judgments, that the case against the Applicant had been proved beyond a
reasonable doubt.33
89. In the circumstances, the Court finds that the evidence in the Applicant’s
trial was evaluated in conformity with the requirements of fair trial and the
procedures followed by the national courts in dealing with the Applicant’s
appeals did not violate Article 7(1) of the Charter. The Court also finds that
the assessment of the evidence by the domestic courts was not done in a
manner discriminatory to the Applicant as opposed to other litigants in
similar circumstances. Further, the Applicant has not provided evidence that
any other law or statute applied in the proceedings involving him runs
counter to the right to non-discrimination, equality before the law and equal
protection of the law in violation of Articles 2 and 3 of the Charter.
90. In light of the above, the Court is of the opinion that the manner in which the
national courts evaluated the facts and evidence and the weight they gave
to them does not disclose any manifest error or miscarriage of justice to the
Applicant which requires this Court’s intervention.
91. The Court, therefore, dismisses the Applicant’s allegation that his conviction
was against the weight of the evidence on record. The Court finds that the
Respondent State did not violate Articles 2, 3 and 7(1) of the Charter read
jointly in respect of the consideration of evidence regarding the Applicant’s
conviction.
C. Alleged violation of the right to defence
92. The Applicant alleges that the justice of appeal erred in law and facts by
failing to observe that the defence witnesses were not summoned in
contravention of Section 231 of the CPA, Cap 20 RE 2002 and Article
13(6)(a) of the Constitution of the Respondent State. The Applicant claims
33
Jackson Godwin v. The Republic, Criminal Appeal No.45 of 2014, supra, pages 8-9; and Jackson
Godwin v. The Republic, Criminal Appeal No. 278 of 2015, supra, page 7.
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