000180
from the scene of the crime and recovered from the co-accused. Mr. yusuf Bwiru
arrived at the scene of the crime immediately after the attackers left and found the
victims terrified and crying for help and all of them named the Appticant and his coaccused as attackers.
71.
The Court further notes from the record that during the trial, the Applicant did
not contest the use of the exhibits as evidence. ln their statement to the Regional
Commander, Mr. Anthony Michack, the victims also gave a consistent account of the
crime and the identity of the robbers. The Applicant did not invoke any apparent
reason as to why the victims could lie nor did he offer a counter evidence to refute
the testimony proffered by prosecution witnesses. The evidence secured from the
victims' visual identification forms part of a consistent account of the scene of the
crime and the identity of the Appticant.
72.
The Applicant's allegations that the victims did not state the distance between
the intruders and them, that he was arrested only after two days, that the intruders
would not count the money in front of the victims knowing that the latter knew them
and that the victims did not state the direction and location of the lamp are all details
that concern particularities, the assessment of which should be left to the domestic
courts.
73.
ln view of the above, the Court is of the opinion that the manner in which the
domestic courts evaluated the facts or evidence does not disclose any manifest error
or resulted in a miscarriage of justice to the Applicant and hence, requires the
Court's deference. The Court therefore dismisses the allegation of the Applicant that
the evidence of visual identification relied upon by the court of Appeal was
erroneous.
ii.
The Allegation on failure to provide legalassistance
74.
The Applicant contends that the Respondent State has violated Articte 7 (1)
(c) of the Charter. The Applicant further submits that with "the inequality of arms in
the Respondent state's prosecution system, whereby there is, on the one hand, the
State Prosecution backed by professional lawyers; and on
other, the Applicant
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