ABSTRACT

Mr Barry Fitt was charged with various offences following an armed robbery of a Royal Mail van. The prosecution made applications to the trial judge that they should not be required to disclose certain material to the defence. Having heard submissions from the defence, the trial judge refused to order disclosure. The applicant gave evidence. On 16 May 1994 he was convicted of conspiracy to rob, possession of a firearm and possession of a prohibited weapon, and he was sentenced to 11 years’ imprisonment. On 6 June 1995 the Court of Appeal upheld his conviction. The applicant complained that the proceedings before the Crown Court and the Court of Appeal undermined his right to a fair trial. Comm found by majority (18-12) NV 6(1) in conjunction with 6(3)(b)+(d), unanimously NV 6(2) of the Convention.