attorney who replaced his previous counsel was totally unprepared for the
task. Still in the context of the appeal, the author indicates that he has
experienced great difficulties in obtaining the court documents in his case;
he states that by letter dated 3 September 1987 from the Registrar of the
Court of Appeal, he was informed that the Court of Appeal had delivered only
an oral judgement in the case.
2.4 The London law firm which represented the author before the Judicial
Committee of the Privy Council observes that his petition was dismissed
because of the absence of a written judgement from the Court of Appeal. In
this context, it is indicated that three other Jamaican capital cases were
heard and dismissed by the Judicial Committee in January 1987, all of which
raised the issue of the absence of a written judgement of the Court of
Appeal. In this context, counsel explains that the dismissal of the author's
petition was due to his failure to meet the Judicial Committee's rules of
procedure, namely, to explain the grounds on which he was seeking special
leave to appeal, and to provide the Judicial Committee with copies of the
decisions of the lower courts. Counsel refers, in particular, to
Sections 3(1)(b) and 4(a) of the Judicial Committee (General Appellate
Jurisdiction) Rules Order (1982 Statutory Instrument No. 1676).
2.5 Counsel recalls that before the Judicial Committee the author's
representative requested the members of the Judicial Committee to (a) allow
the petition on the ground that the failure of the Court of Appeal to provide
a written judgement in a capital case was such a violation of the principles
of natural justice that leave to appeal should be granted and (b) remit the
case to Jamaica with a direction, under section 10 of the Judicial Committee
Act of 1844, that the Court of Appeal be required to provide written reasons.
2.6 At the time, counsel advised that a constitutional motion should be filed
in the Supreme Court of Jamaica. Counsel indicates that she has been
exploring the possibility of filing a constitutional motion on the author's
behalf; in mid-1989, the author's file was transmitted to a new counsel in
London, who subsequently confirmed that, in spite of all her efforts to this
effect, no Jamaican lawyer agreed to represent the author, on a no-fee basis,
in any constitutional motion which it may be possible to bring before the
Supreme (Constitutional} Court.
Complaint
3.1 The author claims that he was denied a fair trial and, in particular,
that the preliminary investigations in the case were biased; thus, the
arresting officers allegedly threatened him so as to induce him to confess the
crime. It is further submitted that the prosecution witnesses were wholly
unreliable, as they could not realistically have witnessed the course of
events from the point where they claimed to have been standing. Finally, the
trial judge is said to have failed to properly direct the jury on the issue of
manslaughter and legitimate self-defence, and the issue of provocation
allegedly was not put to the jury.
3.2 The author concedes that he was represented by a legal aid attorney
during the trial but submits that the preparation of his defence was totally
inadequate, owing to minimal opportunities to consult with his lawyer prior to
the trial, I» particular, the author contends that his defence was prepared
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