and obtained a stay of execution. According to the author, his new lawyer was
shocked by the unprofessional manner in which the first lawyer had handled the
case. Reportedly, the new lawyer attempted, without success, to secure a
retrial. The Jamaica Council for Human Sights was also informed about the new
situation.
2.4 According to the author, the Jamaica Council for Human Rights informed
him in October 1988 that his case had been dismissed by the Supreme Court of
Jamaica, but that no written judgement had been issued. It told him that a
petition for special leave to appeal to the Judicial Committee of the Privy
Council was being prepared, in cooperation with the author's first lawyer.
The author, however, refused to sign the papers, as he did not want his first
lawyer to represent him. Subsequently, the Governor-General signed a warrant
for the author's execution on 15 November 1988. A priest who visited the
author shortly before that date made him sign the papers necessary for a
petition for leave to appeal to the Privy Council and, on 14 November 1988,
the author obtained another stay of execution. On 14 December 1988, a
petition for special leave to appeal was submitted to the Privy Council on
behalf of the author by a London law firm. In February 1989, the author was
informed that the petition had been dismissed.
Complaint
3.1 The author claims that his human rights have been violated by the
Jamaican Court of Appeal because it did not allow him to put forward new
evidence and denied him the opportunity to submit grounds for appeal. He
further claims that his defence was seriously harmed by the unprofessional
attitude of his first lawyer, and by the negligence of the Jamaica Council for
Human Rights, which allowed the first lawyer to prepare the petition for
special leave to appeal to the Judicial Committee of the Privy Council.
3.2 Although the author does not invoke any of the articles of the
International Covenant on Civil and Political Rights, it appears from his
submission that he claims to be a victim of a violation by Jamaica of
article 14 of the Covenant.
State party's observations and author's comments thereon
4,
By submission of 2 August 1989, the State party argues that the
communication is inadmissible on the ground of failure to exhaust all
available domestic remedies as required by article 5, paragraph 2 <b), of the
Optional Protocol. It submits that the author's appeal to the Judicial
Committee of the Privy Council was in respect of his criminal ease and that he
still has constitutional remedies he may pursue. The State party further
submits that the communication does not disclose a violation of any of the
rights set forth in the Covenant.
5.
In his reply to the State party's observations the author reiterates that
his constitutional and human rights were seriously violated by the Jamaican
Court of Appeal and the Jamaica Council for Human Rights, He claims that new
evidence in his case should be examined by the Jamaican courts. He further
states that he is not at present represented by a lawyer.
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