Kern's case slows

Published: Tuesday | June 30, 2009


Daraine Luton, Staff Reporter


From left Spencer, Knight and Llewellyn

Correction & Clarifiation

Kern Spencer was referred to as “a former People’s National Party member of parliament”. This is incorrect as Mr Spencer still remains member of parliament for North East St Elizabeth. We regret the error.


ATTORNEYS representing Kern Spencer and Colleen Wright yesterday attempted to haul the director of public prosecutions (DPP) over the coals, accusing her of being far from thorough in the preparation of the high-profile corruption case.

The start of the trial was adjourned until July 27 - 15 months after the charges were first laid - as defence counsel argued that recent amendments made to the charges placed them at a disadvantage in making proper representation.

No guidance

DPP Paula Llewellyn told the court she had made the amendments because the charges had been written up by the police without guidance from her office. She said, however, that the changes were minor and that should not affect the defence's ability to start the case.

However, K.D. Knight, Wright's attorney, blasted the DPP and her office for bungling in the preparation of the case.

Last Wednesday, Llewellyn sought to amend the information in the charges brought against Spencer and Wright. She claimed the amendments were minor but the defence said they were new charges and they required more time.

Resident Magistrate (RM) Judith Pusey said it would amount to professional misconduct to start the trial when there were grounds for an adjournment.

When defence attorneys Patrick Atkinson and Knight spoke in court yesterday, Pusey expressed disappointment that they did not present her with legal arguments to advance their claims that the changes were major and that more time was needed.

More than minor

The RM said that in her opinion, two of the amendments were more than minor changes.

While making his submission to the court, Knight snapped at the prosecution's bench when he was disturbed by controlled snickering as he argued that the amendment of a charge against Wright from "transfer criminal property ..." to "transfer from Jamaica criminal property" was a major change.

Spencer, a former People's National Party member of parliament, is charged with corruption arising out of his alleged role in benefiting improperly from the distribution of free Cuban light bulbs.

Wright, his co-accused, also faces similar charges.

A third person, Rodney Chin, who was charged jointly with Spencer and Wright, has turned prosecution witness and the charges against him have been dropped.

daraine.luton@gleanerjm.com