99.
In the circumstances,
the Court finds that the Applicant was
denied the right to be heard and to defend
himself in respect of
Criminal Case Number 321 of 1996.
IL.
The
alleged
Inordinate
Delay
in
the
Appellate
and
Review Proceedings
100.
The Applicant alleges that there has been an inordinate delay
in the hearing
or determination
of his
Notice for Review
of the
judgment of the Court of Appeal.
101.
The
Respondent
states
that
the
alleged
delays
in
the
Applicant's Appeals have been caused by the Applicant and that he
has been afforded ample opportunity to keep pursuing
The
Respondent avers that the Applicant even
his appeal.
received guidance
from the Court on how to seek extension of time to file his Notice of
Appeal out of time. The Respondent maintains that their records do
not show that the Applicant filed any application for review.
102.
which
The applicable law in this regard is Article 7(1)(d) of the Charter
provides for ‘The right to be tried within a reasonable time by. an
impartial court or tribunal.” in determining whether this right has been
violated, the Court has to assess whether the trial was concluded
within a reasonable time. The standards to be applied in this regard
have been set out in jurisprudence.
defend himself personally or engage his own counsel within the time period established by law
Ly}
40
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