HOW LONG BEFORE JUSTICE IS SERVED?

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The Cuban Light Bulb case is back before the Courts in Jamaica. This is a simple case which involves defendants Kern Spencer a former Junior Minister of the PNP Administration and his personal assistant Colleen Wright. Spencer and Wright are on trial for illicit enrichment and money laundering, arising from the implementation of the Cuban light bulb program. For those not familiar with this case, it is a simple case alleging that Kern Spencer a Minister of Government  and his assistant ,tasked with supervising the handout of light-bulbs to Jamaican households, illegally enriched themselves with proceeds of said light-bulbs. The energy conserving bulbs were a gift to the Jamaican people from the Cuban Government.

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Wright and Spencer

The case has seen several twists and turns, with one particular glaring first. The trial Magistrate Judith Pusey adopting a posture in the trial almost reserved for defense lawyers. Pusey has removed herself as an impartial arbiter of facts in this non-jury trial, demanding that the Director Of Public Prosecution Paula Llewellyn, the Prosecutor testify in the case. Llewellyn correctly refused. Pusey challenged the Prosecutor’s right to use one accused as a prosecution witness against Spencer and Wright, a right the Prosecutor has in law.

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Defense Lawyer Kd Knight, l-r , Kern Spencer center, and Colleen Wright

The Magistrate then ruled that the Prosecutor could not be in the court room when it’s own witness Rodney Chin was giving his testimony. Paula Llewellyn went to the High Court. The Supreme Court held  that the Senior RM had no authority to instruct that Llewellyn leave the courtroom when chief prosecution witness Rodney Chin was testifying. Resident Magistrate Judith Pusey dissatisfied with the ruling of the Supreme Court, went to the Court of Appeals to have the order rescinded. In a unanimous decision, the Court of Appeal upheld the Supreme Court’s ruling and threw out Pusey’s application.
The appeals court also said the Cuban light-bulb trial, which has been stalled, should now go ahead.

The Lawyer representing the accused is none other than KD Knight  a sitting Senator of the said PNP Administration of Portia Simpson Miller. I know many of you are confused by now at what you have just read. Do not be confused this is business as usual in the Island of Jamaica.

The trial has restarted and a banking witness, Sasha Neil-Elliott testified that the multi-million-dollar wire transfer was done five days after Spencer and his co-accused, Colleen Wright, used cash totaling $3.25 million to open a fixed deposit account at the financial institution on July 25, 2007. Elliott, who was led through her evidence by lead prosecutor Paula Llewellyn, gave evidence that on July 30, Spencer and Wright returned to the financial institution with cash amounting to $3 million and opened a second fixed deposit account. She said the former junior energy minister informed her that the purpose of the accounts was to secure a loan. The JNBS customer service representative testified that while she was completing the arrangements to open the second fixed deposit account, Spencer indicated that he wanted to take out two loans for $2.25 million each. According to Elliott’s testimony, the money was transferred to a Florida bank account for Land Rover North Dade, located in Miami Lakes, Florida.http://jamaica-gleaner.com/gleaner/20130912/lead/lead3.html.

I have been following this case from the very beginning. Have written extensively in these blogs about this case. It is a travesty and an affront to the intelligence of all Jamaicans that a Judge could be this political and subsequently morally unfit for the office she holds. Every day we hear of Police officers betraying their oath, where is the outrage for this politician and this Magistrate? Where is the disgust for this immoral Administration ? How can anyone get on social media and post fluff articles about supposed positives in the country when the heart of the country is rotting and decaying further?

4 thoughts on “HOW LONG BEFORE JUSTICE IS SERVED?

  1. Your last paragraph is extremely apropos !! Spot on !! Nuuff respect !!

    • Set side your legal hat for a moment. I believe it has been a first that a magistrate ever challenged a prosecutor the way this one did. She wanted her to testify, where else does this happen? She wanted her to divulge when what and where she was told certain things, she challenged the prosecutor’s right to use it’s witness to testify against Spencer, She went o the Appeals court , where she was smacked down. Justice must not only be done it must also appear to be done. It is imperative that the magistrate appear to be above it. Pusey through her posture and utterances have systematically shown a disdain for the decorum necessary for the office she holds.

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