A three-member panel of the Court of Appeal has overturned the 90-day jail term imposed on Actress Rosemond Alade Brown popularly known as Akuapem Poloo.
This was after the prosecution had indicated to the court that, the Republic does not oppose both the application for bail and the substantive appeal.
Lawyers of the actress led by Andrew Kudzo Vortia argued that the 90 day custodial sentence was harsh and prayed for it to be replaced with a fine.
Akuapem Poloo was on April 16 sentenced to 90 days in jail after pleading guilty to three charges.
On December 1, the High Court dismissed her first appeal to have the decision reversed.
In court on Wednesday, December 15, the panel chaired by His Lordship Justice Henry Anthony Kwoffie said, even though the 90 days sentence was right, they are minded to replace it with a fine.
“We have decided to take the substantive appeal regarding the submission filed by the learned counsel of the Appellant and the fact that the Republic does not oppose,” the court said.
The panel added that it took into consideration the scale of sentencing and “we have taken the view that the sentence was fair.”
However said, it took into consideration the interest of the seven-year-old son and the fact that he will need parental care.
The panel also considered the fact that the convict is a single mother and has shown remorse since her conviction.
While describing the incident which led to the custodial sentence as “foolish ways” the court hoped that, “she will learn a good lesson of what she has gone through.”
To this end, the court imposed a fine of 1000 penalty (GHc12,000) on count A and 500 (GHc6, 000) penalty units each on counts 2 (and 3 (12, 000) to run concurrently.
EIB Network’s Court Correspondent Murtala Inusah reports that Akuapem Poloo per the decision of the Court Akuapem Poloo will only pay GHc12, 000 to be out of jail.
The court said, if she default in payment, she will serve a term of 90 days in hard labour.
On Tuesday, December 7, 2021, Lawyers of the convicted actress filed a notice of appeal at the Court of Appeal challenging the dismissal of her appeal by the High Court.
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 notice for bail.
A copy of the notice of appeal sighted by Starrfm.com.gh filed on Monday, December 6, 2021, stated as follows;
“Please take note that the convict/appellant/appellant hearin, being aggrieved by the judgement 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 hereunder.
“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 non-custodial sentence or a fine,” it added.
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.
On April 16, Actress and social media personality Rosemond Brown is 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.
