* 112. The Respondent State disputes this allegation and states that the allegation that the defence evidence was discarded or disbelieved was considered by the Court of Appeal as the Applicant had raised the allegation as his fifth ground of appeal. The Respondent State further submits that the Court of Appeal considered the matter from pages 24-25 of its judgment and held that: In short, the trial court said it did not believe his defence of alibi because it did not cast any doubt on the prosecution case. We are entirely in agreement with that court. 113. The Court of Appeal further stated: Even, while we appreciate that the appellant had no duty of proving his defence of alibi, we are however, of the settled mind that since he named his friend one James Washangira to have accompanied him to the Islands, he ought to have called him to testify on his side in order to boost up his defence. 114. For these reasons, the Respondent State argues that the Applicant’s allegation lacks merit and should be dismissed. *** 115. The Court notes from the record that the domestic courts did consider the Applicant’s defence but rejected it as it did not cast any doubt on the prosecution’s case.28 The Court, therefore, considers that the Applicant fails to demonstrate and prove that the manner in which the domestic courts evaluated evidence revealed manifest errors requiring this Court’s intervention. 28 See pages 24-27 of the judgment of the Court of Appeal (Criminal Appeal No. 313/2015). 28

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