody for the prosecution to take her to any Government hospital to conduct the pregnancy test and produce the results.
The outspoken actress was charged with three counts of publication of obscene materials, engaging in domestic violence, conduct that in any way undermines another person’s privacy or integrity, and engaging in domestic violence namely conduct that in any way detracts or is likely to detract from another person’s dignity and worth as a human being.
Rosemond who had displayed her naked picture with her son on social media on June 30, 2020, earlier pleaded not guilty to all the charges.
Brief facts of the case presented to the court by the prosecution led by Chief Inspector Agartha Asantewaa were that the complainant is Bright K. Appiah, the Director of Child Rights International Ghana.
According to the prosecution, on June 30, 2020, the accused person celebrated her son’s seventh birthday and she took her nude pictures together with her son who was also half-naked and posted same on her Instagram page which went viral on social media.
She told the court that, the pictures attracted comments, adding that the behaviour of the accused person was likely to detract from the dignity of her seven-year-old son among others.
Chief Inspt. Agartha told the court that the complainant petitioned the Director-General Criminal Investigations Directorate and the matter was referred to the Domestic Violence and Victims Support Unit.
Akuapem Poloo, she said was arrested and in her caution statement, admitted posting the nude picture with her son unintentionally.
But, the prosecution held that Rosemond had deliberately posted the nude picture together with her son.