2.3 The author's trial began on 14 October 1985, Mr. Campbell made an
unsworn statement from the dock. Several witnesses gave evidence for the
prosecution, but the author contends that there remain several serious
discrepancies between the trial transcript, the judge's summing up and the
facts as found by the Court of Appeal. On 16 October 1985, the jury returned
a verdict of guilty and the author was sentenced to death,
2.4 For his appeal, which was filed on 22 October 1985/ the author was
assigned a different legal aid attorney. On 15 May 1987, supplementary
grounds of appeal were filed by this lawyer, and the Court of Appeal heard the
appeal on 18 May 198*7. On 19 May 1987, the appeal was dismissed. The author,
who had. indicated on the appeal form that he wished to be present during the
hearing of the appeal, did not attend the hearing; he indicates that he merely
was informed by his lawyer, by letter of 19 May 1987, that the appeal had been
dismissed. The attorney further indicated the possibility of a further
petition to the Judicial Committee of the Privy Council. Mr. Campbell
indicates that he had no opportunity to instruct this lawyer.
2.5 On 27 October 1988, the author petitioned the Judicial Committee of the
Privy Council for special leave to appeal. On 21 November 1988, the Judicial
Committee refused leave to appeal. With this/ it is submitted, available
domestic remedies have been exhausted.
lint
3.1 The author alleges a violation of article 9, paragraphs 1 to 3. He
indicates that when he was arrested on 12 December 1984, the police officer
who brought him to the Frankfield police station and questioned him without
informing him of his rights merely told him that Mr. Thompson had been
reported missing and that as he (the author) was the last person to have been
seen with Mr. Thompson, he was suspected of h&ving killed him. It is
submitted that the author was detained from 12 December 1984 to 12 March 1985
without being formally charged with the only offence on which he was finally
indicted, murder. During this time, he claims, he did not have access to
legal representation. The author contends that, in violation of article 9,
paragraphs 2 and 3, he was not promptly informed of the charges against him,
or brought before a judge or other judicial officer authorized by law to
exercise judicial power between 12 December 1984 and 26 January 1985. In this
context, he invokes the jurisprudence of the Human Rights Committee as well as
the decision of the European Court of Human Rights in the case of McGoff y.
Sweden, concerning article 5 of the European Convention for the Protection of
Human Eights and Fundamental Freedoms, a/
3.2 The author further alleges a violation of article 14, paragraph 3 (b), of
the Covenant, in that both time and facilities available to him for the
preparation of his defence were severely curtailed. Thus, he was not given
the opportunity of speaking with his counsel prior to the preliminary
hearing. The same legal aid lawyer represented the author for the trial; the
author states that this lawyer visited him in prison three days before the
start of the trial and prepared a statement for him. Although that statement
appears to have formed the basis for the author's unsworn statement from the
dock on 15 October 1985, he was not given a copy; he submits that his lawyer
did not review the prosecution's case with him.
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