Akuapem Poloo ‘fights’ custodial sentence
The legal team for convicted socialite Rosemond Brown also known as Akuapem Poloo have filed two applications against their client’s 90-day jail sentence.
On Monday, her Lawyer Andrews Cudjoe Vortia filed a notice of appeal and an application for stay of the sentence while the appeal case is being determined.
The team is seeking a more lenient punishment.
Mr Vortia insisted the custodial sentence handed out to his client for posting a nude photo of herself and seven-year-old son was harsh.
“The mitigating factors in her favour are greater than the aggravating factors. When you consider this offence, it is not rape; it is not murder. It is a misdemeanor in which she could have been dealt with lightly,” he spoke to the media after judge’s ruling.
He also questioned the lack of concern for the accused’s seven-year-old son.
“Social welfare should have been brought in. We are protecting the child. The mother is gone, so who takes care of the child? Absolutely nothing was done to that effect,” Mr Vortia lamented.
The Criminal Division of the Accra High Court is expected to hear the bail application on Wednesday, April 21, 2021.
Why Poloo’s legal team have filed two applications
On April 16, 2021, Akuapem Poloo was sentenced to 90 days for posting nude photos of herself and her seven-year-old son.
She was given 90 days for all three charges — 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.
All three sentences are to run concurrently.
Delivering her sentence, the Accra Circuit Court judge Christiana Cann said there was a need to give such punitive measures to deter people who are fond of posting such pictures online.
She also expressed concern about how the societal and moral values of the country have fallen, as result of such practice.
“The action of the accused did not only infringe on the rights of the child. It morally corrupted those who saw the post. It also caused the pride and dignity of the country as a whole.
“The court is bothered with posting nude photos on social media. There is no doubt that apart from the canker of rape, defilement, physical assault, the publication of obscene materials are on the increase.
“There is, therefore, the need to uphold our societal values and deal with this canker. The best interest of the child shall be the primary concern of the court,” the judge read.
READ ALSO: Mummy, Oh Mummy, I beg – Akuapem Poloo in tears
She then asked two questions she said was critical to the case that the accused Akuapem Poloo failed to do.
Did she ask for the permission of the child before posting the said picture?
Did she respect the child’s right?
The answer to these two questions was a resounding “No”.
Judge Cann supported her ruling with a scripture, Colossians 3:25, which states, “Anyone who does wrong will be repaid for their wrongs, and there is no favoritism.”
She also said she considered the fact that the accused Akuapem Poloo was a first time offender, a single parent and has also shown remorse.
Why Akuapem Poloo was dragged to court
The actress posted a picture of herself and her son on his seventh birthday. Rosemond was captured naked, kneeling before the toddler, who was only seen in underpants.
While many criticized the actress over the photo, others jumped to her defence.
The actress later rendered an apology.
Initially, she was granted bail in the sum of GH₵100,000 with four sureties, two to be justified.
The two sureties were ordered to provide proof of ownership of any landed property worth the bail sum.
Facts
The facts of the case are that the complainant Bright Appiah is the Director of Child Right’s International Ghana, whereas the accused person is an actress.
On June 30, 2020, the accused person celebrated her son Mohammed Mudair’s seventh birthday and took a nude photograph together with her son and posted the same on her Instagram page, which went viral.
The prosecution said the accused’s conduct or behaviour undermines privacy or is likely to detract the son’s dignity.
The complainant then petitioned CID Director-General, and the matter was referred to the Domestic Violence and Victims Support Unit (DOVVSU).
The accused was arrested, and on her caution statement to police, she admitted posting the nude picture together with her son unintentionally.
But the text on her post read, “I’m naked in front of you because this is how naked I was when 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.”
This, according to the prosecution, indicated that she deliberately posted nude pictures together with her son.