7.4 In determining whether to grant leave to appeal to the Judicial
Committee/ the Court of Appeal of Jamaica must generally ascertain, under
section 110, paragraphs 1 (c) and 2 (a), of the Jamaican Constitution, whether
the proceedings involve a question as to the interpretation of the Jamaican
Constitution or a question of great general or public importance or otherwise
such that it should be submitted to the Privy Council. Pursuant to the powers
conferred upon it by section 110, paragraph 3, the Judicial Committee applies
similar considerations. In granting special leave to appeal, the Judicial
Committee is concerned with matters of public interest arising out of the
interpretation of legal issues in a case, such as the rules governing
identification procedures. There is no precedent to support the conclusion
that the Judicial Committee would consider issues of alleged irregularities in
the administration of justice, or that it would consider itself competent to
inquire into the conduct of a criminal case. Such matters, however, are
central to the author's complaint, which does not otherwise raise legal issues
of general or public interest. In this context, the Committee notes that the
evaluation of evidence and the summing up of relevant legal issues by the
judge was neither arbitrary nor amounted to a denial of justice and that the
judgement of the Court of Appeal clearly addressed the grounds of appeal.
7.5 In the particular circumstances of the case, therefore, the Committee
finds that a petition for leave to appeal to the Judicial Committee of the
Privy Council would have no prospect of success; accordingly, it does not
constitute an effective remedy within the meaning of the Optional Protocol.
7.6 Similar considerations apply to the author's possibility of obtaining the
redress sought by applying for constitutional redress in the Supreme
(Constitutional) Court. A remedy is not "available" within the meaning of the
Optional Protocol where, as in the instant case, no legal aid is made
available in respect of constitutional motions, and no lawyer is willing to
represent the author for this purpose on a pro bono basis. The Committee
further reiterates that in capital punishment cases, legal aid should not only
be made available; it should also enable counsel to prepare his client's
defence in circumstances that can ensure justice. £/
7.7 For the reasons sat out above, the Committee finds that a petition for
special leave to appeal to the Judicial Committee of the Privy Council and a
constitutional motion in the Supreme (Constitutional) Court are not remedies
that the author would have to exhaust for purposes of the Optional Protocol.
It therefore concludes that there is no reason to reverse its decision on
admissibility of 2 November 1988.
6.1 With respect to the alleged violations of the Covenant, four issues are
before the Committee: (a) whether the conduct of the author's retrial by a
judge with a previous involvement ixi the case violated the author's rights
under article 14, paragraphs 1 and 2, of the Covenant; (b) whether the alleged
tampering with members of the jury by the investigating officer, and the
alleged intimidation of witnesses by the same officer, violated the
aforementioned provisions; (c) whether the failure of author's counsel in the
retrial to call witnesses on his behalf violated article 14, paragraph 3 (e);
and (d) whether the author's alleged ill-treatment on death row amounts to
violations of articles 7 and 10.
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