130. In the instant case, the Court observes that the Applicant’s contention is the
Respondent State’s use of the “coerced caution statement” to convict and
sentence him. Records on file indicate that the Second Applicant has
consistently alleged throughout the proceedings that he was forced to sign
this statement after severe beatings. The bruises and marks on his body
were also observed by the Magistrate who recorded the extra judicial
statement. This depicts a prima farcie case that corroborates his allegations
that the statement was recorded under duress.
131. The Court however also notes that there were other pieces of evidence used
to convict and sentence the Applicant including witness statements, the trial
within the trial, the identification parade, the fact that he showed the police
authorities where to find the alleged murder weapon that and the ballistics
report. Although, the method of extracting the confession and recording the
statement poses a major procedural irregularity, it cannot be said that the
Second Applicant was convicted and sentenced solely on the strength of
the disputed caution statement.
132. Accordingly, this Court holds that the Respondent State did not violate the
Applicant’s right to fair trial as enshrined under Article 7(1)(c) of the Charter
with regard to the Second Applicant’s conviction and sentence solely on the
basis of a disputed coerced statement.
vi. On the failure of the District Magistrate to order investigations into the
alleged cruel inhumane degrading treatment
133. Although this allegation was made by the Second Applicant, it affects the
First Applicant as well, since both Applicants were subjected to similar
treatment by the District Magistrate and subjected to similar treatment. The
Court will therefore include the First Applicant in its assessment.
134. The Second Applicant avers that the District Magistrate failed to carry out a
prompt medical evaluation to corroborate his allegations of torture. He
further avers that he failed to order that his injuries be photographed,
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