2.3 On 1 February 1985, the author was found guilty of murder and sentenced
to death. The author's appeal was dismissed by the Jamaican Court of Appeal
on 14 October 1985. On 6 May 1991, the State party commuted the author's
death sentence to life imprisonment.
2.4 With regard to the circumstances of the appeal, the author claims that he
was not properly informed of the date of the hearing of his appeal. On
14 October 1985, counsel visited him and told him that his appeal had been
dismissed earlier that day. On the next day/ he received a letter from the
registrar of the Court of Appeal informing him that his case was due to be
heard in the week beginning 14 October 1985. According to the author, this
meant that he was prevented from instructing his counsel and from attending
the appeal personally. Although the author had appealed on the ground that he
had not been given a fair trial, counsel had withdrawn that ground, allegedly
without consulting with the author.
Complaint
3.
Although the author 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 by Jamaica of article 14 of the Covenant.
State party's observations and author's comments
4.
The State party, by submission, dated 20 July 1988, contends that the
author's communication is inadmissible on the ground of non-exhaustion of
domestic remedies, claiming that he could still petition the Judicial
Committee of the Privy Council for leave of appeal. The State party adds that
legal aid would be available for that purpose pursuant to section 3 of the
Poor Prisoners' Defence Act.
5.
in a submission dated 30 January 1989, the author's counsel explains that
a petition for special leave to appeal was in fact filed with the Judicial
Committee of the Privy Council on behalf of the author early in 1987. The
application had been for interlocutory relief, to the effect that the Court of
Appeal of Jamaica be ordered to issue a written judgement in the case.
Notwithstanding the interlocutory nature of the application, the Privy Council
dealt with it as a petition for leave to appeal and dismissed it on
19 February 1987, although no submissions hact been made on behalf o£ the
author on the merits of the case. Counsel therefore submits that all
available domestic remedies have been exhausted.
6.
In a further submission, dated 14 April 1989, the State party
acknowledges that the author's petition for special leave to appeal to the
Privy Council was dismissed. It reiterates, however, that the communication
is inadmissible on the ground of non-exhaustion of domestic remedies, since
the author has not taken any action to pursue his constitutional remedies in
the Jamaican Supreme (Constitutional) Court, pursuant to section 25 of the
Jamaican Constitution.
Committee's admissibility decision
7.1 At its thirty-sixth session, the Committee considered the admissibility
of the communication. It noted the State party's contention that the
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