aggession. He contends that his lawyer did not properly represent him during
the trial, since he did not cross-examine E.G. and was reluctant in calling
witnesses on the author's behalf. He further indicates that on
10 October 1987 he appealed to the Court of Appeal; however, he claims that
his lawyer, who was privately retained, did not attend the hearing. On
18 April 1988, he was informed that his application for leave to appeal had
been dismissed. He submits that he later learned that the judge who tried his
case at first instance also participated in the judgement of the Court of
Appeal.
Complaint
3.
The author claims that his trial was unfair and his conviction unjust.
Although he does not invoke any article of the International Covenant on Civil
and Political Rights, it appears from his submission that he claims to be a
victim of a violation of article 14 of the Covenant.
State party's observations and authors comments thereon
4.
By submission on 22 February 1990, the
communication is inadmissible on the ground
remedies, since the author may still appeal
Privy Council, either by leave of the Court
Judicial Committee itself.
State party argues that the
of non-exhaustion of domestic
to the Judicial Committee of the
of Appeal or by leave of the
5.
In his comments on the State party's observations, the author states that
he has not been able to petition the Judicial Committee of the Privy Council,
because he does not have legal representation. He submits that he has
requested assistance from various instances, including the Legal Aid Clinic,
the Jamaica Council for Human Bights, the Ministry of Justice and the
Registrar of the Court of Appeal, all to no avail.
Issues and proceedings before the Committee
6.1 Before considering any claim contained in a communication, the Human
Rights 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 observes that the author's claims relate primarily to the
evaluation of facts and evidence by the courts. It recalls that it is
generally for the courts of States parties to the Covenant, and not for the
Committee, to evaluate facts and evidence in a particular case, unless it is
apparent that the courts' decisions are manifestly arbitrary. The Committee
has no evidence that this was the case in the author's trial. Accordingly,
this part of the communication is inadmissible under article 3 of the Optional
Protocol.
6.3 As regards the author's claim concerning his legal representation, the
Committee observes that the author's lawyer was privately retained and that
his alleged failure to properly represent the author cannot be attributed to
the State party. This part of the communication is therefore inadmissible.
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