Alleged violation of the right to defence
59. The Applicant alleges the deprivation of his right to a fair trial on the basis
that judgment was delivered without him being given an opportunity to be
heard and to defend himself. The Respondent State disputes this allegation
without substantiation.
eK
60. The Court notes that the relevant provision relating to the alleged violation
is Article 7(1)(c) of the Charter, which provides that: “Every individual shall
have the right to have his cause heard. This comprises:
... c) the right to
defence, including the right to be defended by Counsel of his choice.”
61. The Court notes that in the instant case, the Applicant makes a general
allegation without demonstrating how he was not accorded the opportunity
to be heard or to defend himself. On the contrary, the record shows that the
Applicant was heard and had the opportunity to defend himself at all levels
of the proceedings. The Applicant listed the absence of proof of his guilt
beyond reasonable doubt, the lack of credibility of the prosecution witnesses
and the collusion between
grounds
appeal
of appeal.
during which
PW1,
PW2
He also appeared
he supplemented
and PW3 to incriminate him, as the
in person
during the hearing
his written submissions
of his
with the
assertion that the victim's parents and the police officers were never called
to testify.
62. This Court notes that the Court of Appeal observed that the Applicant's case
“... fests wholly on the credibility of witnesses. All things being equal, the
credibility of a witness is always in the province of a trial court”. Considering,
inter alia, the case of Godi Kasenegala v. the Republic — Criminal Appeal
No. 10 of 2008, the Court of Appeal noted that “It is now settled law that the
proof of rape comes from the victim herself. Other witnesses who did not
witness the incident, such as doctors, may provide corroborating evidence.”
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