and ultimately held that the applicants were properly identified at the crime
scene.
***
64. The Court notes that while the issue raised by the Applicants is in relation
to evidence used in domestic courts, their allegation is that the manner in
which issues of evidence were examined led to a violation of their rights to
equality before the law and equal protection of the law.
65. With respect to the right to equal protection of the law, the Court notes that
Articles 12 and 13 of the Respondent State’s Constitution provide for the
said right in terms that are similar to those of the Charter. It is worth noting
that the Applicants have not provided evidence that any other law or statute
applied in the proceedings involving them runs counter to the right to equal
protection of the law. The Court also notes, from the record of the present
Application, that there is no evidence to the effect that domestic proceedings
were conducted based on any law or statute, which includes different
provisions in respect of the Applicants as opposed to other litigants in terms
of both the burden of proof and evidentiary issues.
66. As far as the right to equality before the law is concerned, this Court notes
that, as it emerges from the records, the Court of Appeal examined all
evidence submitted by the prosecution but eventually discarded such
evidence, which appeared to be contradictory. The Court of Appeal also
assessed all evidence tendered in the case against the Applicants and
reached the conclusion that the prosecution had proven the case beyond
reasonable doubt as required by the standards applicable in such
circumstances. Consequently, it cannot be said that the right to equality
before the law was breached simply because the Court of Appeal ultimately
discarded contradictory evidence which the Applicants claim could have
been in their favour.
17