The Court of Appeal has vacated the 90-day jail term imposed on Actress Rosemond Alade Brown popularly known as Akuapem Poloo, for publishing a nude picture of herself which was taken in front of her seven-year-old son.
A three-member panel of the court presided over by Justice Henry Anthony Kwofie and assisted by Justices Bright Mensah and Eric Baahv has instead imposed a fine of GH¢12,000 on the controversial actress in default of which she will serve 90 days in hard labour prison term.
Her lawyer, Andrew Vortia had initially failed to get the custodial sentence overturned after an Accra High Court dismissed her appeal and held that the Circuit Court was right in imposing the jail term to serve as deterrent to others.
The Court of Appeal decided to set aside the custodial sentence after it held that the convict had learned her lesson and showed remorse since she was sentenced by the Circuit Court and the fact that the Attorney General’s Office did not oppose to the appeal filed on her behalf.
The court also took into the consideration the fact the convict is a single mother the fact that her seven-year-old son would need parental care.
The court in granting the appeal described the publication that led to her sentencing as “foolish ways” but hoped that she will learn a good lesson of what she has gone through.
Akuapem Poloo was convicted and sentenced for three charges of publication of obscene materials, engaging in domestic violence, a 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.
An Accra High Court presided over by Justice Ruby Aryeetey in her judgement on December 1 this year dismissed an appeal filed by lawyer for Akuapem Poloo on ground that the sentencing handed by the trial court was not manifestly excessive.
She said the Court will not interfere with the sentencing given by the Circuit Court which was to serve as deterrent to other parents who may have the intention of doing a similar thing.
Justice Artyeetey ordered that Akuapem Polooe’s child should be given to any competent person in her family to take care of while the convicted actress serves her prison term.
Akuapem Poloo was dragged to court after she had displayed her naked picture with her son on social media on June 30, 2020, to celebrate the boy’s birthday.
She initially pleaded not guilty to the charges and was granted bail in the sum of GH¢100,000 with four sureties, two of who must be justified.
She was convicted after she changed her plea from not guilty at the commencement of the case, to guilty midway into the trial.
The court, presided over by Her Honour Christiana Cann, in sentencing her took into consideration the aggravating facts, intrinsic seriousness of the offence, gravity, prevalence and premeditation with which she committed the offence as pushed by the prosecution.
The court also took into consideration the mitigating factors which included pleading guilty simplicita, being a single parent and the convict’s show of remorse.
BY Gibril Abdul Razak