“The Court must stress, in that context, the importance of the
investigation stage for the preparation of the criminal proceedings, as
the evidence obtained during this stage determines the framework in
which the offence charged will be considered at the trial…Thus, Article
6 – especially paragraph 3 thereof – may be relevant before a case is
sent for trial if and in so far as the fairness of the trial is likely to be
seriously prejudiced by an initial failure to comply with its provisions.”
109.
The Court also decided that:
“In the Court’s view, affording the defendant the opportunity to have a
key prosecution witness questioned at least during the pre-trial stage
and via his counsel constitutes an important procedural safeguard
securing the accused’s defence rights, the absence of which weighs
heavily in the balance in the examination of the overall fairness of the
proceedings under Article 6 §§ 1 and 3 (d).”
110.
This Court while making a declaration on the due process of the law in
the case of JUSTICE JOSEPH WOWO V. THE REPUBLIC OF GAMBIA
(2019) ECW/CCJ/JUD/09/19 (Unreported) held that:
“as regards the pre-trial stage(inquiry, investigation), the Court
considers criminal proceedings as a whole including pre-trial stage of
the proceedings, since the fairness of the trial is likely to be seriously
prejudiced by an initial failure to comply with the necessary procedural
rights of the accused.”
This Court has also made the effort in the interest of justice to study the
impeachment proceedings of the United States President as urged by the
Respondent and discovered that, not only was a rule of procedure produced
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