that Exhibit 2 was relied upon by the appellate courts to sustain his
conviction and sentence by wrongly invoking the doctrine of recent
possession. According to the Applicant, this has violated his right to be
heard under Article 7 of the Charter.
*
74. The Respondent State disputes the Applicant’s submissions and contends
that his allegations should be put to strict proof. The Respondent State
argues that the Applicant’s trial and his appeals were conducted in
accordance with its laws and in line with international human rights
standards.
75. In this regard, it asserts that the Applicant was arrested and charged
accordingly and he was present during the preliminary hearing as well as
the trial during which he was allowed to enter his defence, call witnesses,
cross examine prosecution witnesses and consult and challenge the validity
of Exhibits. The Respondent State asserts that the Applicant was
subsequently able to exercise his right to appeal both at the High Court and
the Court of Appeal. It submits that his right to be heard was respected
throughout the trial and appellate stages.
***
76. The Court notes that Article 7(1) of the Charter provides that
1.
Every individual shall have the right to have his cause heard. This
comprises:
a.
The right to an appeal to competent national organs against
acts of violating his fundamental rights as recognized and
guaranteed by conventions, laws, regulations and customs
in force;
b.
The right to be presumed innocent until proved guilty by a
competent court or tribunal;
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