*
112. The Respondent State disputes this allegation and states that the allegation
that the defence evidence was discarded or disbelieved was considered by
the Court of Appeal as the Applicant had raised the allegation as his fifth
ground of appeal. The Respondent State further submits that the Court of
Appeal considered the matter from pages 24-25 of its judgment and held
that:
In short, the trial court said it did not believe his defence of alibi because it
did not cast any doubt on the prosecution case. We are entirely in agreement
with that court.
113. The Court of Appeal further stated:
Even, while we appreciate that the appellant had no duty of proving his
defence of alibi, we are however, of the settled mind that since he named his
friend one James Washangira to have accompanied him to the Islands, he
ought to have called him to testify on his side in order to boost up his defence.
114. For these reasons, the Respondent State argues that the Applicant’s
allegation lacks merit and should be dismissed.
***
115. The Court notes from the record that the domestic courts did consider the
Applicant’s defence but rejected it as it did not cast any doubt on the
prosecution’s case.28 The Court, therefore, considers that the Applicant fails
to demonstrate and prove that the manner in which the domestic courts
evaluated evidence revealed manifest errors requiring this Court’s
intervention.
28
See pages 24-27 of the judgment of the Court of Appeal (Criminal Appeal No. 313/2015).
28