000507 on the evidence of possession of stolen properties and that it failed to 'alter the offence to theft'. i. Allegation relating to the manifest error in the judgment of the Court of Appeal based on Applicant's identification 55. The Applicant alleges that the Court of Appeal 'disregarded fundamental evidence of prosecution side regarding identiflcation of the Applicant in the scene of incident and cautioned statement of the Applicant to confusion.' Hence the Court of Appeal based its judgment based on a manifest error of fact on the Applicant's identifi cation. 56. The Respondent State argues that the issue of the Applicant's identification was one of the Applicant's grounds of appeal in the Court of Appeal which was considered and determined in his favour by the Court disregarding the Applicant's identification and his cautioned statement. 57. Article 7(1) of the Charter provides that "Every individual shall have the right to have his cause heard. This comprises: a) The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; b) The right to be presumed innocent until proved guilty by a competent court or tribunal; c) The right to defence, including the right to be defended by counsel of his choice; d) The right to be tried within a reasonable time by an impartial court or tribunal." '16 I /-Y-^^^f .T) -z=? a \------*'