87. Consequently, the Court finds that the Respondent State has violated the
Applicant’s right to be tried within a reasonable time guaranteed under
Article 7(1)(d) of the Charter.
ii.
Alleged violation of the right to have effective representation
88. The Applicant alleges that his attorneys did not have adequate time or
facilities to prepare his defence, and one of them laboured under a conflict
of interest having defended two co-accused of the Applicant at an earlier
stage of the same case. According to the Applicant, state-provided
attorneys in the Respondent State are poorly paid and, in the present case,
could not afford the costs of travel to the prison. Additionally, his second
appointed counsel was inexperienced as he had been called to the bar only
a year before his appointment. He also avers that the Respondent State
denied him access to his attorneys; time, funds and facilities to conduct full
investigation into his social and health history and funds to summon
witnesses. The Applicant also avers that his lawyers did not identify or call
any defence witnesses and that he had only two brief meetings with them
before the trial.
89. In its response to the initial Application, the Respondent State submits that
the Applicant was defended by state-appointed counsel before the High
Court and the prosecution witnesses were cross-examined. The
Respondent State further submits that the Applicant entered his defence
and exercised his right to appeal, and the allegations, therefore, lack merit
and should be dismissed.
***
90. Article 7(1)(c) of the Charter provides that every individual shall have “the
right to defence, including the right to be defended by counsel of his choice”.
91. The Court recalls that the above stated right should be understood not
strictly as having to choose one’s own counsel but more importantly that
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