108. Nonetheless, the Court underscores that in the context of ensuring effective
legal representation through a free legal assistance scheme, it is insufficient
for a State solely to appoint legal counsel. The State must also guarantee
that those rendering legal aid within the framework of such a scheme are
granted ample time and resources to prepare and offer a proper defence at
all phases of the legal proceedings.
109. In the instant Application, the question that arises is whether the
Respondent State discharged its obligation to provide the Applicant with
effective free legal assistance, and ensured that Counsel had adequate time
and facilities to enable the preparation of the Applicant’s defence.
110. The Court observes, from the record, that the Respondent State furnished
the Applicant with Counsel at its own expense throughout the proceedings
before both the High Court and the Court of Appeal. It is noteworthy that
during the preliminary hearing and the subsequent trial at the High Court,
the Applicant was represented by Advocates Nasimire and Mushobozi.
Additionally, at the Court of Appeal, the Applicant was provided the legal
services of Mr. Deya Outa, a learned advocate who was also assigned by
the Respondent State.
111. The Court also observes that there is no evidence on record indicating that
the Respondent State obstructed the counsel’s access to the Applicant for
consultation and defence preparation, nor is there any record of the
Respondent State denying the Applicant’s counsel the necessary time and
resources required for a comprehensive defence preparation.
112. Furthermore, the Court ascertains that there is no information to suggest
that the Applicant notified the High Court or the Court of Appeal about any
deficiencies in his counsel’s handling of his defence. The Applicant had the
freedom to raise any concerns regarding his legal representation with the
domestic courts but there is nothing on record showing that he did.
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