the issue and concluded that there was no doubt that PW 1 duly identified
the Applicant during the incident, as the conditions on the material day and
time were favourable for a correct identification. It further avers that the
domestic courts considered all relevant facts and alleged contradictions and
inconsistencies in the prosecution case and determined that the allegations
lacked merit.
64. As regards the Applicant’s contention that the evidence of a single witness
(PW 1) should have been corroborated, the Respondent State avers that
pursuant to Section 143 of its Evidence Act, no particular number of
witnesses are required to prove any fact. It accordingly submits that the fact
that the Applicant’s conviction was based on the testimony of a single
witness is immaterial. In addition, the Respondent State avers that the
evidence provided by PW 1 did not need corroboration as the identification
of the Applicant was done under favourable conditions.
65. As a result, the Respondent State submits that the Applicant was convicted
and sentenced based on evidence which proved beyond reasonable doubt
that he was guilty as charged.
***
66. The Court notes that Article 7(1) of the Charter provides that
1.
Every individual shall have the right to have his cause heard. This
comprises:
a.
The right to an appeal to competent national organs against
acts of violating his fundamental rights as recognized and
guaranteed by conventions, laws, regulations and customs
in force;
b.
The right to be presumed innocent until proved guilty by a
competent court or tribunal;
c.
The right to defence, including the right to be defended by
counsel of his choice;
d.
The right to be tried within a reasonable time by an impartial
court or tribunal.