I will not be moved - DPP
Published:Wednesday | April 13, 2011 | 12:00 AM
Daraine Luton, Senior Staff Reporter
Director of Public Prosecutions (DPP) Paula Llewellyn has served notice she will be heading to the Supreme Court to have a subpoena for her to appear as a defence witness in the Cuban light-bulb trial set aside.
Senior Resident Magistrate Judith Pusey yesterday instructed that Llewellyn remain out of hearing until the Crown's star witness, Rodney Chin, has completed his testimony.
Pusey cited the need to "safeguard the integrity of the process" and "the interest of fairness" as the basis of her ruling.
The defence on Monday asked Pusey for the ruling to bar Llewellyn, arguing they intend to call her as a witness in the matter. The DPP, however, said she would not cooperate and would not allow herself to be called as a witness.
"It would be tantamount to professional negligence and a dereliction of duty of the highest order," Llewellyn told the Corporate Area Resident Magistrate's Court.
She said the move by the defence to have her subpoenaed was "frivolous and vexatious in law and is an abuse of the process of the court".
Defence attorneys K.D. Knight and Patrick Atkinson submitted that Llewellyn, the lead prosecution counsel, should be kept away from the courtroom until Chin has given evidence.
"Her being called is a result of the interview she conducted in November 2008," Knight said in his application to Pusey on Monday.
The defence attorneys say they want Llewellyn to explain the circumstances under which Chin moved from an accused man to a witness.
llewellyn emphatic
But the DPP, for whom a subpoena was prepared yesterday, was emphatic she would not take the stand.
"I am not a witness in this matter ... . We are anxious to continue the case involving breaches of the Corruption Prevention Act and money laundering against Coleen Wright and Kern Spencer," Llewellyn said.
She added: "I will not be moved. There is no basis in law for it, and I view the move as an attempt to undermine the prosecution."
Despite Llewellyn's insistence, Atkinson, who is representing Spencer, said the accused could not be guaranteed a fair trial.
"If Ms Llewellyn chooses not to comply, then in light of everything that has transpired, Ms Wright and Mr Spencer cannot be guaranteed a fair trial. Now is the time for the court to consider dismissing the trial in the interest of justice," Atkinson said.
The trial of Spencer and Wright has hit a snag since, under cross-examination, Chin told the court he had met with Llewellyn to discuss his statement. At the time, he was charged in the matter.
Chin began giving testimony in September 2009, and prior to taking the stand Monday, he last testified one year ago. He, however, will not retake the stand until the matter involving Llewellyn's status is settled.
Chin is the third of approximately 30 witnesses the Crown intends to call to prove Spencer and Wright improperly benefited from the implementation of the Cuban light-bulb project and laundered the proceeds.
A peeved Caroline Hay, senior DPP, accused the defence during an adjournment yesterday of time wasting, and said if they have a defence in the matter, they should put up such defence.