a. On the failure to provide effective legal representation
86. The Applicant alleges that he was unable to properly communicate with his
lawyer as he never met him outside of trial and as a result could not direct
him to collect critical evidence in his case. The Applicant alleges that his
lawyer did not arrange for an interpreter or translator, or advocate on his
behalf to ensure he was given the opportunity to speak in his own defence.
He submits that his lawyer failed to call any defence witnesses despite there
being at least three (3) witnesses who could testify to his purchase of the
bike found in his possession which the Respondent State alleged belonged
to the deceased.
87. The Applicant also alleges that his lawyer failed to safeguard his right to be
tried without undue delay and did not object to the long stay of proceedings
in his trial in 2010, which lasted more than two (2) years. He also submits
that his lawyer failed to object to evidence adduced against him by the
Respondent State. He concludes that the representation provided by his
different lawyers was ineffective and inconsistent and fell far short of the
standard of being competent, capacitated and committed, violating his right
to a fair trial.
88. The Respondent State avers that the Applicant was given legal
representation and his appeal was entertained without any constraint
before the Court of Appeal of the Respondent State. It is the Respondent
State’s contention that the Applicant’s allegation that his defence was
critically undermined for failure of the defence counsel to call defence
witnesses is baseless since he was given an opportunity and a right to call
other defence witnesses which he did not exercise.
89. The Respondent State further argues that there is nothing from the record
showing that the Applicant raised any objection before the domestic courts
relating to how his Counsel carried out their duties to the detriment of the
Applicant’s right to defence. The Respondent State contends that assuming
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