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JUST IN: Akuapem Poloo set free, fined Ghc12k

Rosemond Alade Brown, popularly known as Akuapem Poloo is set free from her jail sentence and rather imposed a fine of GHc12, 000 (1000 penalty).

This comes after her lawyers led by Andrew Kudzo Vortia filed a notice of appeal to challenge the earlier ruling and notice for bail.

A copy of the notice of appeal state 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.

Circuit court

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.

Appeal

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.

Bail

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.

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