followed the car to a quiet lane, where she found G. and his assistant talking
to the jury members/ indicating that he depended on them and asking them not
to let him down. A similar scene was witnessed by Bl.H. on the following day,
upon which she informed counsel, in the author's presence/ of the attempted
jury tampering witnessed by her, H.C. promised to notify the judge but failed
to do so. He was reminded of the matter on 28 October 1983, the final day of
the trial, when he allegedly told Mr. Collins that it was too late to act.
2.9 Finally, the author indicates that one other witness who would have been
able to provide credible testimony to the effect that C.E. was the murderer
and had in fact used the author's service weapon for the killing, was prepared
to give evidence on his behalf during the second trial. This witness himself
states that he was available to give evidence during the first trial, but was
prevented from doing so by Detective G. and C.E., who threatened to kill him
and his family if he were to testify in court. As a result, this witness
moved to a remote part of Jamaica. When he returned to Spanish Town, he was
assaulted by a group of individuals which included C.E. In the circumstances,
the witness did not attend the retrial,
2.10 On 28 October 1983, the author was found guilty as charged and sentenced
to death. He states that his retrial lasted only five days because none of
the witnesses who were called to give evidence on his behalf during the first
trial were called to do so at the retrial. He blames this on the actions of
his counsel, H.C., and of Detective G. In this context, he notes that his
counsel mentioned to him that he did not wish the trial to proceed beyond
Friday, 28 October, as he had other professional obligations to attend to in
another part of the country at the beginning of the following week. The
author further notes that the jury was sent out to consider its verdict late
on a Friday afternoon, thereby putting undue pressure on it to return an early
decision.
2.11 The author appealed to the Court of Appeal of Jamaica, which dismissed
the appeal on 11 February 1986. He notes that he has encountered many
problems in obtaining a copy of the written judgement of the Court of Appeal.
As to the possibility of a petition for special leave to appeal to the
Judicial Committee of the Privy Council, he notes that as leading counsel in
London has opined that there is no merit in such a petition, this remedy
provides no prospective avenue of redress,
2.12 As to the conditions of his detention, the author indicates that he has
suffered ill-treatment on death row on several occasions. On 28 May 1990, the
author was among a n-omber of prisoners searched by approximately 60 prison
warders, who not only injured the author but also forced him to undress in the
presence of other inmates, warders, soldiers and policemen, contrary to
Section 192, paragraph 3, of the Jamaican Prisons Act 1947. When the author
sought to invoke his rights under this provision, he was subjected to severe
beatings by three warders, one of whom hit him several times with a heavy riot
club. His counsel complained of the treatment to the authorities and the
Parliamentary Ombudsman; no follow-up on the complaint has been notified to
the author or to his counsel, although the author has served notice of his
desire to see the behaviour of the warders sanctioned. On several subsequent
occasions, in particular on 10 September 1990 when he complained to a warder
who had been interfering with his mail and sometimes withholding it
altogether, the author was physically assaulted; as a result, he was injured
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