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’ 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.
He has also, subsequently, applied for bail for Akuapem Poloo pending a determination of the appeal.
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.
“…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 simpliciter 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 bossom of a judge.
“…We verily believe that the following exceptional circumstances existed in this case which the trial court ought to have duly considered.”
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.
Source: Kasapafmonline.com/Murtala Inusah