Llewellyn challenges Pusey's order, subpoena
Published:Wednesday | May 11, 2011 | 12:00 AM
Barbara Gayle, Staff Reporter
Director of Public Prosecutions Paula Llewellyn, QC, has filed an application in the Supreme Court seeking leave to the Judicial Review Court to set aside a subpoena for her to be a defence witness in the fraud and money-laundering trial of former junior minister Kern Spencer.
The application, which was filed yesterday in the Supreme Court, has been set for hearing in chambers on May 24.
Llewellyn was one of the prosecutors leading evidence in the case when she was issued with the subpoena last month.
Spencer and his former assistant Colleen Wright are accused of benefiting improperly from the implementation of the Cuban light-bulb project.
Defence lawyers in the case want Llewellyn to disclose how businessman Rodney Chin, who was jointly charged with Spencer and Wright, became a witness for the prosecution. They also want Llewellyn to hand over notes Chin testified she had taken during the interview at his lawyer's office.
Llewellyn has denied taking notes during the interview.
application refused
After the subpoena was served on Llewellyn, an application was made to Senior Resident Magistrate Judith Pusey to set it aside, but she refused.
Llewellyn is seeking a declaration that the issuing of the subpoena was an abuse of the process of the court. She is seeking an order to quash the decision of the RM not to set aside the subpoena.
Declarations are also being sought to quash the subpoena, as well as Pusey's order that Llewellyn should remain out of hearing for the remainder of Chin's testimony.
Llewellyn said in court documents that the relevant evidence which the defence is seeking to get from her as a witness can be obtained from other witnesses who are available and willing to testify.
She said the reasons for discontinuing criminal proceedings against Chin are the only evidence the other witnesses were unable to give, arguing that she, as DPP, was not obliged to disclose the reasons for the exercise of her discretion under Section 94 of the Constitution of Jamaica.
Llewellyn said she would not be able to operate as a prosecutor in the trial if she were called as a witness for the defence.
Spencer and Wright are to return to the Corporate Area Resident Magistrate's Court on May 30.