2007. It was only after the filing of this second appeal to the Court of
Appeal that, on 28 June 2007, four (4) years and six (6) months after
first requesting for the record of proceedings
High
Court (Criminal Appeal
received the record.
Number
of the appeal
at the
82 of 1998), the Applicant
However, on 15 October 2007, the Court of
Appeal struck out Criminal Appeal Number 217 of 2007 on the basis
that the Notice of Appeal was unsigned and was filed out of time.
59.
On
7
February
2008,
the
Applicant
filed
a
Miscellaneous
Application at the High Court seeking leave to file his Appeal out of
time. This application was
subsequently
granted
and
on
13 June
2008, the Applicant filed a new appeal to the Court of Appeal vide
Criminal Appeal Number 230 of 2008. This appeal was dismissed on
29 May 2009 on the basis that the prosecution had proven the case
against the Applicant in the original criminal case. The Applicant
represented
himself throughout these
that the charges
processes,
despite the fact
against him were serious offences and carried a
heavy custodial sentence and his requests for pro bono legal counsel
were not responded to.
60.
Regarding
the
Respondent's
contention
that
the
Applicant
should have applied for a constitutional petition to vindicate his rights
under the Basic Rights and Duties Enforcement Act, the Court finds
that the Applicant was not under an obligation to do so. The alleged
non-conformity by the trial court, with the due process, with its bundle
of rights and guarantees, formed the basis of his appeals to the High
Court and the Court of Appeal. The Court of Appeal decided on the
Applicant's
appeal with finality therefore
Court in the Respondent State.
he accessed
GH
Mn
the highest
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