2.3 The author appealed his conviction and sentence, but the Jamaican Court
of Appeal dismissed the appeal on 21 May 1987. Subsequently, he sought to
obtain the Court of Appeal's judgement, to no avail.
2.4 At the time of submission, the author had not petitioned the Judicial
Committee of the Privy Council for special leave to appeal, because he lacked
the means to do so. Subsequently, in 1988, he secured pro bono legal
representation by a law firm in London for this purpose. In May 1990,
following the Committee's decision of 15 March 19S0 declaring the case
admissible, counsel informed the Committee that he had succeeded in obtaining
the judgement of the Court of Appeal, pointing out that it took him over one
year and a half to obtain that document and emphasizing that "availability" of
relevant court documents should be deemed to refer to practical and reasonablyeffective methods whereby an appellant or his counsel might receive the
appropriate documents. While criticizing the "apparent administrative
inefficiency and uncooperativeness" of the State party which, for a
considerable time, made the exhaustion of domestic remedies a practical
impossibility, he none the less confirms that he is now proceeding with a
petition for special leave to appeal to the Judicial Committee on the author's
behalf.
Complaint
3.1 The author complains that the conduct of his trial and of his appeal were
beset with several irregularities, in violation of article 14 of the
Covenant. Thus, he claims that he had wholly inadequate opportunities to
consult with his lawyer prior to and during the trial. There was no regular
communication with this lawyer prior to the trial, and the lawyer visited him
only once, briefly, before its beginning. In court, their contacts were
confined to brief exchanges, each of no more than 10 to 15 minutes duration.
The author adds that his lawyer was repeatedly absent in court and usually
sent telephonic excuses that he had to attend trial dates elsewhere.
3.2 The author concedes that the prosecution witnesses were cross-examined,
adding, however, that he had asked for a potential alibi witness, a girl in
his company at the time of his arrest, to testify on his behalf, since she
allegedly would have been able to cast doubts on the testimony of D.T. His
counsel made no attempt to contact this witness.
3.3 As to his appeal, the author maintains that he was not assisted in its
preparation and merely informed that a legal aid representative had been
assigned to him for the purpose. He addressed two letters to the
representative prior to the hearing of the appeal but did not receive a
reply- Subsequently, he and his counsel repeatedly requested the written
judgement of the Court of Appeal; it is submitted that the delay in obtention
of this judgement constitutes a violation of the author's right to have his
conviction and sentence reviewed by a higher tribunal according to law.
State party's information and observations
4.1 The State party submits that the communication is inadmissible on the
ground that the author has failed to exhaust available domestic remedies, as
required by article 5, paragraph 2 <b), of the Optional Protocol. It points
out that the author retains the right to petition the Judicial Committee of
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