109.
It was the responsibility of the Courts of the Respondent
to
provide the Applicant with the Court record he required to pursue his
appeal.
Failure to do so and then
hearing
of the
unacceptable.
Applicant's
The
Applicant made
maintain
appeal
Applicant's
case
that the delay
was
the
Applicant’s
was
not a complex
in the
fault
one,
is
the
several attempts to obtain the relevant records of
proceedings but the judicial authorities unduly delayed in providing
him with these records.
110.
Regarding the Applicant's application for review and whether it
contributed to the inordinate delay of hearing the Applicant’s matters,
the Court considers this to be moot. This is because the Court has
found
that there was
Applicant's
appeal
an
inordinate
by the
Court
delay
of Appeal
in the
hearing
emanating
of the
from
the
original Criminal Case Number 321 of 1996.
Ill.
111.
| The alleged Denial of Legal
The Applicant alleges that his right to free legal assistance was
violated when
and
Aid
he was denied legal aid despite being a lay, indigent
incarcerated
person,
having
been
charged
with
a
serious
offence.
112.
The Applicant states that Section 3 of the Legal Aid (Criminal
Proceedings)
authority
Act
to make
places
a
positive
a determination
obligation
to grant
on
legal
the
aid
certifying
where
it is
desirable, in the interests of justice, or where the accused does not
have the means to retain legal aid. The Applicant further states that
there is no requirement under the Act stipulating that the accused
|
KW
43
Whe*