the Applicant’s submissions. The pleadings having been closed, the Parties could explanation, not make provided fresh arguments. by the Respondent Therefore, regarding the said the record of proceedings in the Appeal at the Court of Appeal will be disregarded and will not affect the decision of the Court on the merits of the Application. The Merits L The alleged Denial of the Right to be Heard and to Defend Oneself 81. The Applicant alleges that he was denied the right to be heard and to defend himself because the trial court proceeded to hear the case in his absence. was admitted in During the trial, the Applicant alleges that he hospital for eight (8) months, pulmonary tuberculosis and asthmatic statae. suffering from He also alleges that even after he was convicted in absentia, he was also not allowed to provide the trial court with reasons for his absence, pursuant to section 226(2) of the Criminal Procedure Act which reads: “If the court convicts the accused person in his absence, it may set aside the conviction, upon being satisfied that his absence was from causes over which he had no control and that he had a probable defence on the merit.” 82. The Respondent contends that section 226(1) of the Criminal Procedure Act provides for circumstances in which a court can proceed with a hearing and convict and sentence an accused person in absentia. The Respondent puts the Applicant to strict proof An. 34 _& NE |