102. The Respondent State disputes the allegation by the Applicant and claims
that the Court of Appeal carefully evaluated and examined all the grounds
of appeal and evidence on record. The Respondent State asserts that the
Court of Appeal rightfully found that the Applicant had not raised any good
ground upon which it could fault the findings of facts of the prior courts, and
that the identification evidence given by PW1 and PW2 sufficiently and
without doubt links the Applicant to be one of the armed robbers who raided
the residence of PW1.
***
103. The Court has previously held that:
… domestic courts enjoy a wide margin of appreciation in evaluating
the probative value of a particular evidence. As an international human
rights court, the Court cannot take up this role from the domestic courts
and investigate the details and particularities of evidence used in
domestic proceedings.32
104. The above notwithstanding, the Court can, in evaluating the manner in
which domestic proceedings were conducted, intervene to assess whether
domestic proceedings, including the assessment of the evidence, was done
in consonance with international human rights standards.
105. The record before this Court shows that the Court of Appeal exhaustively
considered the evidence presented in the Applicant’s case. The Court
further considers that the Applicant failed to demonstrate and prove that the
manner in which the Court of Appeal evaluated evidence revealed manifest
errors requiring this Court’s intervention.
106. The Court, therefore, dismisses the Applicant’s allegation and finds that the
Respondent State has not violated his right to be heard, protected under
Article 7(1) of the Charter.
32
Isiaga v. Tanzania (merits), supra, § 65.
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