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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