Court heavyweights resume tussle
Published:Saturday | September 18, 2010 | 12:00 AM
Daraine Luton, Senior Staff Reporter
RESIDENT MAGISTRATE (RM) Judith Pusey and Paula Llewellyn, the director of public prosecutions (DPP), yesterday renewed their tussle over disclosure when Kern Spencer's Cuban light-bulb trial returned to the Corporate Area Resident Magistrate's Court.
Llewellyn indicated the prosecution's intent to set a date to deal with an order for disclosure, which stalled the trial five months ago, when Pusey retorted that the only matter before the court was that of compliance.
Pusey had ordered that Llewellyn provide the defence with a letter indicating how Rodney Chin, a former co-accused, became a prosecution witness.
Llewellyn had argued that providing the statement would predispose her to being called as a witness. She rushed to court to challenge the ruling of Pusey, but the matter was discontinued after Pusey said her ruling was not an order but an invitation.
Fully complied
Yesterday, Llewellyn said she had fully complied with the invitation to provide all disclosure. She also said that defence counsel had been provided with an additional statement from the police.
She, however, contended that she was not able to remember the precise questions, nor the "dotted Is and crossed Ts" that would have transpired in discussions with Chin. Pusey replied, saying Llewellyn was dealing with peripheral matters.
"It matters not the form it is in as long as it is full and accurate," Pusey said.
"Nobody here is mad. I am not mad, defence counsel is not mad ... . We don't expect you to recall all the specifics. Look at Mr Chin's statement and refresh your memory," the RM added.
Llewellyn maintained that everything that could be provided had been given to the defence. The DPP, in addressing Pusey on the matter, said: "Your Honour, with due respect," but Pusey was not in the mood to accommodate her explanation.
"Treat this court with a modicum of respect and go and do what you have to do," the RM told the DPP, noting that the trial had been taking a long time because of matters that should have been settled a long time ago.
The DPP, however, did not take kindly to the RM's remarks and responded that she was an officer of the court: "I treat the court with respect."
Consider full implication
Pusey shot back: "Certainly, you are a respectable officer of the law. You are the DPP, a constitutional position which I cannot occupy." She warned Llewellyn "to consider the full implication" of the way she approached the matter of disclosure, especially with Chin still in the witness box.
Chin is the third witness to be called by the prosecution, which says upward of 20 others are lining up to give evidence.
Spencer, the member of parliament for North East St Elizabeth, and his companion, Coleen Wright, are charged with corruption arising out of the implementation of the Cuban light-bulb project.
The matter has been before the court since February 2008 when charges were laid. The trial began in June 2009.
The matter surrounding the issue of Llewellyn's compliance to the disclosure order will be discussed on September 30. The trial has been set to resume on November 22 and will run into December 10.