paragraph 3(d), he submits that the inadequacy of the Jamaican legal aid system, which resulted in substantial delays in securing suitable legal representation, does amount to a breach of this provision. He further notes that as he did not have an opportunity to discuss his case with the lawyers assigned to his appeal, he could not possibly know that this lawyer intended to withdraw the appeal and thus could not object to his intentions. He adds that had he been apprised of the situation, he would have sought other counsel. authorized by law to exercise judicial power”, and because he was denied the means of challenging the lawfulness of his detention during the first five weeks following his arrest. 3.3 According to the author, the State party violated article 14, paragraph 3(a), because he was not informed promptly and in detail of the nature of the charges against him. Upon his arrest, he was held for several days at the central lock-up at Kingston, pending “collection” by the Westmoreland police, and merely told that he was wanted in connection with a murder investigation. Further details were not forthcoming even after his transfer to Westmoreland. It was only on 15 September 1981 that he was informed that he was charged with the murder of Owen Jamieson. 3.6 The author contends that he has been the victim of a violation of article 14, paragraph 3(c), in that he was not tried without undue delay. Thus, almost 18 months elapsed between his arrest and the start of the trial. During the whole period, he was in police custody. As a result, he was prevented from carrying out his own investigations, which might have assisted him in preparing his defence, given that court-appointed legal assistance was not immediately forthcoming. 3.4 The author submits that article 14, paragraph 3(b), was violated in his case, since he was denied adequate time and facilities for the preparation of his defence, had no or little opportunity to communicate with counsel representing him at trial and on appeal, both before and during trial and appeal, and because he was unable to defend himself through legal assistance of his own choosing. In this context, he notes that he experienced considerable difficulty in obtaining legal representation. Counsel assigned to him during the trial did not meet with him until the opening day of the trial: moreover, this meeting lasted a mere 15 minutes, during which it was virtually impossible for counsel to prepare the author’s defence in any meaningful way. During the trial, he could not consult with the lawyers for more than a total of seven minutes, which means that preparation of the defence prior to and during the trial was restricted to 22 minutes. He points out that the lack of time for the preparation of the trial was extremely prejudicial to him, in that his lawyer could not prepare proper submissions on his behalf in relation to the admissibility of his “confession statement”, or prepare properly for the cross-examination of witnesses. As to the hearing of the appeal, the author contends that he never met with, or even instructed, his counsel, and that he was not present during the hearing of the appeal. 3.7 In the author’s opinion, he was denied a fair hearing by an independent and impartial tribunal, in violation of article 14, paragraph 1, of the Covenant. Firstly, he contends that he was poorly represented by the two legal aid lawyers who were assigned to him for the trial and the appeal. His representative during the trial, for instance, allegedly never was in a position to present his defence constructively; his crossexamination of prosecution witnesses was superficial, and he did not call witnesses on the author’s behalf, although the author notes that his aunt, Mrs. Black, could have corroborated his alibi. Furthermore, counsel did not call for the testimony of a woman -the owner of the house where the accused had lived -who had given the police information leading to the author’s arrest. This, he submits, constitutes a violation of article 14, paragraph 3(e). Secondly, the author alleges bias and prejudice on the part of the trial judge. The latter allegedly admitted hearsay evidence presented by Basil Miller and several other witnesses. When author’s counsel opened his defence statement, the judge reaffirmed his desire to dispose of the case expeditiously, while he refrained from similar attempts to curtail the presentation of the prosecution’s case. He allegedly made disparaging remarks related to the case for the defence, thus undermining the presumption of innocence. Finally, the judge’s conduct of the voir dire in connection with the determination of the voluntary character of the 3.5 The author also alleges that article 14, paragraph 3(d), was violated. In this connection, he notes that, as he is poor, he had to rely on legal aid lawyers for the judicial proceedings against him. While he concedes that this situation does not in itself reveal a breach of article 14, 62

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