2.2 The authors' trial in the Home Circuit Court of Kingston began on
10 July 1978 and lasted until 27 July 1978, Both Mr, Barrett and
Mr. Sutcliffe were represented by legal aid attorneys. In the course of the
trial, an independent ballistics expert was to appear for the defence but did
not arrive in court in time. The adjournment requested by Mr. Barrett's
attorney was refused by the judge. On 27 July 1978 the authors were found
guilty as charged and sentenced to death. They appealed to the Jamaican Court
of Appeal, which heard their appeals between 9 and 12 March 1981, dismissing
them on 12 March; it produced a written judgement on 10 April 1981.
2.3 On 24 and 26 November 1987, respectively, warrants for the execution of
Mr. Barrett and Mr. Sutcliffe, on 1 December 1987, were issued by the Jamaican
authorities. Mr. Barrett's former legal aid representative obtained a stay of
execution on his client's and on Mr, Sutcliffe's behalf, with a view to filing
a petition with the Judicial Committee of the Privy Council. In 1988, a
London law firm agreed to represent the authors for purposes of filing a
petition to the Judicial Committee of the Privy Council. On 22 July 1991, the
petition was dismissed by the Judicial Committee, which, however, expressed
concern about the judicial delays in the case.
Complaint
3.1 The authors claim to be innocent and allege that their trial was unfair.
Both challenge their identification parade as irregular, since it allegedly
was organized by police officers who sought to influence witnesses and
conspired to ensure that the authors would be identified as those responsible
for the death of the policemen. Mr. Sutcliffe adds, without giving further
details, that he was denied contact with legal counsel until he was formally
charged and denounces the "battered state" in which he was placed on the
identification parade, which allegedly was the result of rough treatment he
had been subjected to while in custody.
3.2 Mr. Barrett further submits that, following his arrest by the Browns Town
police and a brief stay in the hospital (where fragments of a bullet were
removed from his ankle), he was kept in solitary confinement at the Ocho Rios
police station, without being able to see a relative or a lawyer. When he was
told that he would be placed on an identification parade, he protested that he
was without legal representation.
3.3 With respect to the conduct of the trial, Mr. Barrett claims, without
further substantiating his claim, that the preparations for his defence were
inadequate* He submits that he had no contact with his lawyer between the
date of his conviction in July 1978 and the date of the issue of the warrant
for his execution in November 1987. Letters addressed to this lawyer went
unanswered,
3.4 With respect to the conditions of detention on death row, Mr. Sutcliffe
submits that he was attacked by warders on several occasions. The most
serious incident allegedly occurred on 20 November 1986, when warders took him
from his cell and beat him with batons and iron pipes until he lost
consciousness. He was then locked in his cell for over 12 hours without
either medical attention or food, despite the fact that he had sustained the
fracture of an arm and other injuries to legs and ribs. It was only on the
following day that he was taken to the hospital. He claims that he had to
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