Questionable Conduct: The Jamaican Political Reality

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 th...

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 thro...