before the High Court on 11 December 1998 to the delivery of the decision
of the Court of Appeal from the High Court decision 27 October 2009 is
unreasonable to process and finalise the case.
105. As a consequence, the Court finds that the Respondent State violated the
Applicant’s right to be tried within a reasonable time as guaranteed by
Article 7(1)(d) of the Charter due to the lengthy period of time that the
domestic proceedings lasted.
iii. On the alleged failure of the court assessors to examine the witnesses
106. The Applicant alleges that during the trial the court assessors did not adhere
to mandatory requirements of Section 177 of the Evidence Act, which
necessitated them to cross examine the witnesses and that this resulted
into an unfair judgment being rendered.
*
107. The Respondent State avers that this allegation is not clear since the
Applicant has not demonstrated how the assessors failed to adhere to the
provisions of Section 177 of Evidence Act.
108. The Respondent State further avers “that the foregoing provision does not
mandatorily require the assessors to put questions to the witnesses.
However, during the trial of the Applicant the assessors had an opportunity
to cross-examine witnesses58 and gave their final opinion(s) to the court as
required by the law”.59
***
109. The Court notes that pursuant to Article 7(1)(d) of the Charter, every
accused individual has the right to be tried by an impartial court or tribunal.
58 See pages 8, 9, 13, 14 and 19 of the High Court Proceedings.
59 See paragraph 4 (viii) of the Respondent States Response to the Application.
30