the Applicants, the documents pertaining to their arrest suggested that the
Cannabis Sativa weighed Two hundred and ninety kilogrammes (290kgs)
while the evidence tendered following examination by the government
chemist suggested that the weight was Three hundred seventeen two
hundred sixty-eight point sixty-nine (317 268.69 grams). They also submit
that the evidence did not clearly establish the type of bags in which the
Cannabis Sativa was found.
*
58. For its part, the Respondent State disputes the Applicants’ arguments and
submits that this issue was also raised by the Applicants before the Court
of Appeal which interrogated the matter and dismissed the allegations.
According to the Respondent State, “the Applicants were represented by
counsel and when the Court of Appeal showed counsel how the weight of
the drugs had been resolved during trial to be 317 68.69 grammes, defence
counsel abandoned the ground of appeal as the matter had been resolved.”
***
59. The Court recalls that Article 7(1) of the Charter provides as follows:
1.
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.
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