specialised in land law, and joined the bar only a year before he was
appointed.
94. The Court observes that, having been afforded legal representation in
domestic proceedings, the Applicant was at liberty to raise the lack of
experience and expertise of the state-appointed counsel both before the trial
and appellate courts. In making this claim in the present Application, the
Applicant ought to have also substantiated the lack of experience or
expertise by proving how counsel failed to discharge specific duties falling
within their mandate.
95. In such circumstances, this Court does not have the required elements to
undertake the necessary assessment of the claims made in the present
Application. The allegation is accordingly dismissed.
96. Regarding the issue whether counsel laboured under conflict of interest, it
emerges from the proceedings before domestic courts that counsel initially
appointed in this case had first represented the Applicant and two coaccused during the preliminary hearing. However, when the charges were
dropped against the two co-accused, the same lawyer rejoined the
Applicant’s defence team.
97. This Court considers that its findings regarding the issue of experience and
expertise of appointed-counsel apply in respect of the claim that is being
examined here. A serious claim such as that of conflict of interest ought to
be backed with evidence, which is lacking in the present Application. The
mere fact that appointed-counsel was retained after charges against the
Applicant’s co-accused were dropped cannot be sufficient to establish a
conflict of interest. Especially in an instance where the state appointedcounsel was selected from a pre-determined roster under an established
legal aid scheme, evidence of specific unethical or similar behaviour is
needed to be proved to make a successful case of conflict of interest. In the
circumstances, this Court finds that such case has not been made. The
allegation is therefore dismissed.
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