DPP hearing set for September

Barbara Gayle, Staff Reporter

A HEARING is to take place on September 6 in 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 in the fraud case brought against former Junior Minister Kern Spencer.

The date for the judicial review was set yesterday when the parties appeared before Senior Puisne Judge Gloria Smith in chambers at the Supreme Court.

Four-day hearing

The hearing has been set for four days before a three-member panel. Justice Smith has also granted an order preventing the continuation of Spencer's trial until the Judicial Review Court makes its ruling.

Spencer and his co-accused, Coleen Wright, are respondents in the motion following applications made by their lawyers last week.

RM Pusey, who is a respondent, is being represented by Queen's Counsel Jacqueline Samuels-Brown.

When Spencer and Wright appear in the Corporate Area Resident Magistrate's Court next week Wednesday, another date will be set for them to return.

Spencer and his former assistant, Coleen Wright, are alleged to have benefited improperly from the implementation of the Cuban light-bulb programme.

Fraud-related charges faced

Spencer is facing nine fraud-related charges, while Wright has been slapped with six charges.

Llewellyn is asking for an order of certiorari to quash the order made by RM Pusey that she must write a statement disclosing the "substance of an interview" conducted in September 2008 between her and Rodney Chin when he was an accused in the case.

Chin is now the star witness in the case against Spencer and Wright.

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.