search him. The discrepancy was also not addressed before or by the Court of Appeal. The first to raise the point was counsel before the Judicial Committee of the Privy Council, who made the point the central issue of the author’s petition for special leave to appeal, although as a matter of law the Judicial Committee could not consider it. The Human Rights Committee thus is the first instance to consider this point on its merits. on the contrary say that it was consistent with it. However, I believe, as the Committee, that the judge should have told the jury not only about how they must evaluate the testimony of the pathologist in respect of the cause of death but also in respect of the time of death. He could not reasonably assume that what he knew about margins of uncertainty and errors of appreciation was also known to the members of the jury. However, I do not think that this omission affected the deliberations of the jury negatively. As the estimation was not in conflict with the other evidence, and this other evidence was indeed convincing, there is in my view no reason to conclude that there has been a denial of justice. I note in this context that the Court of Appeal, when dismissing the author’s appeal, stated that “this was in fact one of the strongest cases against an accused that we have seen. I believe that an explanation for the situation described above is easy to find. The pathologist’s testimony contained no more than a mere estimation, and it is known that it is impossible to determine the time of death with exactitude in a case such as the present one. Pathologist’s estimations must allow for a broad margin of uncertainty. This implies that the pathologist’s estimation did not really conflict with the remainder of the evidence against the author. I would 107