<e) No medical expert was called during the trial to corroborate the
prosecution's evidence; as to the rape, he complains that he was convicted on
purely circumstantial evidence;
(f) The judge ignored the news broadcasted by two radio stations (the
EJR and the JBC) on 18 and 19 October 1980, respectively, stating that he was
shot in a place different from that where the robber was shot; nor did the
judge raise any questions as to why he was not taken to the Constant Spring
Police Station in the morning of 18 October 1980;
(g)
His lawyer failed to represent him properly during the trial;
(h)
His appeal was heard without the presence of a lawyer.
3.3 The author claims that he is subjected to inhuman and degrading treatment
in prison. He explains that he suffers from the effects of laparotomies, and
that he is refused medical treatment by the prison authorities.
3.4 Finally, he claims to be a victim of discrimination in connection with
the denial of his application for parole.
State- party's observations and author's comments
4.1 By submission of 3 October 1991, the State party argues that the author's
communication is inadmissible on the ground of non-exhaustion of domestic
remedies, since his case has not been adjudicated upon by the Judicial
Committee of the Privy Council. It points out that legal aid would be
available to him under section 3 of the Poor Prisoners' Defence Act. The
State party adds that, in addition to his right to petition the Judicial
Committee of the Privy Council in respect of his criminal case, the author
still has constitutional remedies he may pursue in respect of the alleged
violations of his fundamental rights and freedoms.
4.2 In his reply to the State party's observations, the author claims that he
was denied the right to seek redress under section 25 of the Jamaican
Constitution. He requests the H-unvan Rights Committee to assist him in
obtaining the court documents in his case, and to provide him with legal aid
for the purpose of exhausting local remedies.
Issues and proceedings before the Committee
6.1 Before considering any claims contained in a communication, the Human
Sights Committee must, in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
6.2 The Committee has ascertained, as it is required to do under article 5,
paragraph 2 (a), of the Optional Protocol, that the matter is not being
examined under another procedure of international investigation or settlement.
6.3 With respect to the requirement of exhaustion of domestic remedies, the
Committee notes the State party's contention that the author may still
petition the Judicial Committee of the Privy Council for special leave to
appeal and that legal aid would be available for this purpose. The Committee
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