matter on 28 October 1983, the final day of the
trial, when he allegedly told Mr. Collins that it
was too late to act.
shot Mr. Johnson without provocation, no
plausible motive for the killing could be
advanced. The inference to be drawn from the
prosecution’s case was that Mr. Collins had
sought to buy a car from a third party via the
victim, and that he shot Mr. Johnson to avoid
paying the balance of the amount owed for the
car. Throughout the proceedings, the author
maintained that C. E. himself had committed the
crime, and that he used the author’s service
weapon after removing it from the author’s
apartment, Mr. Collins further asserts that he
never thought of not honouring his debt towards
the deceased and maintains that the balance was
paid pursuant to an agreement which he had
arranged for his bank manager to prepare. The
bank manager, D. A., confirmed this version
during the first trial.
2.9
Finally, the author indicates that one
other witness who would have been able to
provide credible testimony to the effect that C. E.
was the murderer and had in fact used the
author’s service weapon for the killing, was
prepared to give evidence on his behalf during
the second trial. This witness himself states that
he was available to give evidence during the first
trial, but was prevented from doing so by
Detective G. and C. E., who threatened to kill
him and his family if he were to testify in court.
As a result, this witness moved to a remote. part
of Jamaica. When he returned to Spanish Town,
he was assaulted by a group of individuals which
included C. E. In the circumstances, the witness
did not attend the re-trial.
2.6
During the trial in January 1982, several
witnesses, including members of the author’s
family, testified on the author’s behalf,
confirming that he was at home when the victim
was believed to have been shot. Five of the
twelve days of the trial were devoted to
testimony of defence witnesses. At the
conclusion of the trial, the jury was unable to
return a verdict. The author was ordered to be
retried and remanded in custody.
2.10
On 28 October 1983, the author was
found guilty as charged and sentenced to death.
He states that his re-trial only lasted five days
because none of the witnesses who were called to
give evidence on his behalf during the first trial
were called to do so at the re-trial. He blames this
on the actions of his counsel, H. C., and of
Detective G. In this context, he notes that his
counsel mentioned to him that he did not wish
the trial to proceed beyond Friday 28 October, as
he had other professional obligations to attend to
in another part of the country at the beginning of
the following week. The author further notes that
the jury was sent out to consider its verdict late
on a Friday afternoon thereby putting undue
pressure on it to return an early decision.
2.7
The re-trial began in the Home
Circuit Court, Kingston, on 24 October 1983.
Mr. Collins was represented by H. C., Q. C. The
author submits that Detective G. continued to
manipulate the judicial process as well as the
jurors. Justice G., who had heard previous
applications on behalf of the author in the
Portland Magistrates Court, was assigned to hear
the re-trial ; the author immediately complained
to counsel that the judge was biased against him,
in the light of the statement referred to in
paragraph 2.3 above. H. C. told him that nothing
could be done about this.
2.11
The author appealed to the Court of
Appeal of Jamaica, which dismissed the appeal
on 11 February 1986. He notes that he has
encountered many problems in obtaining a copy
of the written judgment of the Court of Appeal.
As to the possibility of a petition or special leave
to appeal to the Judicial Committee of the Privy
Council, he notes that as leading counsel in
London has opined that there is no merit in such
a petition, this remedy provides no prospective
avenue of redress.
2.8
The author notes that on 26 October
1963, two witnesses who were present in court
and ready to testify on his behalf, KS. E. H. and
Ms. El. E., saw three members of the jury board a
police car driven by Detective G. Bl. H. followed
the car to 2 quiet lane, where she found G. and
his assistant talking to the jury members,
indicating that he depended on them and asking
them not to let him down. A similar scene was
witnessed by Bl. H. on the following day, upon
which she informed counsel, in the author’s
presence, of the attempted jury tampering
witnessed by her. H. C. promised to notify the
judge but failed to do so. He was reminded of the
2.12
As to the conditions of his detention, the
author indicates that he has suffered ill-treatment
on death row on several occasions, On 28 May
1990, the author was among a number of.
prisoners searched by approximately 60 prison
warders, who not only injured the author but also
forced him to undress in the presence of other
inmates, warders, soldiers and policemen,
53
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