Thursday, April 3, 2014

Kern Spencer Trial: The Ruling

The Resident Magistrate Court is not a court of record i.e. there is no court stenographer recording verbatim the proceedings of the trial. In case of an appeal, reliance is placed on the notes compiled by the sitting Resident Magistrate.

Not having access to the RM's notes, resort has to be made by that recorded by one or both parties.
Below is the "transcribed verbatim by a member of the prosecution's team".

We have no way of attesting to the veracity of such ; and its posting is primarily to complete the picture--having published both No Case Submissions and the Crown's Response.

R v Kern Spencer and Coleen Wright
Ruling of  on Application for Permanent Stay of Proceedings and No Case Submission
Her Honour Ms. Judith Pusey states:
“No case submission was made by the defence and an application for the stay of the proceedings on the basis of delay and prosecutorial misconduct.
The credibility of Rodney Chin was put in issue.
In this case the Crown is relying on circumstantial evidence.”
(The Senior Resident Magistrate cited the well-known direction from Lord Parker’s Practice Note [1962] 1 All ER 448). She then went on to state:
“There are two things to note:
  1. Information 2803/08 charges Colleen Wright with transferring criminal property outside of Jamaica. The prosecution concede that they have not proved an essential element of the charge. There is no need to rule on this information.
  2. Information 2793/08 and 2791/08 charge Kern Spencer with transferring criminal property. Both informations speak to the same issue and are duplications. One should be withdrawn and the prosecution determine which one they are proceeding on.

The issue of delay resulting in stay and prosecutorial misconduct were properly raised. Having examined the evidence adduced and the manner in which the trial proceeded it is unnecessary to determine these issues. Both accused should not be called upon to answer.
The accused are dismissed in relation to the charges.”

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