000488 which determine the probative value of the evidence and they have a wide discretion in this respect. The Court generally defers to the decision of national courts as long as this does not give dse to a denial of justice"a. The Court adopted a concrete approach to its investigation; a public hearing was required. 7. A litigation is the sum total of litigious material factss in so far as those facts constitute essential elements of the decision. The material accuracy of such elements is consubstantial with the decision. Here is a meeting point between domestic human rights law and international human rights law6. The administration of evidence will always be a legal as wellas a practical issue. Mr. Mgosiacknowledged before the Court that he had filed two notices of appeal without being able to tender exhibits. Apart from the fact that he does not state before the Court that his appeal would have succeeded, had it been filed, it is further clear that the refusal of the State which he alleges according to the Court, is based only on his claim. He simply alleged that because of the refusal he could not defend his cause before the court of Appeal. Even if there had been no lawyer, it is possible to suppose that Mr. Mgosi, just as he was able to file the notices of Appeal, did not continue the procedure normally, in the belief that because of his heavily sanctioned offences, he was already condemned. lt may also be said that the different approaches of the applicant, some of them through defence organisations, entailed unearthing a dispute that has already been settled. The judgement states that "the president of the Mwanza District Court, on which the Bunda District Court is administratively dependent, wrote to the Applicant on 13 October 2010 to inform him that the record of proceedings in criminal cases had not yet been returned from the High Court, where they had been sent to by letter dated 7 November 2Q03"7. Similarly, it is reasonable to assume that subsequent events in which the applicant "sought the intervention of the Respondent State's Commission for Human Rights and Good Governance in his criminal cases of 1995"8 cannot be used in judicial decisions. The commission's letter of 3 July 2013, in which it informed the applicant on 1 1 May 2Q12 that the record of proceedings in respect of his cases before the Bunda District Court could not be located, does not concern the point of law raised here, that is, the deadline for appeal. ln any event, if the state had actually refused to produce the necessary documents in support of the appeal, after a certain time, the applicant would have been entitled to file his appeal, within a time which takes into account the general principle of law that a case must be heard. Mr. Mgosi was entitled to appeal without these documents, as the notice of Appeal had been filed. 4 See CADHP, NGuza Viking,28/3i2018, g 89. Mougenot (D. R.), La preuve, Larcier, Bruxelles, 2002, No. 14 -1. 6 Favoreu (L.), Challenge and evidence before the Intemational Court of Justice. About South West African Affairs, AFDI, 1965. pp. 233-277 ; v. also, the matter of the ICC, Detroit De Corfu, United Kingdom V. Albania, 25 March 1948, Rec. 1948, p. 15 ; merits, 9 April 1949, Rec. 1949,p.4 ; st, ICC, Temple d.e Preah-Vihear,26May 1961 and l5 June 1962M. Lalive, Some remarks on evidence before the Permanent Court and the International Court, Swiss Yearbook of International law, 1950, p. 97, note 72). 7 See Judgement, $ 45 and seq. 5 8 ldem, g 48. 3