The almost incomprehensible bizarre story in the news today is the legal somersault of one of the current striking beauties of this generation, ROSEMOND BROWN, popularly called “Akuapem Poloo.”
There are one million lessons from her macabre experience with the law, and let us attempt to cover some of them.
Sometime early this year, she posted a nude picture of herself on facebook with her infant seven year old son, which was indecency of the highest order. Profanity writ large; Obscene!
You know something, ladies, there is NO MAN on earth, from Adam throughout history to the present, who likes the idea of other men looking at the nakedness of his woman.
If you are shapely, with tall legs, rounded hips, and a slim waist with mouth watering boobs, keep all this to ONLY the bathroom and to your man, or, at best, your husbands.
Why post your naked photo on facebook? For who? Or you are a prostitute, marketing yourself?
She was arrested and charged with obscenity crimes, and, unfortunately, the judge was a WOMAN!!!
I have never forgotten when Professor S.O. Gyandoh, lecturing us at the Law Faculty in Legon first year in 1974, told us that THE LAW IS IN THE BOSOM OF THE JUDGE!!! Give the same set of facts to TEN different judges, and you will get ten different judgments.
The greatest day in my life, as a lawyer, was in 2015 or so, when a client, who lost at the Cape Coast High Court and also lost 3-0 at the Court of Appeal in Accra, asked me to take up the matter at the Supreme Court, I became extremely excited when by a 5- 0 unanimous judgment the Supreme Court over-turned the verdicts of the Courts below.
Reader, the law is in the bosom of the Judge.
So the case was called: Republic versus Rosemond Brown.
She pleaded NOT GUILTY. Good! Bail granted; Trial to proceed.
You know, reader, our criminal justice system is such that it is the DUTY of the State, the Prosecutor, the Police to tell the court WHAT CRIME you have committed.
You can choose to keep quiet right from the moment of arrest.
Never plead Guilty!
But the problem is that trials take long and can be very frustrating. Go, come, adjourned, and so on, why not plead Guilty and get away, possibly, with a fine?
Lawyers for Akuapem Poloo advised her, and she changed the plea to GUILTY.
I am sure the Judge was shocked! Guilty? Very well! Sentence is 90 days in jail!!!
Every judge has a discretion in misdemeanor, as to sentence you to either a term of imprisonment not exceeding three years, or to a fine, or to both!!! Her Honour chose a jail term, 90 days. Go inside.
Akuapem Poloo started crying. They took her to Nsawam and locked her up.
Reader, I have been a prisoner twice – first under President Limann for 11 months, and second, under JJ Rawlings for 6 months, and I can assure you that the worst experience a person can go through is to serve a term in prison. It is terrible!
According to history, the best friend of Julius Caesar was convicted of … treason and the penalty was death.
Julius Caesar did not want his friend to die, but he could not say that they should set him free, so he came up with a brilliant argument; Death is no punishment, because we will all die one day, either today or tomorrow; either through sickness, war, famine, or something. Rather, send him to prison; deny him the right to sleep with his wife; the right to eat the food of his choice; deny his freedom of movement; lock him up in cells; let him regret being alive, and that is the worst punishment a man can go through.
The Romans agreed, and jailed his friend instead of executing him.
So Akuapem Poloo went to jail.
Then her lawyers appealed against the sentence, and surprisingly, the High Court granted bail pending appeal!!! How?
What makes the practice of law interesting is that when a Judge gives a decision and you are aggrieved, you can appeal.
In this case, Republic vrs Rosemond Brown, the Accused pleaded GUILTY, so her lawyers could NOT appeal against the conviction, but the sentence 90 days?
Bail pending appeal can be granted when the appeal is against CONVICTION, and the sentence is so short that by the time the appeal record is ready, the sentence will be over. But in this case, the appeal was against the sentence only, and you grant bail pending appeal?
Of course, the trial Circuit Judge could easily have imposed a fine, which Akuapem Poloo would have readily paid, but sentencing her to 90 days in jail was not against the law. I am sure the High Court Judge felt most uncomfortable with the bail pending appeal, so come November 30 she gave Ruling in the appeal the 90 days was not manifestly excessive, so appeal dismissed. Go back to serve the sentence!!!
So, most unfortunately, as you read these lines the beauty sun splash, Akuapem Poloo, is back in jail; did she go or did she come?
My colleague lawyers would be angry with me, but let me say it as it is; Christmas is coming and we lawyers need money to finance our Christmas responsibilities, so, if Akuapem Poloo can afford some more bank notes, she should pay fat a charge for us to go and appeal.
We shall tell the three appellate judges that the High Court Judge erred in law when after wisely granting bail pending appeal against sentence, she made a U-turn to dismiss the appeal. It is unconscionable and most embarrassing for justice. She could have altered the 90 days jail term to imposition of a fine.
But, sorry, Rosemond! If the appellate judges turn out to be an all-women panel, then you are in big trouble. Instead of thanking God for getting away with only 90 days sentence, you are worrying everybody appealing, appealing, and crying that you are beautiful, young, and sorry after disgracing womanhood parading your boobs and all in public. My friend, the 90 days is too small, go inside for the maximum three years!!!
Akuapem Poloo don’t mind them. Bring two million Ghana cedis, so that we go to the Supreme Court. Meanwhile, I need money to complete my hotel project in the Akuapem Hills.
AKUAPEM POLOOOOOO…
