96. The Applicant contends that in his case, he received inadequate legal
representation throughout the various stages of the criminal proceedings.
At the pre-hearing stage, he was assigned the same counsel as his brother
Evaristo Lazaro, the co-defendant, whose confession served as primary
evidence against the Applicant at the trial. This amounted to an egregious,
insurmountable conflict of interest. He adds that the fact that he was initially
jointly represented by the same lawyer, may have increased the likelihood
of his conviction.
97. The Applicant further argues that his Court-appointed counsel failed to
adequately represent his interests, in part by not consulting him during the
preparation stage. He only met with him at the commencement of the trial,
failed to raise key factual and legal issues for review, failed to object to the
admission of evidence such as the investigators report and post-mortem
report and failed to call two witnesses to testify on his behalf.
98. He argued that had his lawyer met him earlier before his trial, the outcome
could have been different. Finally, he alleges that he was not availed free
legal assistance at all to assist in his petition for review. Thus, every stage
of his defence was critically undermined by failings which either alone or
jointly amounted to manifest lack of effective legal representation, which
was tantamount to having no legal representation.
*
99. The Respondent State reiterates that the proceedings provided a fair trial
since all the requirements of Article 7 Charter were complied with. The
Respondent State further avers that if there was any misdirection, it would
have been addressed by the Court of Appeal when it reviewed the
proceedings and judgment of the High Court. In the end, the Court of Appeal
determined that there was no need to interfere with the decision of the High
Court since the Applicant was properly convicted and thus, no miscarriage
of justice was occasioned to the detriment of the Applicant.
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