considered earlier while examining the Applicant's claim that the investigation was
improper and insufficient. The finding made earlier applies to the allegation of
"presumption of guill".
117. With respect to the allegation that he was treated with suspicion, the Court notes
that the Applicant does not adduce any evidence to support the claim. Regarding
the allegation that the Applicant was handed over to the police before investigations
were completed, the Court is of the view that in certain circumstances, including
where a person is being accused of committing murder, movement may be
restricted once investigations are commenced. These are generally known as
measures that are implemented to either protect the suspect prevent him or her
from tampering with vital evidence or escaping. The Court however recalls that, in
such cases, the restriction imposed must always be done under the law, which the
Applicant does not challenge in the instant case.
118. As a consequence of the foregoing, the Court dismisses the allegation of violation
of the right to be presumed innocent protected under Article 7(1 )(b) of the Charter.
iv. The right to be tried within a reasonable time
119. The Applicant alleges that he was convicted in 2010 after being arrested in October
2005 and that this undue delay infringed his right to be tried within a reasonable
time. In his oral submissions, the Applicant avers that the process of nolle prosequi
entered by the State Attorney, on account of mistakes in terms of procedure, almost
two (2) years after he was first charged violates his right to be tried without undue
delay.
120. The Respondent State does not address this allegation in its written pleadings and
did not respond to the submissions made by the Applicant on the same issue during
the public hearing.
..*
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