Ghanaian actress, Rosemond Alade Brown, aka Akuapem Poloo, has appealed the 90-day jail term handed her for publishing her nude pictures on social media.
Her lawyers filed the appeal at the Accra High Court [Criminal Court 2 Division] on Monday 19 April 2021.
Poloo was convicted of publication of obscene materials and two counts of engaging in domestic violence. She pleaded guilty to all three charges and was convicted on her own plea by the court presided over by Christina Cann.
The lawyers are arguing against the sentence on the grounds that it was harsh and rather praying for a lesser sentence in the form of a fine.
In addition to that, they have also filed for stay of the sentence while the appeal case is being determined.
The move is to ensure that she does not go to jail while the appeal is being determined.
In the notice of appeal at the High Court, lawyer Andrews Kudzo Vortia said:
“…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.
“…We verily believe that the following exceptional circumstances existed in this case which the trial court ought to have duly considered.”
The facts as narrated by the prosecution, led by Chief Inspector Agartha Asantewaa, were that the complainant, Bright K. Appiah, director of Child Rights International Ghana, had petitioned the director-general of CID about a nude photo posted on Instagram by Akuapem Poloo that had gone viral.
On 30 June last year, the prosecution said Rosemond celebrated her son’s seventh birthday and she took her nude pictures together with her son who was also half-naked and posted same on her Instagram page which went viral on social media.
The pictures attracted comments, adding that the behaviour of the accused person was likely to detract from the dignity of her seven-year-old son among others.
The prosecution said the complainant petitioned the director-general CID and the matter was referred to the Domestic Violence and Victims Support Unit (DOVVSU).
Rosemond, the prosecution said, was arrested and in her caution statement, admitted posting the nude picture with her son unintentionally.
A write up accompanying the picture read: “I am naked in front of you because this is how naked I was giving birth to you, so in case you find me lying somewhere don’t pass by but see me as your mom who brought you to life.”
The prosecution held that Rosemond deliberately posted the nude picture together with her son.
Source: Daily Mail GH