00136
judgment was rendered on 24 May 2017, which is one year after the matter was
adjourned.
71.
conversely, the court notes that the application for review could not have been
heard without a copy thereof being filed by the Applicants. From the above
determination, they actually did so upon or after filing the present Application,
which caused a delay of over two (2) years out of the four (4) years of the review
process.
72.lnthe circumstances, this court is of the opinion that, upon submission of the
required document, it actually took the Court of Appeal about two (2) years to
complete the review process. such time cannot be said to be unreasonable in
a case involving murder punishable by death, where the Court of Appeal
required sufficient time for an ultimate ruling, and bearing in mind scheduling
constraints in the domestic judicial system.
73. As a consequence of the foregoing, the
court finds that the Respondent state
has not violated Article 7(1)(d) of the Charter.
ii.
The right to be heard
74.The Applicants allege that there were grave variances between the testimony
of two of the prosecution witnesses, which are pW1 and pW2. ln support of
that contention, they stress the fact that one of the witnesses testified that he
"[sic] managed to get out of the house through a window (the only one without
mash wire) and he stepped out a pace closer to the bandits next to the armed
bandit and flashed on a torch to identify them." The Applicants submits that
"[sic] this would have been an exceptional act of brevity, had it happened,,. The
Applicants do not however state how the evidence by the two witnesses were
at variance.
75. The Applicants also aver that the manner in which the prellminary investigations
were conducted allowed the police officer in charge to make up the case. They
submit in that respect that the said police officer handled the whole process
2t
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