72. On the pro deo system, the Commission notes that, if the system or the use of
inexperienced young defence lawyers had been so fundamental to the trial of Mr.
Ping, so as to cause a miscarriage of justice and a violation of his fair trial rights,
such miscarriage of justice ought to have formed a ground of appeal in the Court
of Appeal. However from the evidences before this Commission including the
judgements of the High Court and that of the Court of Appeal of the Respondent
State, the Complainants did not mention that due process was not respected with
regards to the pro deo system in the trial of Mr. Ping, as a result of which his trial
was negatively affected. The Commission further notes that the issue of pro deo
representation never arose at the Court of Appeal.
73. The Commission further holds the view that it is responsibility of the Courts of
State Parties and not that of the Commission to evaluate the facts in a particular
case submitted before such Courts, and unless it is shown that the Courts’
evaluation of the facts are manifestly arbitrary or amounted to a denial of justice,
the Commission cannot substitute the decision of the Courts with that of its own.
It has not been shown that the Courts’ evaluation of the evidence put before them
was in anyway arbitrary or erroneous, as to result in a failure of justice in Mr
Ping’s case.28
74. The Commission finally holds the view that in the absence of the Respondent
State’s submissions, it is the duty of the Complainant to lead copious and cogent
evidence to support each and every allegation of fact contained in their
complaint. Relying on mere suspicion, no matter how strong the suspicion may
be, cannot constitute the grounds for the violation of Charter rights. To hold
otherwise would amount to speculation. The Commission finds that it is also not
28
See Communication 240/01 at para 29
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