000823 i. 58. Allegation that defence witnesses were not heard The Applicant alleges that the trial court refused to order the attendance of his witnesses for examination. He claims, as a result, that he has been deprived of his fundamental right to have his cause heard in violation of Section 231(4) of the Criminal Procedure Act and Article 7(1) (c) of the Charter. 59. He also refutes the Respondent State's claim that the absence of his witnesses was due to his own negligence, adding that he was under arrest and the authorities did nothing to bring the witnesses in question before the court. Further, the Applicant stresses that he was not informed by the authorities that he could benefit from their assistance in producing his witnesses, prior to his decision to give up on calling witnesses. **rl 60. The Respondent State reiterates that the Applicant never invoked this violation before the domestic courts, notwithstanding the fact that the domestic laws provide for such right and the Applicant had, on two occasions, requested that the hearing be postponed due to the absence of his witnesses; and in the end decided to let the trial proceed without obtaining the appearance of his witnesses. *** 61. The court notes that Article 7(1)(c) of the charter states that: "Every individual shall have the right to have his cause heard. This comprises c) the right to defence..." 62. The right to effective defence includes, inter alia, the right to call witnesses for the defence.e The question arises as to whether obtaining the attendance of witnesses before the Court is the sole responsibility of the accused or whether s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa approved by the African Commission on Human and peoples, Rights (2003) - 6) Rights during a triat: "f) The accused has a right to examine, or have examined, witnesses against him or he to n the attendance and examination of witnesses on his or her behalf under same esses against him or her." t4 d--' +o <--