0013 6 0
alone from arresting the accused persons to recording the witnesses'
statements; sending the deceased's body to hospital; drawing the sketch map
of the crime; and witnessing the post-mortem examination report.
76.The Respondent State on its part avers that the Applicants'allegation
is
misconceived and should be dismissed. lt submits that, in dealing with whether
the decision to find the Applicants guilty was based on manifest error, the most
important consideration should be their identification evidence. ln that respect,
the Respondent State contends that the Court of Appeal undertook a fresh
assessment of the identification of the Applicants including conditions of the
identification, credibility of the witnesses, number of witnesses required by law
to prove a fact and whether identification by a single witness can lead to a
conviction. lt is the Respondent State's submission that no violation occurred
since the court of Appeal held that the conditions for identification were
favourable and the Applicants were sufficienfly identified at the scene of the
crime.
77. Article 7(1) of the Charter provides
"Every individual shall have the right to have his cause heard. This comprises:
a) The
right to an appeal to competent national organs agalnst acts of violating
his fundamental rights as recognized and guaranteed by conventions, laws,
regulations and customs in force;
b) The
right to be presumed innocent until proved guilty by a competent court
or tribunal;
c) The right to defence, including the right to be defended by counsel of his
choice;
d) The right to
be tried within a reasonable time by an impartial court or
tribunal."
78. The
court observes that Article 7(1) of the charter guarantees the protection of
fair trial related rights, which extend beyond those expressly stated in the four
abovementioned sub-provisions. That provision can therefore be read in light
22
e.--