66oisB
61. The Court
also notes that the alleged inconsistencies in the testimonies of PW2,
PW3, and PW4 were not in direct contradiction to each other, but rather certain
details were only mentioned by one witness and not by the others.
62. The Court thus dismisses the allegations of the Applicant that the Court of Appeal
failed to properly examine his grounds of appeal and that the evidence that was
used to uphold his conviction was not watertight.
63. ln light of the above, the Court therefore holds that the Respondent State has not
violated the Applicant's right
to a fair trial with respect to the
inconsistencies among witnesses' testimonies and the alleged lack
alleged
of proper
evaluation of evidence and of his grounds of appeal by the Court of Appeal.
ii)
The right to defence
64.1n his Application, the Applicant alleges a violation of Article 7(1Xc) of the Charter
by the Respondent State.
65. The Respondent State reiterates its submission that all the Applicant's grounds
of
appealwere examined and determined by the Court of Appeal and thus, there was
no violation of Article 7(1) (c) of the Charter.
66.The Court notes that Article 7 (1) (c) of the Charter as indicated above, provides
for the right to defence, including the right to be defended by counsel of one's
choice. This Court has consistently interpreted this provision in light of Article 14
(3) (d) of the lnternational Covenant on Civil and Political Rights(ICCPR)s, which
establishes the right to free legal counsel and determined that the right to defence
e
The Respondent State became a State Party to ICCPR on on 1 1 June 1976
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