Applicants did not suffer any disadvantage by conducting their own
defence.
93. It is the Court’s finding, however, given that both Applicants were charged
with a serious offence, to wit rape, which carries a minimum sentence of
thirty (30) years imprisonment, and that their indigence has not been
questioned by the Respondent State, the interests of justice required that
they should have been provided with free legal assistance. This obligation
persisted regardless of whether or not the Applicants requested for free
legal assistance.
94. The Court, therefore, finds that the Respondent State has violated Article
7(1)(c) of the Charter, as read together with Article 14(3)(d) of the ICCPR,
due to its failure to accord the Applicants free legal assistance during
proceedings before domestic courts.
ii. Alleged violation of the right to have one’s cause heard
95. The Second Applicant argues that in his appeal before the Court of Appeal
he submitted a memorandum with several grounds of appeal but that some
of the grounds of appeal were not considered. It is this alleged failure to
consider his grounds of appeal that he submits amounts to a violation of his
Charter rights.
*
96. The Respondent State submits that the Second Applicant’s allegation on
this point is baseless and lacks merit since he has failed to point out which
grounds of appeal, the Court of Appeal failed to consider. It further argues
that the Second Applicant raised six (6) grounds of appeal before the Court
of Appeal which nevertheless, upon assessment, decided to consolidate
them into four (4) grounds of appeal. According to the Respondent State,
consolidation of grounds of appeal is a normal practice which happens
when an applicant has raised many issues which are interrelated. It is the
Respondent State’s submission, therefore, that the Second Applicant did
not suffer any prejudice due to the consolidation of the grounds of appeal
25