Lawyers of convicted actress Rosemond Alade Brown popularly known as Akuapem Poloo have filed an application for bail pending appeal.
Her lawyer Andrews Kudzo Vortia on Monday filed a notice of appeal and application for bail against the actress’ custodial sentence at the same time.
The Criminal Division of the Accra High Court is expected to hear the bail application on Wednesday.
Court Correspondent Murtala Inusah reports that the convict actress is currently with the Osu Police awaiting her Covid-19 test result.
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 notice of appeal at the High court for determination.
The lawyer said the sentencing was harsh and a 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.
Her 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.”
Exceptional circumstances
Counsel would be canvassing his client’s application for bail on grounds that, the Appellant is a first-time offender and that, the offences for which the Appellant was sentenced is a misdemeanour.
The affidavit in support of the motion stated that the guilty plea and show of remorse by the Appellant should be taken into consideration.
“That the Appellant is a single parent and a young offender and as such, her first brawl with the law, ought not to have been met with a custodial sentence as the first option in the circumstances of the case.
“That the child whose right the Appellant is said to have violated, which the law is seeking to protect should not become the victim of circumstances by reason of the hash custodial sentence imposed on the mother by the trial court.”
Overcrowded prisons
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 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.
