95. The Respondent State, therefore, submits that the allegation lacks merit and
should duly be dismissed.
***
96. The Court recalls its consideration that domestic courts enjoy a wide margin
of appreciation in evaluating the probative value of particular evidence.
97. The Court further notes from the record that the Court of Appeal
exhaustively considered the ground presented in the Applicant’s case and
demonstrated that the Applicant was not denied the opportunity to know the
contents of Exhibit 1 and 2, especially considering that the two exhibits and
their contents were the subject of detailed engagement during the trial
proceedings.
98. The Court, therefore, dismisses the Applicant’s allegation and finds that the
Respondent State did not violate his right to be heard, protected under
Article 7(1) of the Charter.
iv. Allegation relating to the visual identification
99. The Applicant submits that his right to have his cause heard was violated
because the court relied on uncorroborated, unreliable and inappropriate
evidence based primarily on a testimony of one eyewitness, one Veronica
John (PW1), who made the identification in the evening with limited visibility
and after being traumatized by the accident.
100. The Applicant also asserts that the Respondent State failed to produce the
murder weapon or any evidence of the Applicant’s alleged intent to murder,
as the proceedings in court reveals that the Applicant did not bear the
deceased and the witness any grudge, nor was he party to the land dispute
between his own sisters and the deceased.
101. The Applicant further notes that a number of discrepancies rendered the
witness untrustworthy, including the words allegedly spoken by the
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