lay individuals, as the Applicants are, do not often have. In this regard, the Court
notes that, in the course of the domestic proceedings, the trial Magistrate Court
and the High Court made divergent findings both in law and fact. Whereas the
trial magistrate acquitted the Applicants, the High Court reversed the acquittal
and convicted the Applicants. Furthermore, although the Court of Appeal
confirmed the decision and sentence of the High Court, it differed in its
reasoning. All these confirm the complexity of the case.
111.
In these circumstances, the Court is of the view that the interest of justice
made the provision of free legal representation particularly indispensable in the
appellate proceedings of the Court of Appeal.
112. The Court thus concludes that the failure of the Respondent to provide the
Applicants with free legal aid in the Court of Appeal was a violation of their right
to defense under article 7 (1) (c) of the Charter.
6) Allegation concerning the delay in the delivery of copies of the
judgment
i) Applicants' Submission
113. The Applicants submit that their right to a fair trial was violated by the
Respondent's failure to provide them with copies of the judgment of the Court
of Appeal in Criminal Appeal No. 48 of 2006 until about two years later. They
contend that the delay led to their inability to file a petition for a review of the
Appeal Court's judgment, and the subsequent dismissal of their Application for
extension of time to file a petition for review.
ii) Respondent's Submissions
114. The Respondent admits that the judgment in Criminal Appeal No. 48 of 2006
was delivered on 24 December 2009 and that the Applicants received the
decision of the Court of Appeal only on 2 November 2011. The Respondent
also concedes that the time in which the Applicants could have lodged a request
for review of the judgment had already expired when the Applicants received
the copies of the said judgment.
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