Mr. Pinkney were contained in letters of 11 and 15 July
1979 and 21 and 22 February 1980.
7. From the information submitted by the parties,
the following facts concerning these claims have been
estabhshed:
5. Mr. Pinkney claims (a) that he is the victim of a
mistrial in Canada in regard to the criminal charges
brought against him, (b) that he has been prevented
from appealing against the deportation order, which is
due to come into effect upon his release from prison,
and (c) that he has been subjected to ill-treatment
because of his race. He alleges that, in consequence, the
State party has violated articles 10 (1) and (2) (a), 13,
14 (1) and (3) (b), 16 and 17 (1) of the International
Covenant on Civil and Political Rights.
Larry James Pinkney was convicted by the trial court
on a charge of extortion on 9 December 1976. Sentence
of five years' imprisonment was pronounced on
7 January 1977. On 8 February 1977, Mr. Pinkney
sought leave to appeal from his conviction and from his
sentence to the British Columbia Court of Appeal. His
appeal, however, was not heard until 34 months later.
This delay, which the government of British Columbia
described as "unusual and unsatisfactory", was due to
the fact that the trial transcripts were not produced until
June 1979 after the application for leave to appeal was
made. Mr. Pinkney alleges that the delay in the hearing,
due to the lack of the trial transcripts, was a dehberate
attempt by the State party to block the exercise of his
right of appeal. The State party rejects this allegation
and submits that, notwithstanding the efforts of of
ficials of the Ministry of the Attorney-General of British
Columbia to hasten the production of the trial
transcripts, they were not completed until June 1979,
"because of various administrative mishaps in the Of
ficial Reporters' Office". On 6 December 1979, that is
34 months after his application for leave to appeal, the
British Columbia Court of Appeal heard the applica
tion, granted leave to appeal and on that same day, after
hearing Mr. Pinkney's legal counsel, (a) dismissed the
appeal against conviction, which had been based on the
ground that Mr. Pinkney had not been able to defend
himself properly, because of the inability of the
authorities to produce the missing briefcase and (b) ad
journed the appeal against sentence sine die, to be heard
at a time convenient for Mr. Pinkney's counsel.
(a) The claims concerning the alleged mistrial
6. Mr. Pinkney's allegations relating to these claims
are as follows:
Prior to his arrest in May 1976, he had spent over
three months in Vancouver compihng specific informa
tion on alleged smuggling activities of certain East In
dian Asian immigrants in Canada, involving smuggling
out of Africa into Europe, Canada and the United
States, with the complicity of Canadian immigration of
ficials. He maintains that he was doing this work on
behalf of the Governing Central Committee of the
Black National Independence Party (BNIP) with a view
to putting an end to these illegal activities, which he con
tends were to the detriment of the economy of African
countries. The author further indicates that, during the
period prior to his arrest, he managed to establish con
tact with a relative of the persons involved in the smug
gling of diamonds and large sums of money from
Kenya, Tanzania, Uganda and Zaire into Canada. He
states that the relative revealed to him many details
about her uncle's smuggling activities, that he recorded
this information on tape, that he made copies of the let
ters showing dates and amounts of transactions, names
of people involved and other details and that he placed
this material in a brief-case kept in a 24-hour public
locker. He asserts that in one of the letters which was
copied reference was made to a gift in cash to certain
Canadian immigration officials for their assistance and
also to the need to pay more money to a BOAC airline
pilot for his help. The author maintains that he
periodically informed the Central Committee of the
BNIP and a security official at the Kenyan Embassy in
Washington of his investigation by telephone and that
he recorded these conversations and placed the tapes in
the briefcase. The author maintains that after he was ar
rested, in May 1976, the brief-case was discovered and
confiscated by the роИсе and that the material necessary
for his defence mysteriously disappeared before his
trial. He states that these facts were ignored by the trial
court, that he was accused of having used the informa
tion in his possession with a view to obtaining money
from the persons allegedly responsible for the smugghng, and that he was convicted on the basis of evidence
which had been tampered with and distorted but which
was nevertheless presented by the pohce and crown at
torney.
8. According to the judgement of the Court of Ap
peal dismissing the appeal against conviction, Mr.
Pinkney, following his arrest, had directed police of
ficers to a locker in a bus depot in Vancouver, from
which they took, in his presence, two briefcases contain
ing documents belonging to him. The State party con
tended that the contents of these two brief-cases were
not the subject of the controversy that arose, during the
trial, when Mr. Pinkney asserted that a third briefcase
has been kept at his residence, containing the documents
which he maintained were of relevance to his defence.
The authorities, however, disavowed any knowledge of
the existence of a third brief-case. The Court of Appeal
concluded that Mr. Pinkney's submissions concerning
the third brief-case were too vague to support his con
tention that it had existed.
9. With regard to these claims, the State party has
argued that the author of the communication has not
exhausted domestic remedies and that his claims in this
respect should be declared inadmissible pursuant to arti
cle 5 (2) Ф) of the Optional Protocol. It is submitted by
the State party (a) that, if Mr. Pinkney continues to feel
aggrieved by this most recent decision, he can, with
leave of that Court, take a further appeal, on any ques
tion of law, to the Supreme Court of Canada "within
twenty-one days after the judgement appealed from is
13
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