2.2 The author was arrested on 29 August 1981 at about 6 p,m,, together with Winston Phillips. He had been seen driving Mr. McDonald's car by a friend of the latter; the car had been reported stolen on the same day. Both the author and Mr. Phillips were brought to the Waterford police station, where they were searched and found to be in possession of pieces of jewellery that the wife of the deceased later identified as belonging to her husband. The author submits that when they were arrested, the police could not possibly have known about the murder, since the deceased's body was recovered only in the afternoon of the next day, in a canefield close to where he had dropped off Messrs. Cole and Phillips. 2.3 No identification parade was held after the arrest of the accused on 29 August 1981, allegedly because a mob had sought to attack them at the police station when it became known that the deceased's jewellery had been found on them. The authors were moved to the Spanish Town police station thereafter, and Mr. Phillips was admitted to the hospital. No identification parade -was conducted in Spanish Town, either, as the police officers conducting the investigation felt that because of the events at the Waterford police station, a parade would be unnecessary or even suspect. 2.4 A post-mortem was performed on 1 September 1981 at about 1 p.m. by Dr. Lawrence Richards. According to his evidence during the trial, which remained unchallenged, death had occurred an estimated 47 hours before, at around 2 p.m. on 30 August 1981, as a result of gunshot injuries inflicted no more than 10 to 20 minutes before death. Thus, it is submitted that death occurred only shortly before the body was recovered, and when the author had already been in custody for about 20 hours. 2.5 On 3 September 1981, Mr. Cole was taken to the Spanish Town police station, where the author was then in custody. The author was brought out of a cell and identified by Mr. Cole as the man who had held the gun and threatened the driver of the yellow Cortina. He was not asked to identify Mr. Phillips before the trial and indicated that he would have been unable to identify him; during the trial, he could not identify Mr. Phillips. 2.6 During the trial, the author made an unsworn statement from the dock. He asserted that he had borrowed the deceased's car from a friend, to give his girlfriend a ride to Spanish Town. He denied having obtained a lift in this car on 28 August 1981, and affirmed that he was unaware that it had been stolen. He further claimed that he had been working at the garage where he was employed as a battery repairman until about midnight on the day of the crime. Finally, he denied having been in possession of any of the deceased's jewellery. 2.7 The author was tried with Winston Phillips. At the conclusion of the trial, the jury failed to return a unanimous verdict in respect of Mr. Phillips, who was released on bail and ordered to be retried. The author was found guilty as charged, convicted and sentenced to death. He appealed to the Court of Appeal of Jamaica which, on 11 July 1986, dismissed his appeal. On 24 September 1986 the court issued a written judgement. On 8 October 1987, the Judicial Committee of the Privy Council dismissed the author's petition for special leave to appeal. 2.8 On 13 February 1984, the author submitted a complaint to the -301-

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