attention to the demeanour of the accused while he was giving his unsworn
statement."
3.7 Moreover, it is contended that the judge did not follow the directions
given by Lord Norman in Teper v. Regina (AC 480, at 489), according to which
circumstantial evidence must always be narrowly examined. In the author's
case, the judge in fact asked the jury to infer that the theft of the cow was
the motive for the murder of Mr. Thompson, i.e., that Mr. Campbell had
committed the murder in order to facilitate or conceal the theft of the cow.
It is submitted that the judge, in a case turning on the evaluation of
circumstantial evidence, attached undue weight to one of several possible
inferences which could be drawn from a general finding of untruthfulness.
3.8 In respect of the conduct of his appeal, the author alleges violations of
article 14, paragraphs 3 (b) and (d) and 5, of the Covenant. The attorney
assigned to his appeal concedes that he did not seek instructions from the
author; the author argues that as he had no opportunity to consult with that
lawyer, he was denied his right to properly prepare his defence. He further
contends that because he was at no time informed when his appeal was being
heard and was represented for the appeal by an attorney not of his choosing,
his rights under article 14, paragraphs 3 (d) and 5, were also violated: the
conduct of the appeal is said to have jeopardized an effective appeal to the
Judicial Committee of the Privy Council.
3.9 The author notes that more than 18 months passed between his conviction
and the dismissal of the appeal. On 7 August 1987 and again on 6 April 1988,
the Court of Appeal's written judgement was requested. Counsel only obtained
a copy of the latter in early July 1988; he served notice of his intention to
petition the Judicial Committee for special leave to appeal on 25 August 1988,
and filed his petition on 27 October 1988, These delays, coupled with the
time spent in detention without being charged, are said to amount to a breach
of article 14, paragraph 3 (c).
3.10 The author contends that on the basis of his allegations detailed in
paragraphs 3.2 to 3.7 above, his right, under article 14, paragraph 2, to be
presumed innocent until proved guilty according to law has been violated. He
refers to the jurisprudence of the Committee in this respect, b/
3.11 Finally, the author contends that the conditions of his imprisonment are
inhuman and degrading, amounting to a violation of articles 7 and 10 of the
Covenant. Thus, he claims that he has received physical threats from prison
warders; that there is a lack of hygienic and sanitary facilities on death
row, which makes the living conditions highly insalubrious; and that the
conditions of imprisonment are seriously detrimental to his health. In
support of his contentions, the author submits a copy of a report about the
conditions of detention at St. Catherine District Prison, prepared by a United
States non-governmental organization. Furthermore, the constant stress and
anxiety suffered as a result of prolonged detention on death row are said to
constitute a separate violation of article 7 of the Covenant.
3.12 With respect to the requirement of exhaustion of domestic remedies, the
author contends that an application to the Supreme (Constitutional) Court
would not be an available and effective remedy in his case. He points out
that legal aid is not available for this purpose under the Poor Prisoners'
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