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 35

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