Applicant's sureties, he did not enquire from them as to the
Applicant's whereabouts.
93.
Given the serious nature of the offence that the Applicant had
been charged with, the fact that the magistrate had granted the
Applicant bail on the basis of his serious ill health and that he was
unrepresented, warranted the Court to have more consideration for
the Applicant and adjourn the proceedings to give him the
opportunity to defend himself.
94.
It is also important to note that, from the record, the Applicant
was never prosecuted for jumping bail. This would suggest that the
court was aware of the reasons for his absence during the trial at the
time of his defence. It would, in the circumstances have been prudent
for the trial magistrate to make an enquiry on the whereabouts of the
Applicant, especially because, from the trial record, the Court had
knowledge of the Applicant's ill health.
95.
The Court is fortified in its reasoning by the decisions of the
African Commission and the European Court of Human Rights and
the Inter-American Court of Human Rights, which are courts of
similar jurisdiction.
96.
The African Commission considered the right to defenci
oneself,
in Avocats
Sans Frontieres (on behalf of Gaetan
Bwampamye) v Burundi and held that the right implies an accused's
presence at each stage of the proceedings. 10
10
Communication 231/99 14th Activity Report 2000-2001 paragraph 28.