misdirections on the issue of identification
constituted the main ground of appeal and that the
Court of Appeal, having found no fault with them,
dismissed the appeal. Similarly, the petition for
special leave to appeal to the Judicial Committee of
the Privy Council was based on the issue of
identification. As to the refusal to give leave to
appeal, counsel argues that, in view of the fact that
the Privy Council limits the hearing of appeals in
criminal cases to cases where, in its opinion, some
matter of constitutional importance has arisen or
where a "substantial injustice" has occurred, its
jurisdiction is far more restricted than that of the
Human Rights Committee.
were confronted by the three men; Michael Demercado
was then shot dead by the author.
2.3 The prosecution's case rested on the
identification evidence of Carmen Hanson's common
law husband, Tyrone Wiggan, and their son, Owen.
Carmen Hanson testified that the assailants had been
masked; she could not identify the author.
2.4 Tyrone Wiggan testified that, during the
robbery, he was in his bedroom, opposite to the room
where his wife was assaulted; the light in the latter
room was turned on. He stated that he could observe
the author, who was masked, through a one foot space
at the bottom of the bedroom door; although the
author had his back turned towards him for most of
the time, he recognized the author, whom he had
known for two or three years, from the slight hunch in
his back and from certain other features. He further
testified that, when the author left the room, he was
able to see him from the front for two seconds.
3.4 It is submitted that during the preliminary
inquiry the author was represented by a privately
retained lawyer, who only took a short statement
from him. The lawyer resigned, because he was not
satisfied with the fees he was paid, while the
proceedings in the Gun Court were still pending. The
author was then assigned a legal aid lawyer. The
author alleges that he first met with his lawyer just
before the trial started, and complains that the lawyer
did not adequately represent him, which, according
to the author, is due to the fact that legal aid lawyers
are paid "little or no money". As to the appeal, it is
submitted that the author probably had no choice as
to his lawyer, nor the opportunity to communicate
with him prior to the hearing. In this context, it is
submitted that counsel for the appeal informed
counsel in London that he could not recall when he
had visited the author and for how long he had
spoken to him, and that he was paid the "princely
sum of about 3 pounds to argue the appeal".
2.5 Owen Wiggan testified that he faced the
author, whom he knew since childhood, from a
distance of 10 feet, for about three minutes. He
stated that he was able to recognize the author as the
street light in front of the house illuminated the
entrance where the three men were standing, and that
he saw the author firing at Michael Demercado. He
further stated that he had seen the author earlier that
evening at the party, where he had been involved in
an argument with the deceased.
2.6 The defence was based on alibi. The author
gave sworn evidence in which he denied having been
at the party and testified that he had been at home
with his girlfriend, going to bed at 8 p.m. and
awaking at 6 a.m. the following morning. This
evidence was corroborated by his girlfriend.
3.5 It is argued that the facts mentioned above
constitute a violation of article 14, paragraphs 1 and
3 (b), of the Covenant. In view of the above, it is
also submitted that the imposition of a sentence of
death upon the conclusion of a trial in which the
provisions of the Covenant have been violated
constitutes a violation of article 6, paragraph 2, of
the Covenant.
Complaint
3.1 Counsel submits that there were serious
weaknesses in the identification evidence, namely,
that identification occurred at night, that Tyrone
Wiggan had a limited opportunity to obtain a front
view of the assailant and that he partly identified
the author because of his nose and mouth despite
the fact that the assailant was masked. Counsel
further submits that it appears from Owen Wiggan's
statement to the police that he did not identify the
author, whereas at the trial he stated to the police
that the author was the assailant.
3.6 The author claims that he was beaten by the
police upon his arrest, in violation of articles 7 and
10, paragraph 1, of the Covenant.
3.7 Counsel argues that in view of the fact that
the author was sentenced to death on 16 November
1988, the execution of the sentence at this point in
time would amount to cruel, inhuman and degrading
treatment, in violation of article 7 of the Covenant.
Counsel asserts that the time spent on death row
already constitutes such cruel, inhuman and
degrading treatment. To support this claim, counsel
refers to a report on the conditions in St. Catherine
District Prison prepared by a non-governmental
organization in May 1990.
3.2 Counsel notes that the author was not placed
on an identification parade; he submits that in a case
in which the prosecution relies solely on identification
evidence, an identification parade must be held.
3.3 As to the trial, counsel submits that the trial
judge failed to direct the jury properly about the
dangers of convicting the accused on identification
evidence alone. Counsel submits that the judge's
19
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