The State party’s objections to the admissibility decision of the provision; guaranteeing the rights of the individual. Section 25, paragraph 2, stipulates that the Supreme (Constitutional) Court may “hear and determine” applications with regard to the alleged non-observance of constitutional guarantees, but limits its jurisdiction to such cases where the applicants have not already been afforded “adequate means of redress for the contraventions alleged” (section 25, paragraph 2, in fine). The Committee further noted that the State party had been requested to clarify, in several interlocutory decisions, whether the Supreme (Constitutional) Court had had an opportunity to determine the question whether an appeal to the Court of Appeal and the Judicial Committee of the Privy Council constitute “adequate means of redress” within the meaning of section 25, paragraph 2, of the Jamaican Constitution. The State party had replied that the Supreme Court had not had said opportunity. In the circumstances, the Committee found that recourse to the Constitutional Court under section 25 of the Jamaican Constitution was not a remedy available to the author within the meaning of article 5, paragraph 2(b), of the Optional Protocol. 6.1 The State party, in a submission dated 12 February 1991, challenges the Committee’s findings on admissibility and objects to the reasoning described in paragraph 5.3 above. It argues, in particular, that the Committee’s reasoning reflects a “grave misunderstanding” of the relevant Jamaican law, especially the Operation of section 25, paragraphs 1 and 2, of the Jamaican Constitution. The right to apply for redress under section 25(1) is, in the terms of the provision itself, “without prejudice to any other action with respect to the same matter which is lawfully available”. The only limitation is to be found in section 25 (2) which, in the State party’s opinion, does not apply in the case, since the alleged breach of the right to a fair trial was not at issue in the criminal law appeal to the Court of Appeal and the Judicial Committee: “. . . If the contravention alleged was not the subject of criminal law appeals, ex hypothesi, those appeals could hardly constitute an adequate remedy for that contravention. The decision of the Committee would render meaningless and nugatory the hard-earned constitutional rights of Jamaicans . . . , by its failure to distinguish between the right to appeal against the verdict and sentence of the court in a criminal case, and the “brand new rights” to apply for constitutional redress granted in 1962”. 5.4 The Committee also noted that part of the author’s allegations concerned claims of bias on the part of the judge, as well as the alleged inadequacy of the judge’s instructions to the jury. The Committee reaffirmed that it is generally beyond its competence to evaluate the adequacy of the judge’s instructions to the jury, unless it can be ascertained that these instructions were clearly arbitrary or amounted to a denial of justice, or unless it can be demonstrated that the judge manifestly violated his obligation of impartiality. In the case under consideration, the Committee considered that the circumstances which led to the author’s conviction merited further examination in respect of his claims relating to article 14, paragraphs 1 and 3(b) and (e), of the Covenant. 6.2 The State party submits that the admissibility decision attaches undue significance to the fact that the Jamaican courts have not yet had occasion to rule on the application of the proviso to section 25(2) of the Constitution in circumstances where the appellant has already exhausted his criminal law appellate remedies. It notes that in the case of Noel Riley and others v. the Queen [A-G. (1982) 3 AER 469], Mr. Riley was able to apply, after the dismissal of his criminal appeal to the Court of Appeal and the Judicial Committee, to the Supreme (Constitutional) Court and thereafter to the Court of Appeal and the Privy Council, albeit unsuccessfully. In the State party’s opinion, this precedent illustrates that recourse to criminal law appellate remedies does not render the proviso of section 25 (2) applicable in situations where, following criminal law appeals, an individual files for constitutional redress. 5.5 The Committee finally noted the author’s allegation concerning ill-treatment by the police, and observed that the State party had remained silent on the issue whether this part of the communication should be deemed admissible. 5.6 On 17 October 1990, the Committee declared the communication admissible in so far as it appeared to raise issues under articles ‘ 10 and 14, paragraphs 1 and 3(b) and (e), of the Covenant. 103