Llewellyn must act like a witness - Pusey

Senior Resident Magistrate Judith Pusey yesterday ruled that a subpoena which was served on Director of Public Prosecutions (DPP) Paula Llewellyn ought not to be set aside.

"Having listened to the arguments, examined the authorities cited, and having regards to the peculiar circumstances of this matter, it is my ruling that the subpoena not be set aside and the usual behaviours adopted by subpoenaed witness be adopted by Miss Llewellyn," Pusey said.

Caroline Hay, a senior deputy director of public prosecutions, had urged Pusey to set aside the subpoena on the grounds that it was an abuse of the process of the court.

Following Pusey's ruling, Hay asked for an adjournment in the Cuban light-bulb trial and served notice she would be heading to the Supreme Court for judicial review.

However, K.D. Knight, counsel for Coleen Wright, who is charged jointly with Member of Parliament Kern Spencer, expressed disgust about the posture adopted by the Office of the Director of Public Prosecutions.

"Something is wrong about this. Once you rule and it is adverse to that, 'Oh we have to challenge'," Knight remarked.

The Office of the Director of Public Prosecutions has filed for judicial review on two previous occasions after Pusey made rulings that were not in their favour.

Knight had asked the court to serve a subpoena on Llewellyn saying he intends to call her as a witness in the trial. He says Llewellyn has critical information about how former co-accused Rodney Chin changed his status to being a witness for the prosecution.

Patrick Atkinson, Spencer's lawyer, says he needs to know whether Chin was induced and cross-examining Llewellyn, who interviewed Chin in his lawyer's office while he was still an accused man, is essential to the defence.

"Chin is up there (the witness box) to save his skin and to save several million dollars he intends to earn," Atkinson said, arguing the contractor has an interest to serve.

The trial will resume on May 30.