DPP's motion against witness statement put off
Published:Saturday | June 19, 2010 | 12:00 AM
RM representative unavailable due to sprained ankle
Barbara Gayle, Staff Reporter
The motion filed by Director of Public Prosecutions (DPP) Paula Llewellyn against a recent ruling by Resident Magistrate (RM) Judith Pusey, compelling her to give a witness statement was, on Thursday, put off to June 25.
Senior Puisne Judge Gloria Smith put off the matter because Jacqueline Samuels-Brown, QC, who represents the RM, was unavailable. It was reported that the lawyer had sprained her ankle on Wednesday.
Llewellyn is asking for an order of certiorari to quash the order made by Pusey that she must write a statement disclosing the "substance of an interview" conducted September 2008 between her and Rodney Chin, when he was an accused.
Chin is now the star witness in the case against former junior minister Kern Spencer.
Lawyers from the Attorney General's Department usually represent resident magistrates in such issues, but the department felt that there could be a conflict of interest since the Office of the DPP, which is another arm of government, is involved.
Alleged improper benefits
Spencer and his former assistant, Coleen Wright, are alleged to have benefited improperly from the implementation of the Cuban light-bulb programme.
He is facing nine fraud-related charges, while Wright has been slapped with six.
Llewellyn is seeking to have Pusey's order nullified and lawyers from the Office of the DPP will be arguing that the move by Pusey was unlawful and/or unreasonable and in breach of Section 94 (6) of the Constitution. The section relates to the issue and procedure of removing the DPP from office for inability or misbehaviour.
Llewellyn is prosecuting the case and contends that if she is forced to give a statement, she will have to recuse herself from the case.