3.3 The author further contends that his lawyer did not comply with many of
his instructions; this is said to constitute a violation of article 14,
paragraph 3 (e). Thus, he had requested that witnesses be called on his
behalf; counsel, in a letter of 19 April 1990, states that he had been given
the names of prospective witnesses but was unable to trace them, and that none
of the author's relatives had come to see him. Towards the end of the trial,
one person who claimed to know the author spoke to counsel and told him that
she had not testified because she did not want to "get involved". In the
author's opinion, the only reason why witnesses were not traced and called was
that the legal aid rates were so inadequate that the lawyer was not able to
make the necessary inquiries and initiate the necessary steps in order to
prepare his defence,
3.4 The author specifically instructed his lawyer that the evidence presented
by one of the investigating police officers was incorrect. He was told that
this matter would have to be addressed at a later stage during the trial; in
the end, it was not addressed at all. The author also informed counsel that
the two investigating officers had beaten him during interrogation and forced
him to sign a statement without knowing what it was about. Although so
informed, counsel did not act on these instructions. Neither the trial
transcript nor any of the depositions taken during the preliminary hearing
indicate that the police officers' evidence was challenged or objected to, as
it should have been in accordance with the author's instructions. Counsel
contends that, notwithstanding, the judge should have given due consideration
to the admissibility of unwritten confessional material. In this context, she
refers to the Judges Rules, which police officers must respect. Under rule 2,
an officer must caution anyone whom he suspects may have committed an offence
before putting further questions to that person. The author submits that he
was not cautioned. Under rule 9, statements taken in accordance with the
Rules should, wherever possible, be taken down in writing and signed by the
person making them, after having been given an opportunity to make appropriate
corrections. The author was not asked by the police officers whether he
wished to write down his statement, nor was he invited to make any
corrections.
3.5 Counsel notes that the Judges Rules have been adopted by several
Commonwealth jurisdictions, including Jamaica. Whenever a statement made in
breach of the Eujjss. is sought to be admitted, the judge must exercise his
discretion as to whether or not to admit such a statement. If the judge
decides to admit it ( he must carefully instruct the }ury as to how to treat
it; the author submits that the judge did not display this particular care.
He concludes that as he was never advised that he had a right to remain
silent, he was, in effect, compelled to make a statement, in violation of
article 14, paragraph 3 (g).
3.6 The author, while conceding that it is in principle for the domestic
courts and not for the Committee to evaluate facts and evidence in a
particular case, contends that the instructions to the jury in respect of the
author's trustworthiness were so tainted by the judge's own opinion as to
amount to a denial of justice, especially if combined with his instructions
concerning the circumstantial evidence and motive and with respect to the
failure of counsel to challenge the confession statement. Counsel points, in
particular, to the following remark made by the judge when summing up the
author's unsworn statement: "It would be your duty as fudges of fact to pay
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