104. At the Public
Hearing
of 22
May
2015,
the Respondent
State argued
that the
Applicant has never brought the grievance to the attention of the national courts; and that
in any
case,
an
accused
person
can
be tried
alone,
and
not
necessarily
with
co-
defendants. He further explained that one person had been tried while there were more
others on the charge sheet because trial can proceed only when
someone
has been
arrested and arraigned before the judge; and when the procedure concerning that person
has reached an advanced stage, others would eventually be tried separately.
105. The Court holds the view that the mere fact that the Applicant was charged alone
while the testimonies
showed
that there were
several
thieves,
does
not necessarily
infringe on his right to a fair trial under Article 7 of the Charter. Indeed, in criminal matters,
liability is personal, and the fact that the other persons possibly involved in the robbery
were not found and charged, changes nothing in terms of his own possible liability. As
underscored
in Article 7(2) of the Charter, "... punishment is personal and can be imposed
only on the offender." In reality, the fact that mention was not made of the involvement of
these other persons, even if not identified, should not impact on the key question of the
possible liability of the Applicant and the punishment incurred.
106. For these reasons, the Court holds that there has, in this respect, been no violation
of the right to a fair trial as guaranteed by Article 7 of the Charter.
C) The allegation that the Prosecutor was in a situation of conflict of interest
107. At the Public Hearing,
Counsel for the Applicant pleaded that the Applicant was
convicted "in a trial through a Prosecutor who had a conflict of interest in the matter." ;that the
Applicant
knowledge
has
consistently
indicated
to the
national
courts
that
it had
come
to his
that the Prosecutor in the primary court was related to the complainant, but
that this allegation of conflict of interest has never been investigated, whereas that would
a
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