197.
While it is not contested that there were delays, it is evident from the
records that most of the delay was the result of the appellants own doing. It is
clear from the judgment that a delay of up to six months between July and
December 2001 when Mr. Brain Spilg SC was appointed pro deo to represent
the appellant was caused because appellant rejected several pro deo counsels
including Mr. Jouna and insisted on having Mr. Spilg SC appointed pro deo
198.
AC
HP
R
to represent him.
As at the time Mr. Spilg accepted his mission, hearing had been set for the
January 2002 session of the Court. While accepting his mission, Mr. Splig
requested a postponement of the case to the July 2002 session of the Court on
grounds of the voluminous nature of the records of proceedings, the fact that
appellant‟s life was involved. During the intercession between January and
July 2002, Mr. Spilg and Mack were conducting further investigations on
Appellants behalf but once again the appellant was dissatisfied and dismissed
them as his legal representatives as he felt his best interest were not being
looked after. He later changed his mind and allowed them to continue to
represent him. This caused another further postponement to January 2003
session of the Court at the instance of the defence.
199.
At that session counsel filed arguments consisting of 52 pages on behalf of
the appellant and 26 pages on behalf of the state with supporting
documentation and authorities running over 1900 pages. In the circumstance,
the Court was obliged to reserve its judgment.
200.
In the light of the above, the African commission finds that the delays
since 1993 were largely caused by appellants own actions and consequently
cannot amount to a violation of the fair trial rights guaranteed under Art 7
(1)(d) of African Charter.
55
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