J) The allegation that the Applicant was convicted without the crime weapons
or
the stolen items being recovered
195. At the Public Hearing, Counsel for the Applicant submitted that at the time of his
arrest he was found neither with the crime weapons nor with the items stolen, and that he
had mentioned all that to both the trial magistrate and the appellate Judge.
196. At the same
Public Hearing,
the Respondent
State’s representative argued
that
according to the witnesses, there were weapons such as guns, a club, a machete and a
sword used to threaten the victims; that by law, all that the prosecution has to prove is
that an offensive weapon
has been used, that the Applicant was in the company of two
or more persons, and at that time or later, he used this offensive weapon to intimidate
victims.
*
197. The Court notes that the Respondent State recognises that the crime weapons have
not
been
found,
and
that the
existence
and
nature
of the
said
weapons
have
been
established based on testimonies.
198. The Court notes,
however,
that the fact that the crime weapons
have
not been
recovered does not mean that the offence of armed robbery cannot be established based
on factors
other than
physical
evidence,
provided
these
other factors
have
weighty
probative value.
199. Consequently, the Court cannot infer from the mere absence of the crime weapons,
that the Applicant did not have a fair trial under Article 7 of the Charter.
.
foes
ne
GY
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