have required the appointment of a different
prosecutor to handle the case; and that the
Applicant raised the issue of the relationship between the Prosecutor and the complainant
in court as far back as 12 August 1997.
108. At that same hearing, the Respondent State’s representative, referring to the record
of the proceedings before the national courts, explained
this regard was based on hearsay as he indicated
had a relationship with the complainant;
Prosecutor averred
that the Applicant’s complaint in
that he was told that the Prosecutor
that the court sought to know more; that
that the allegations were
not true and were
baseless;
that
the
on the
basis of this rebuttal, the court was satisfied with the matter and saw it fit to proceed with
consideration
bringing the
of the case;
and that in any case,
the Applicant
had
complaint to the Director of Public Prosecutions who
the possibility of
could have changed
the Prosecutor in the interest of justice, which the Applicant did not do.
109. The Court notes that the record of domestic judicial procedures
Applicant
had, indeed,
conflict of interest;
requested
that the
a change
Prosecutor
shows
of the Prosecutor for reasons
contested
this allegation;
that the
of alleged
but that the
court
ultimately took no explicit decision on this, and simply proceeded with consideration of
the case.
110. The Court notes that a possible conflict of interest on the part of a Prosecutor for
reasons of his alleged relationship with the complainant is a matter of crucial importance
in any trial, especially in criminal cases, as it touches on the very principle of impartiality
of judicial institutions, including prosecuting institutions, as impartiality is one of the pillars
of a
fair trial.
111. Consequently, the Court holds that, in the instant case, the national judge, before
further consideration of the case, should have pushed for further investigafions on the
32
“Bye Eo
4