“Accordingly, the institution of the lay jury cannot be called into question in
this context. The Contracting States enjoy considerable freedom in the choice
of the means calculated to ensure that their judicial systems are in compliance
with the requirements of Article 6. The Court’s task is to consider whether the
method adopted to that end has led in a given case to results which are
compatible with the Convention, while also taking into account the specific
circumstances, the nature and the complexity of the case. In short, it must
ascertain whether the proceedings as a whole were fair.”
148.
For the law to be said to comply with the procedure laid down in an
Act, it must be foreseeable contrary to what pertains to the instant case where
the whole proceedings were deprived of the appearance of having been
conducted on the basis of prescribed rules and procedures. If there were proper
rules of procedure the Senate would have been under obligation to abide by
those rules and procedures to legitimize the process. The lack of clarity in the
rules afforded the Senate unfettered rights to resort to some unorthodox means
in the trial of the Applicant which materially impaired the overall fairness of
the trial.
149.
The overall fairness of the proceedings could not have been guaranteed
merely by process of amendment to the Senate Standing Rules (Amended
Rule 63) providing for certain safeguards in the abstract. It is necessary to
examine whether the operation of the amended Senate Standing Rules in the
Applicant’s case had a compensatory effect in practical terms, rendering the
entire proceedings fair. In addition, there were several procedural
irregularities associated with the trial at the Senate which eroded any
guarantee of fairness supposed to have been enjoyed by the Applicant.
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