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*

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