99. The Court further observes that the record of proceedings at the High Court
shows two (2) interrelated adjournments. The Court notes that the
Prosecution closed its case on 30 November 2010. On the same day, the
Applicant’s defence lawyer sought leave of the Court to begin the defence
case. The trial judge dismissed this prayer as, “the case was fixed for trial
for only two (2) days and today is the last day for this case”. For the court,
the alternative was to adjourn the case to another date. At the behest of the
court, this date was to be fixed by the District Registrar who, on 8 July 2011,
set the period from 26 July 2011 to 27 July 2011 for the defence to stage its
case.
100. In light of the above, the nature of the offence and the trial on the whole, the
Court finds that the period of nine (9) months and sixteen (16) days taken
to conclude the trial is reasonable. Consequently, the Court finds that the
Respondent State did not violate Article 7(1)(d) of the Charter by reason of
the time it took to conclude the Applicant’s trial before the High Court.
ii. Alleged bias during the Applicant’s trial
101. The Applicant alleges that the trial court violated Article 7(1)(b) of the
Charter by contravening the principle of presumption of innocence and by
shifting the burden of proof to the Applicant when it observed that it was
inconceivable why the Applicant failed to call witnesses to corroborate her
defence. Additionally, the Applicant alleges that the record of proceedings
demonstrates that the assessors cross-examined witnesses throughout the
proceedings, which is unlawful.
102. In her Reply, the Applicant submits that the trial judge was prejudiced
against her, which was demonstrated in two (2) respects, first, by relying on
the prosecution’s “discriminatory preconceptions” that the Applicant is a
“cruel woman”, rather than on the evidence of guilt. Second, the trial judge
did not take into account the mitigating circumstances of the Applicant
during sentencing.
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