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:
- 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.
- 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withdrawn and the prosecution determine which one they are proceeding on.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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