evidence on the identity of the Applicant was corroborated by his own
brother, the co-accused Evarist Lazaro, who reported in his extra-judicial
statement recorded by the Justice of the Peace on 8 September 2003, that
it was the Applicant that had convinced him to join him in the robbery.
Accordingly, the Court finds that the Applicant’s allegation that he was
convicted on the basis of insufficient evidence to be unsubstantiated.
126. Regarding the allegation that the conviction was based on inconsistent
testimony of the prosecution witnesses, this Court observes that the High
Court found that indeed there were some inconsistencies but that they were
not fundamental and did not affect the Applicant’s guilt and conviction. It
also found that the Applicants defence did not raise any reasonable doubt
on the prosecution’s case. Furthermore, it found that the Applicant had
malice aforethought in killing the deceased. This Court also observes that
the High Court’s finding regarding the identification of the Applicant was
upheld by the Court of Appeal.
127. In light of the foregoing, this Court considers that the manner in which the
domestic courts, particularly the Court of Appeal, assessed the evidence
does not reveal any apparent or manifest error occasioning a miscarriage
of justice and that the conviction was not based on insufficient evidence as
alleged by the Applicant.
128. Accordingly, this Court holds that the Respondent State did not violate the
Applicant’s right to fair trial as enshrined under Article 7(b) and (c) of the
Charter, as read jointly with Articles 14(2) and Article 14(3)(e) of the ICCPR,
with respect to the evidential basis of the conviction.
iii.
Failure to try the Applicant within a reasonable time
129. The Applicant avers that the Respondent State unlawfully detained him over
the unduly long period of seven (7) years between his arrest and trial, which
he claims is a major breach tantamount to arbitrary detention, resulting in
the violation of his right to liberty. He submits that the egregious delay to be
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