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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 th...