Was the trial unfair? Not in terms of the definition that emerges from case law: a trial where the law is accurately applied to facts determined impartially. The case was not concerned with whether the legal elements of an offence were accurately applied to facts determined without bias or without improper weight being given to particular items of evidence. The issue was not substantive fairness, but procedural fairness.
Procedural unfairness can be thought of as a kind of abuse of process. Here it concerned a breach of a fundamental right. Attention is on what the officials did, not on what the defendant did.