102. In the circumstances, therefore, the Court finds that the Respondent State did not violate the Applicants’ right to a fair trial by reason of relying on the caution statements. ii. Allegations relating to admission of illegally obtained caution statements 103. The Applicants contend that both the High Court and the Court of Appeal erred in considering section 169 of the Criminal Procedure Act41 in isolation when deciding to admit their caution statements. The Applicants further contend that they were not given an opportunity to be heard or to comment on the caution statements before the same were admitted. * 104. The Respondent State contends that “the allegation is misconceived and baseless as the cautioned statement Exhibit 7 was admitted and acted upon in accordance with the law.” It is also the Respondent State’s contention that section 169 of the Criminal Procedure Act was inapplicable since the 41 Section 169.(1) Where, in any proceedings in a court in respect of an offence, objection is taken to the admission of evidence on the ground that the evidence was obtained in contravention of, or in consequence of a contravention of, or of a failure to comply with a provision of this Act or any other law, in relation to a person, the court shall, in its absolute discretion, not admit the evidence unless it is, on the balance of probabilities, satisfied that the admission of the evidence would specifically and substantially benefit the public interest without unduly prejudicing the rights and freedom of any person. (2) The matters that a court may have regard to in deciding whether, in proceedings in respect of any offence, it is satisfied as required by subsection (1) include(a) the seriousness of the offence in the course of the investigation of which the provision was contravened, or was not complied with, the urgency and difficulty of detecting the offender and the urgency or the need to preserve evidence of the fact; (b) the nature and seriousness of the contravention or failure; (c) the extent to which the evidence that was obtained in contravention of in consequence of the contravention of or in consequence of the failure to comply with the provision of any law, might have been lawfully obtained; and (d) all the circumstances of the offence, including the circumstances in which the evidence was obtained. (3) The burden of satisfying the court that evidence obtained in contravention of, in consequence of the contravention of, or in consequence of the failure to comply with a provision of this Act should be admitted in proceedings lies on the party who seeks to have the evidence admitted. (4) The court shall, prior to exclusion of any evidence in accordance with subsection (1), be satisfied that the failure or breach was significant and substantial and that its exclusion is necessary for the fairness of the proceed ings. (5) Where the court excludes evidence on the basis of this provision it shall explain the reasons for such decision. (6) This section is in addition to, and not in derogation of, any other law or rule under which a court may refuse to admit evidence in proceedings. 28