grave, wrapped up in a plastic bag. During the trial, a forensic expert
testified that traces of soil found on the author's clothes matched with
samples of soil collected on the spot where the child's corpse was
discovered. It was further testified by the same expert that the writing
paper used for the ransom note and that found later at the author's home were
similar.
Complaint
3.1 The author claims that soon after his arrest, he was induced by the
arresting officer to give an oral confession incriminating himself. Two days
after his arrest/ he was allegedly forced to sign a written statement
reproducing his previous oral confession.
3.2 The author alleges that the criminal proceedings against him were beset
by several irregularities. Thus, the trial judge reportedly showed prejudice
against him and his representative by, inter alia, constantly interrupting the
latter in his cross-examination of prosecution witnesses, and putting pressure
on him to speed up the conduct of the trial. The trial judge is further said
to have misdirected the jury on a number of issues of facts and of law; in
particular, it is submitted that (a) he erred by not properly instructing the
jury on the circumstancial nature of the evidence on which the prosecution
relied, (b) he erred in admitting into evidence the oral and the written
confessions allegedly made under duress by the author, and (c) he misdirected
the jury as to how it should consider those confessions.
3.3 The author further alleges that he was denied adequate legal assistance
by his legal aid representative, in that the latter displayed gross negligence
in conduct of his defence. Purportedly, he did not sufficiently consult with
the author for the preparation of the defence. He is also said to have failed
to call one witness, who, according to the author, could have testified in his
favour. In addition, before the conclusion of the trial, counsel sought and
obtained from the Court permission to withdraw from the case. He later
claimed that he withdrew because of the alleged bias and the hostility on the
part of the trial judge. He further claimed that he had not been properly
retained by the Legal Aid Authority and that he was appearing on behalf of the
author only for humanitarian reasons.
3.4 As to the circumstances of the appeal, the author states that he was
represented by three legal aid attorneys. Among the 15 grounds of appeal were
(a) that the trial judge failed to inform the jury adequately or at all as to
when a confession should be considered admissible or not and (b) that the
conduct by counsel during the trial was such as to prejudice severely the
outcome of the proceedings. The Court of Appeal acknowledged that counsel had
displayed gross misconduct during the trial. Keportedly, the presiding judge
described the conduct of counsel as "unbecoming" of a barrister, and directed
that a copy of the judgement and the proceedings be sent to the Disciplinary
Committee of the Bar Association. None the less, the Court of Appeal found
that counsel's misconduct did not affect the outcome of the trial, and
dismissed the author's appeal. In this connection, the author indicates that,
by letter of 14 November 1988, the President of the Bar Association informed
him that no legal action was ever taken against his former lawyer and that the
Law Association had never received any complaint against him from the Court of
Appeal.
-33 a-