criterion in evaluating the fairness of a trial is the observance of the principle of equality of arms …….. Equality of arms which must be observed throughout the trial, means that both parties are treated in a manner ensuring their procedurally equal position. The right to adequate time and facilities for the preparation of a defence applies not only to the defendant but to his or her defence counsel as well and is to be observed in proceedings…. all stages What of the constitutes “adequate” time will depend on the nature of the proceedings and the factual circumstances in a case. Factors to be taken into account include the complexity of a case, the defendant’s access to evidence, the time limits provided for in domestic law for certain actions in the proceedings etc. See http://www.ichr.org, http://www.ichr.org. To the above, the Amnesty International Fair Trial Manual adds…. “The right to trial within a reasonable time may be balanced against the right to adequate time to prepare a defence.” All the above concepts are clearly embodied and rooted in Article 28 of our Constitution and other laws of the land. We now proceed to answer the question whether in the instant appeal, the appellants