000 301 UI. MERITS 43.The Court notes that the Applicant alleges violation of the right to equality before the law and equal protection of the law, and the right to fair trial as provided under Articles 3 and 7 of the Charter, respectively. Considering'that the Applicant's allegation of violation of Article 3 essentially stems from the alleged violation of his right to a fair trial, the Court will first examine the allegations relating to Article 7. A. Alleged violations of the right to a fair trial 44.The Applicant makes two allegations which would fallwithin the scope of the right to a fair trial enshrined under Article 7 of the Charter. i) The Gourt of Appeal's judgment had manifest errors 45.The Applicant claims that the Court of Appeal's judgment had manifest errors 'patent in the face of records that resulted in the miscarriage of justice'. He elaborates his allegation by stating that the Court of Appeal misdirected itself by dismissing his second ground of appeal while it was argued that the evidence presented before it concerning the cause of the death of the baby had contradictions and inconsistencies. The Applicant in this regard claims that one of the prosecution witnesses first indicated that the deceased baby was strangled and carried on a plate but another witness mentioned that he saw a spear in the bush where the baby was abandoned, suggesting that the baby was killed with a spear. 46. The Applicant also cites the testimony of his wife, and the mother of the deceased baby (DW2), who at first is reported to have said that the baby slipped into a pit latrine but later changed her statement, and said that the Applicant snatched the baby and threw it in the bush. Despite this inconsistency and the fact that the Court of Appeal itself declared this witness as unreliable, the Applicant alleges that her 12