109. The record also confirms that the Court of Appeal considered the legal
propriety of admitting the Applicants’ caution statements, as manifested in
the discussion on pages 10 to 12 of its judgment. In its assessment, the
Court of Appeal confirmed that under section 169 of the Criminal Procedure
Act any evidence obtained in violation of the provisions of the Criminal
Procedure Act or any law can be challenged but that a trial court has
absolute discretion to admit or exclude such evidence. Given the latitude
offered by section 169, to admit or not admit evidence, the Court of Appeal
held that its role was to determine whether the trial court properly exercised
its discretion in dealing with such evidence.
110. In the Court’s assessment, both the High Court and the Court of Appeal,
demonstrated sufficient awareness of the possible dangers of simplistically
admitting the Applicants’ caution statements but in the exercise of discretion
vested in them by law decided to admit the statements. The Court finds,
therefore, that the record does not establish that the domestic courts abused
their discretion in admitting the statements.
111. Given the above, the Court finds that the Applicants’ have failed to prove
their allegations and, accordingly, dismisses their claim that their right to fair
trial was violated by reason of the admission of their caution statements into
evidence.
F. Alleged violation of the freedom of expression
112. Apart from indicating that their right to freedom of expression was violated,
the Applicants did not make any submissions outlining how their rights were
violated.
*
113. The Respondent State submits that “this allegation is baseless as there is
no explanation as to how the Applicants’ right to receive information to
express and disseminate their opinions within the law has been violated.” It
further submits that “the Applicants have not stated what information they
30