000180 from the scene of the crime and recovered from the co-accused. Mr. yusuf Bwiru arrived at the scene of the crime immediately after the attackers left and found the victims terrified and crying for help and all of them named the Appticant and his coaccused as attackers. 71. The Court further notes from the record that during the trial, the Applicant did not contest the use of the exhibits as evidence. ln their statement to the Regional Commander, Mr. Anthony Michack, the victims also gave a consistent account of the crime and the identity of the robbers. The Applicant did not invoke any apparent reason as to why the victims could lie nor did he offer a counter evidence to refute the testimony proffered by prosecution witnesses. The evidence secured from the victims' visual identification forms part of a consistent account of the scene of the crime and the identity of the Appticant. 72. The Applicant's allegations that the victims did not state the distance between the intruders and them, that he was arrested only after two days, that the intruders would not count the money in front of the victims knowing that the latter knew them and that the victims did not state the direction and location of the lamp are all details that concern particularities, the assessment of which should be left to the domestic courts. 73. ln view of the above, the Court is of the opinion that the manner in which the domestic courts evaluated the facts or evidence does not disclose any manifest error or resulted in a miscarriage of justice to the Applicant and hence, requires the Court's deference. The Court therefore dismisses the allegation of the Applicant that the evidence of visual identification relied upon by the court of Appeal was erroneous. ii. The Allegation on failure to provide legalassistance 74. The Applicant contends that the Respondent State has violated Articte 7 (1) (c) of the Charter. The Applicant further submits that with "the inequality of arms in the Respondent state's prosecution system, whereby there is, on the one hand, the State Prosecution backed by professional lawyers; and on other, the Applicant )YQ l8 @-

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