Rosemond Alade Brown's appeal to the High Court in Accra was dismissed.
Akuapem Poloo which sought to challenge the 90- day jail term handed to her by the Accra Circuit Court on April 16 this time.
This means Akuapem Poloo will continue to serve her sentence imposed by the Circuit Court.
In a ruling Wednesday morning (Dec 1, 2021), the Criminal Division of the court presided over by Justice Ruby Aryeetey upheld the Circuit court decision on grounds that the Circuit court’s decision wasn't manifestly inordinate.
“ This court won't intrude and the appeal is thus dismissed,” Justice Aryee said.
The court ordered that in the absence of the con, Akuapem Poloo’s child should be given to any competent person in the family to take care of.
Circuit court
On April 16, 2021, Akuapem Poloo was sentenced to 90 days in prison by an Accra Circuit Court presided over by Ms Christiana Cann for posting a raw photograph of herself standing near her son on social media.
This was after she had contended to the charge of publication of stag material negative to the Felonious Offences Act, 1960 (Act 29), engaging in domestic violence, videlicet, a conduct that, in any way, undermined another person's sequestration or integrity, contrary to Section 1 (d) (iii) and 3 (2) of the Domestic Violence Act, 2007 (Act 732), and engaging in domestic violence, videlicet conduct that, in any way, distracted or was likely to abstract from another person's quality and worth as a mortal being, negative to Act 732.
Appeal
Still, 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 presumed her appeal on two grounds.
Originally, she argued that she was a first time lawbreaker and thus the Circuit Court should had considered her plea of shamefaced as a mitigating factor when assessing the judgment.
Secondly, the condemned actress argued that the trial judge should had assessed a forfeiture on her rather of a custodial judgment.
Bail
Akuapem Poloo, also filed an operation for bail pending the determination of her appeal.
The actress was admitted to bail in the sum of Ghc80, with three sureties.
Poloo was granted bail by Justice Aryeetey, who required her to report to the police every two weeks and deposit her passport at the court registry.
Source:Graphic.com.gh