The Applicant however submits that this omission infringed upon his right to a
fair trial under Article 7 of the Charter.
91. Refuting these allegations, the Respondent State asserts that the Applicant had
his counsel during part of the trial before the Kibaha District Magistrate Court,
adding
that
the
counsel
was
never
prevented
from
tendering
exhibits
or
evidence in support of the Applicant’s case. The record of proceedings shows
that the Applicant's counsel raised only one objection at the time of examination
of the prosecution exhibits. The Respondent State, consequently, prays the
Court to dismiss this allegation as unfounded.
92. The Court notes that in criminal cases, the right to defence as enshrined
in
Article 7(1)(c) of the Charter, includes the right to be supplied with prosecution
evidence and the right of the accused to challenge the said evidence. In the
instant case,
the
main
issue
for determination
is whether
the
Respondent
State’s alleged failure to provide the Applicant with witness statements is a
violation of the Applicant's right to defence.
93. The Court further notes from the record that, during the trial stage at the District
Magistrate Court, the Applicant was
represented
by counsel and
had the
opportunity to challenge the tendering of exhibits by the prosecution. He was
also provided with records of witness testimony. There is nothing on record
showing
that
he
was
prevented
in
any
manner
from
challenging
the
admissibility of the exhibits in question or disputing the witness testimony.
94. Accordingly, the Court finds that there has been no violation of Article 7(1)(c)
of the Charter in relation to the Applicant's right to question the admissibility of
prosecution's evidence and consequently dismisses the allegation.
27