by the judge to reconsider the evidence, it again retired and thereafter
returned a guilty verdict. During the trial, the woman who had initially been
charged with him, O.B., did in fact testify against the author, and it was,
inter alia, on the basis of her testimony that he was convicted.
2.3 On 31 July 1984, the author appealed to the Court of Appeal of Jamaica on
the grounds that the judge had misdirected the jury (a) on the issue of
corroborative evidence, and (b) on the value of the author's alleged
confession made after his arrest. On 20 January 1986, the appeal was
dismissed. Early in 1989, the author petitioned the Judicial Committee of the
Privy Council for special leave to appeal; the petition was dismissed on
5 May 1989. With this, it is submitted, available domestic remedies have been
exhausted,
Complaint
3.1 The author submits that the conduct of the trial violated article 14,
paragraph 1, of the Covenant, because the trial judge's instructions to the
jury on the Issue of "corroborative evidence" were inadequate. It is
submitted that these directions were vitally important given that (a) the
testimony of O.B. provided the only evidence against the author (b) her
evidence was inconsistent with respect to the author's possession of the knife
with which Mr. Dawes had been stabbed; and (c) no motive on the part of the
author was ever established. Counsel further submits that the trial judge
wrongly directed the jury that the statement made by the author in the
presence of Det. Corp. C. ("ah no mi alone involve. L. and 0. no about it
too") amounted to a confession of murder: these words could not have
amounted, in law, to a confession. It is further submitted that the judge
should have directed or warned the jury that a mere "involvement" in any crime
cannot necessarily be deemed, in the absence of further evidence, to amount to
participation sufficient to establish guilt. Pursuant to the judge's
instructions, the jury had to convict Mr. Little if it was convinced that he
had played some part in the overall enterprise but remained unsure as to
whether he was a principal or an abettor.
3.2 The author further claims that he was denied adequate time and facilities
for the preparation of his defence, contrary to article 14, paragraph 3 (b),
as well as inadequate facilities to cross-examine witnesses, contrary to
article 14, paragraph 3 (e). He states that he was assigned two
representatives, Mr. A.S, and his assistant, Ms. H.M.; although they were
assigned to the case prior to the hearing before the examining magistrate, the
author only had a brief interview with Ms. H.M. prior to the preliminary
hearing. He further only met once for about 30 minutes with Mr. K.S, about
one month before the trial. The author submits that his representatives were
inexperienced and did not adequately consult with him in preparation of the
defence. Thus,
(a) The statements of the prosecution witnesses were not reviewed with
the author;
(b) His comments on the case of the prosecution were not acted upon by
the representatives;
<c)
counsel;
He had only 10 minutes at the end of each trial day to consult with
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