assessors contradicted or weakened the evidence that the witnesses had
given during their testimonies. Furthermore, the recorded witness
responses were confirmations of statements that all the three witnesses had
already made in their testimonies.53 Therefore, it cannot be said, as the
Applicant contends, that the trial court breached his rights owing to the
assessors questioning witnesses. As the Court has earlier established in
the present Judgment, the manner in which the domestic courts evaluated
the evidence does not reveal any manifest error or a miscarriage of justice
to the detriment of the Applicant.
113. Consequently, the Court dismisses the Applicant’s contentions that the
Respondent State failed to arrange a trial that was free from actual or
perceived bias and holds that the Respondent State did not violate the
Applicant’s right to be tried by an impartial court or tribunal under Article
7(1)(d) of the Charter.
B. Alleged violation of the right to life
114. The Applicant alleges that the breach of various rights to a fair trial in the
course of the proceedings that led to his sentencing rendered the imposition
of the death penalty a violation of the right to life.
115. The Applicant avers that the Respondent State violated his right to life under
Article 4 of the Charter by imposing the mandatory death penalty without
giving due consideration to the personal circumstances of the offender and
the particular offence, including its specific aggravating or attenuating
elements. It is the Applicant’s contention that the Respondent State
imposed the death penalty based solely on its mandatory nature in
municipal law while such a sentence was not warranted or compatible with
their right to life due to good character and lack of any prior criminal history.
The Applicant further submits that the Respondent State also failed to prove
The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, supra, pages 10-13;
15-17 and 19-21.
53
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