Questionable Conduct: The Jamaican Political Reality

The following is the Crown's Response to the No Case Submissions (NCS) made on behalf of Kern Spencer  and Coleen Wright: SKELETON RESPONSE TO NO CASE SUBMISSION ON BEHALF OF KERN SPENCER AND COLEEN WRIGHT FOR BREACHES OF THE PROCEEDS OF CRIME ACT AND THE CORRUPTION PREVENTION ACT 1. The prosecution submits that the Crown has proven all the elements relative to the charges brought against the accused for Breaches of the Corruption Prevention Act and the Proceeds of Crime Act. 2. It is our further submission that at this stage all that is required for the prosecution to establish is a prima facie case against the accused in relation to the charges. 3. Questions relative to the credibility or reliability of any of the witnesses called by the Crown are questions of fact for the tribunal of fact to determine at the end of the case. CIRCUMSTANTIAL EVIDENCE   4. The Crown has sought to establish the case against the accused in this case through d

The following is the No Case Submission (NCS) made by K.D. Knight Q.C. on behalf of Coleen Wright: NO CASE SUBMISSION (SKELETON ARGUMENTS) R   v   COLEEN WRIGHT AND KERN SPENCER INTRODUCTION The submission is based on the following: - JAMAICA CONSTITUTION FAIRNESS IN CRIMINAL TRIALS LORD PARKER’S PRACTICE DIRECTION Following discussion under each of these heads, there is an Analysis of Counts, then an Analysis of Evidence of Particular Witnesses. THE CONSTITUTION The Jamaica Constitution relevant to this case provides in Section 20(1) “whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law”. Section 20(6)(b) and (d) provide: - Every person who is charged with a criminal offence – (b) shall be given adequate time and facilities for the preparation of his defence; (d) shall be a

The following is the No Case Submission (NCS) made by Deborah Martin, Attorney-at- Law, on behalf of Kern Spencer: HOLDEN AT HALF WAY TREE RESIDENT MAGISTRATE’S COURT   HALF WAY TREE IN THE PARISH OF ST. ANDREW REGINA v. KERN SPENCER – FOR CORRUPTION, MONEY LAUNDERING INFORMATION NO:                10678/08                                                 2788/08                                                 2789/08                                                 2790/08                                                 2791/08                                                 2792/08 APPLICATION FOR STAY OF PROCEEDINGS AND DISMISSAL OF ALL CHARGES AGAINST THE ACCUSED KERN SPENCER GROUNDS Denial of right to fair trial within reasonable time. Denial of right to fair trial because Prosecution failed to give disclosure of material evidence in a timely manner or at all. Denial of right to fair trial because of Prosecutorial Misconduct. No