83. The Respondent State also notes that the Court of Appeal concluded after
evaluating all the evidence that the case against the Applicant was
overwhelming.
84. The Respondent State claims that there was sufficient evidence to convict
the Applicant during the trial. It maintains that after considering all the
exhibits that were admitted in court, and after evaluating the quality of
evidence, the assessors, who are not jurists but are representative of the
Applicant’s peers in the society, firstly, found that the Applicant was guilty
of murder followed by legal reasoning of the trial judge.
85. The Respondent State further argues that the Court of Appeal considered
all the evidence raised by the defence counsel on the three grounds of
appeal. Specifically, it notes that the Court of Appeal considered those
grounds that challenged the extra-judicial statement used to establish
common purpose, founding conviction on a statement of a co-accused, and
the failure of the Applicant to cross-examine PW 3 regarding the properties
found at his residence, and that the Court of Appeal concluded that there
was sufficient evidence to convict the Applicant for the offence of murder.
86. For these reasons, the Respondent State submits that the allegations by
the Applicant have no merit and should be dismissed.
***
87. Article 7(1) provides that “[e]very individual shall have the right to have his
cause heard.”
88. The Court has previously held that:
… domestic courts enjoy a wide margin of appreciation in evaluating
the probative value of a particular evidence. As an international human
rights court, the Court cannot take up this role from the domestic courts
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