The High Court in Accra has dismissed an appeal filed by Rosemond Alade Brown, a.k.a. Akuapem Poloo which sought to challenge the 90-day jail term handed to her by the Accra Circuit Court on April 16 this year.
This means that Akuapem Poloo will continue serving the jail term handed her by the Circuit court.
In a ruling Wednesday morning (Dec 1, 2021), the Criminal Division of the court presided over by Justice Ruby Aryeetey upheld the Circuit Court decision on grounds that the Circuit Court’s decision was not manifestly excessive.
“This court will not interfere and the appeal is therefore dismissed,” Justice Aryee said.
The court ordered that in the absence of Akuapem Poloo, her son should be given to any competent person in the family to take care of.
On April 16, 2021, an Accra Circuit Court presided over by Ms Christiana Cann sentenced Akuapem Poloo to 90 days imprisonment for publishing on social media a nude picture of her standing in front of her son.
This was after she had pleaded guilty to the charge of publication of obscene material contrary to the Criminal Offences Act, 1960 (Act 29), engaging in domestic violence, namely, a conduct that, in any way, undermined another person's privacy or integrity, contrary to Section 1(d) (iii) and 3(2) of the Domestic Violence Act, 2007 (Act 732), and engaging in domestic violence, namely conduct that, in any way, detracted or was likely to detract from another person's dignity and worth as a human being, contrary to Act 732.
However, the actress through her counsel, Mr Andrews Vortia, on April 19, 2021 filed an appeal at the Accra High Court [Criminal Court 2 Division] to challenge the ruling of the Circuit Court.
Akuapem Poloo premised her appeal on two grounds.
Firstly, she argued that she was a first time offender and therefore the Circuit Court should have considered her plea of guilty as a mitigating factor when imposing the sentence.
Secondly, the convicted actress argued that the trial judge should have imposed a fine on her instead of a custodial sentence.
Akuapem Poloo, also filed an application for bail pending the determination of her appeal.
The actress was admitted to bail in the sum of GH¢80,000 with three sureties.
Justice Aryeetey, who granted Poloo bail ordered her to report to the police every two weeks and also deposit her passport at the court’s registry.