case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it." 90. The above mentioned provision of the ICCPR, Article 14(3)(d) contains three distinct guarantees. First, the provision stipulates that accused persons are entitled to be present during their trial. Second, the provision refers to the right of the accused to defend himself or herself, whether in person or through legal assistance of their own choosing. Third, the provision guarantees the right to have legal assistance assigned to accused persons whenever the interests of justice so require, and without payment by them in any such case, if they do not have sufficient means to pay for it. 91. Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR required that the Applicant be present to defend himself. The Applicant was not physically able to defend himself during the hearing of Criminal Case Number 321 of 1996 as he had been granted bail by the trial magistrate on grounds of ill health and, according to the trial record, had been admitted to hospital at thA time the defence was making its case on 24 and 25 June 1997. 92. It is worthy to note that, prior to the defence case, the Applicant was not present in Court during the mention of the case on two occasions, that is, on 20 and 26 March 1997. With regard to both occasions, when the Applicant later presented himself to Court, the magistrate was satisfied with his explanation that he failed to attend court because of his ill health. During the trial of the case, in the Applicant's absence, despite the magistrate being aware of the 37