109. It was the responsibility of the Courts of the Respondent to
provide the Applicant with the Court record he required to pursue his
appeal. Failure to do so and then maintain that the delay in the
hearing of the Applicant's appeal was the Applicant's fault is
unacceptable. The Applicant's case was not a complex one, the
Applicant made several attempts to obtain the relevant records of
proceedings but the judicial authorities unduly delayed in providing
him with these records.
110. Regarding the Applicant's application for review and whether it
contributed to the inordinate delay of hearing the Applicant's matters,
the Court considers this to be moot. This is because the Court has
found that there was an inordinate delay in the hearing of the
Applicant's appeal by the Court of Appeal emanating from the
original Criminal Case Number 321 of 1996.
Ill.
The alleged Denial of Legal Aid
111. The Applicant alleges that his right to free legal assistance was
violated when he was denied legal aid despite being a lay, indigent
and incarcerated person, having been charged with a serious
offence.
112. The Applicant states that Section 3 of the Legal Aid (Criminal
Proceedings) Act places a positive obligation on the certifying
authority to make a determination to grant legal aid where it is
desirable, in the interests of justice, or where the accused does not
have the means to retain legal aid. The Applicant further states that
there is no requirement under the Act stipulating that the accused