111. Consequently, the Court holds that, in the instant case, the national judge, before further consideration of the case, should h:2ve pushed for fu; inveJons)~; 5?=-~ o~ #V~s__ ~ issue of conflict of interest, asking the Applicant to substantiate and prove his allegations; and then make a formal decision on the issue. As the judge did not take any of these actions, but merely chose to proceed with the trial, the Court holds that the Respondent State has violated the right of the Applicant to a fair trial under Article 7 of the Charter. As the dictum goes, "justice must not only be done but must be seen to be done15".