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 Applicant the was Applicant not physically hearing of Criminal Case granted be present able Number to defend to defend 321 himself of 1996 bail by the trial magistrate on grounds according to the trial record, had been himself. The during as he had been of ill health and, admitted to hospital at the time the defence was making its case on 24 and 25 June 1997. 92. was the - Itis worthy to note that, prior to the defence case, the Applicant not present in Court during the mention occasions, that is, on 20 and 26 March of the case on two 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 <—CTA_~ aware of the 37