Akuapem Poloo granted bail
Convicted actress Rosemond Brown, also known as Akuapem Poloo, has been granted bail in the sum of GHC80,000 by the Accra High Court.
On Wednesday, the court presided over by Ruby Aryeetey granted her bail with two sureties to be justified.
The court said the application for bail pending appeal is a well-established rule and therefore saw no need to refuse the bail.
In addition to the bail sum, she is to report to the case investigator twice every two weeks.
She must also deposit her passport at the court’s registry. She will only travel with the express permission of the court.
Arguments prior to judge’s ruling
Moving the application for bail pending appeal which is premised on section 33 (1) of the court’s Act 459, counsel for the accused Andrew Vortia told the court that his client had a chance of success on the appeal.
Mr Vortia then took the court through a list of cases where the principle of granting bail before an appeal has been the practice.
He made reference to a Supreme Court case where two considerations were tabled down for the grant of bail pending appeal. The considerations are;
-If there is a chance of success in the appeal
-Will the applicant (Akuapem Poloo) turn up for hearing
Mr Vortia further pointed to the fact that his client has never missed any proceeding at the circuit court. This, he said, was an indication that the applicant would be around to pursue the appeal.
If granted bail, counsel said his client is not a flight risk, that she will not flout the bail conditions.
Assistant State Attorney Selassie Korwornu said the team have perused the application and the affidavit in support and but do not have control over the length of the intended appeal.
They, therefore see no need to oppose the bail application.
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.
“This court is saddened by the current development of the citizenry posting their nude pictures on the internet and wonder what has become of our values as a country.
“Our morality has degenerated to such bestial levels that the accused person could do what she did. The law will take its full course in this matter today so that others who harbour such traits would be deterred.
“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.
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 and again a single parent.
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.
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.
Counsel for Akuapem Poloo interaction with the media after proceeding