It was following from this that the confession statement and the other
documentary evidence was admitted.
100. The Court also notes that the question of the admissibility of the Applicant’s
confession statement was addressed by the Court of Appeal. The Court of
Appeal noted that the objection should have, ordinarily, been brought up
before the High Court. Nevertheless, it went ahead and examined the
validity and admissibility of the confession statement and the evidence
presented by the prosecution. The Court of Appeal concluded that the
Applicant was convicted not only based on the confession statement but
also due to the testimony of the other prosecution witnesses who had been
found to be credible.
101. In this regard, the Court of Appeal emphasised that the Applicant had first
confessed to PW1 in confidence and also confessed later before a large
gathering in the presence of PW1, PW2, PW3, PW4 and PW5. The Court
of Appeal further noted that the statements by the witnesses were very
similar in content to the confession statement by the Applicant. It thus
concluded that there was sufficient evidence to convict the Applicant.
102. In its assessment, the Court does not see any manifest error or anomaly in
the domestic courts’ assessment of the evidence relied upon to convict the
Applicant such as to warrant its intervention.
103. Consequently, the Court finds that the Respondent State has not violated
the Applicant’s right a fair trial under Article 7 of the Charter.
D. Alleged violation of Article 1 of the Charter
104. The Applicant alleges that by convicting him based on unlawfully obtained
evidence and torturing him, the Respondent State has violated Article 1 of
the Charter.
*
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