Pusey hits back at DPP

Senior Deputy Director of Public Prosecutions (DPP) Carolyn Hay yesterday cited several examples why the language and conduct of Senior Resident Magistrate Judith Pusey in the Kern Spencer corruption trial could be considered biased.

Hay, who was completing her application in the Corporate Area Resident Magistrate Court to have Pusey recuse herself from the trial, pointed to comments made by the sitting magistrate on April 20 and again on October 20.

She argued that one of the comments - "It's you against me" - could cause a fair-minded observer to believe that "the judge has entered into an adversarial arena".

"If a trial judge enters the fray and does so by commentary identified here, it amounts to crossing that line, moving from forthright, robust commentary into that which is impermissible because it affects the appearance of impartiality," said Hay.

This triggered one of several testy exchanges between the two as Pusey, on several occasions, interrupted Hay to defend her handling of the highly publicised trial.

Llewellyn's explanation

Seeking to explain the context in which that comment was made, the senior magistrate said lead prosecutor, Paula Llewellyn, who is the Director of Public Prosecutions, had indicated that she would not obey an order of the court and that's when she told her "it cannot be that it's going to be you against me".

"It's unfortunate that you weren't here to hear that comment for yourself ... how it was said and to hear the entire sentence," Pusey declared.

When Hay continued her submissions, she pointed out the other comments made by Pusey on October 20 in which she said: "This is a case of prosecutorial misconduct and, as such, it would be a case that fell within a particular category", and "even if I am wrong, the process has now become smelly and tainted".

She said the "prosecutorial mis-conduct" comment, which was made while Pusey was hearing arguments from defence attorneys who wanted the case against Spencer thrown, came before they had completed their submissions.

Questioned about bias

With Llewellyn watching the proceedings from a second-row seat, Pusey hit back, questioning if she was considered biased when she suggested to defence attorney Patrick Atkinson that the trial continue because of how far it had reached.

"Would the informed observer not form the view that I was biased against Mr Atkinson?" she asked Hay.

"My answer is not going to be a comfortable one," the senior deputy DPP responded.

"If we are going to talk about fairness and bias, let us look at the entire case," Pusey continued.

Meanwhile, Atkinson, Spencer's attorney, who started his submission opposing the DPP's move, said no "reasonable" person could form the view that Pusey had exhibited any bias. He argued that Hay was careful to avoid, in her submission, the prosecution's misconduct in the corruption trial.

Atkinson will continue making his submission when the case resumes tomorrow.

Spencer, the member of parliament for North East St Elizabeth, and his former assistant, Coleen Wright, are on trial for alleged corruption and money laundering as a result of their role in implementing the Cuban light-bulb project.