Mr Andy K. Vortia, lawyer for Rosemond Alade Brown aka Akuapem Poloo, says the grant of bail to his client pending an appeal is a step in the right direction.
“This is was an unusual process; it could be denied or be upheld. We are happy that bail has been granted. “
According to Mr Vortia the main focus was the substantive appeal.
Mr Vortia said the grant of the bail pending appeal “is a temporal relief for her to be restored to her former state before the conviction”.
Counsel was reacting to the grant of bail pending appeal filed on behalf of Rosemond at the High Court.
“We have filed the appeal processes and served same on the Attorney General with all the processes. They are going to study them. We are waiting for the response of the Attorney General.”
Rosemond aka Akuapem Poloo, an actress, serving a 90-day jail term was granted GHC80,000 with three sureties by an Accra High Court today Wednesday April 21.
Rosemond was admitted to bail after the High Court had upheld her application for bail pending appeal. Rosemond through her lawyer, also filed the substantive appeal.
The High Court ordered Rosemond to report to the case investigator every two weeks.
She is to deposit her passport with the High Court Registry.
The court presided over by Mrs. Justice Ruby Aryeetey, ordered Rosemond to seek the permission of the court any time she wanted to travel outside the country.
The court noted that the application for bail pending appeal was rare although the law had stated four grounds or reasons for the grant of such applications.
It held that the instant case fell under one of the four grounds under which application for bail pending could be granted.
The court noted that the application for bail could be granted when the appeal has process of success, that the preparation of the appeal, counsel needed to confer with the applicant to facilitate the process, that there could be an unusual delay of the preparation of the appeal processes and the applicant might have served her sentence.
The court further admonished applicant’s lawyer to pursue the substantive appeal.
Mr Vortia, counsel for Rosemond, argued that the application was being brought under Article 33 (I) of the Court’s Act, Act 451.
Mr Vortia invited the Criminal Court One (High Court Division) to look at the particulars of the exceptional circumstances canvassed in his supporting affidavit.
According to Mr Vortia, his client had sureties whose backgrounds had been investigated and approved by the lower court’s registry.
“My Lord I pray that the applicant convict be admitted to bail. She will not abscond from the justice as her conduct has been captured in the exhibit of the court’s records. She is not a flight risk.
“In the circumstances I pray further that you admit the convict applicant to bail with same sureties who are present in court”.
Ms. Selasie Kuwornu, a Senior State Attorney, who was being led by Mrs. Stella Ohene Appiah, did not opposed to the application for bail pending appeal.
Ms. Kuwornu said: “Having perused the application and the supporting affidavit in support and having considered the welfare of the victim, having considered the considerably short length of the sentence of the applicant, the respondent is of the view that as parties have no control over the length of the intended appeal, it is minded not to oppose to the bail pending appeal.”
Rosemond was sentenced by an Accra Circuit Court to 90 days imprisonment.
This was after Rosemond changed her plea of not guilty to guilty.
She was jailed for displaying her nude picture together with her son on Instagram during her son’s seventh birthday last year.
However after the sentence Rosemond instructed her lawyer to appeal against her sentence because the sentence of the circuit court was harsh considering the fact that she was a first offender and she had pleaded guilty.
Rosemond in her application for bail, contended that her days of incarceration was so short and if not admitted to bail immediately, by the time the appeal was heard, she would have finished serving her sentence.
In her substantive appeal, she is praying the High Court to convict her to a fine instead of serving a custodial sentence.