98. The Court notes, in particular, in the ruling by the Respondent State’s Court
of Appeal, that the Court of Appeal considered that “an application for
extension of time to apply for review […] must disclose sufficient cause or
good ground as per rule 66(1) of the 2009 Court of Appeal rules” and that
that “[n]o such good cause predicated on Rule 66(1) of the Rules has been
shown here”.31 The Court of Appeal, accordingly, held that “as the
applicants have failed to cross the legal threshold set by prevailing
jurisprudence, but are seeking an extension of time because they were only
dissatisfied with the Court’s decision”, For this reason, it rejected the
application and dismissed it in its entirety.32
99. This Court, furthermore, notes that there is nothing on the record to support
the Applicant’s claim that the conduct of the Respondent State’s Court of
Appeal led to a violation of his right to be heard.
100. In these circumstances, the Court finds that the Respondent State did not
violate the Applicant’s right to be heard, as protected under Article 7(1) of
the Charter.
B. Alleged violation of the right to non-discrimination
101. The Applicant alleges that the Respondent State violated his right to nondiscrimination protected under Article 2 of the Charter.
*
102. The Respondent State disputes the Applicant’s claims and asserts that at
no time was he discriminated against, in violation of Article 2 of the Charter.
The Respondent State further claims that the Applicant was properly
subjected to the criminal procedure of the Respondent State and that he
was not targeted for his race, ethnic grouping, colour, sex, language,
religion, political or any other opinion, national and social origin, fortune,
31
32
Ibid, page 7.
Ibid, page 8.
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