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Prosecutor, defence lawyers square off in Cuban light bulb trial

PAUL HENRY, Observer staff reporter henryp@jamaicaobserver.com

Tuesday, January 13, 2009

Kern Spencer (right), former junior energy minister in the People's National Party Government, makes his way to court yesterday with political activist Patrick Roberts and his co-accused, Coleen Wright, in tow. (Photo: Bryan Cummings)

The withdrawal of the criminal charge against Rodney Chin in the Cuban light bulb case did not materialise as was expected yesterday in the Half-Way-Tree Resident Magistrate's Court, sparking anger among defence lawyers for Chin's two co-accused, former junior energy minister Kern Spencer and Coleen Wright, who wanted the charge to be withdrawn yesterday to allow the defence ample time to prepare for the trial.

Paula Llewellyn, the director of public prosecutions, told the court that, as was the procedure, the charge against Chin would be withdrawn at the start of the trial.

But the defence lawyers, Patrick Atkinson for Spencer and K D Knight representing Wright, both questioned Chin's credibility and asked for full disclosure as to why the charge against him would be dropped and what deal, if any, was struck for his expected testimony against Spencer and Wright.

The lawyers argued that this information was paramount to the defence.

After much back-and-forthing between defence attorneys and the prosecution, Llewellyn told the court that it was Chin's defence team who last October initiated the process of Chin becoming a Crown witness.

The lawyers also complained of being served late with statements by the prosecution.

The matter was set by Senior Magistrate Glen Brown for mention next week Wednesday.

Also yesterday, the charge of breaching the Corruption Prevention Act against Wright, Spencer's former executive assistant and supervisor at the Petroleum Corporation of Jamaica, was withdrawn. It was replaced with a charge of aiding and abetting corruption in that Wright being a Government worker on July 1, 2006 and July 30, 2006 allegedly aided and abetted in securing the service of Universal Management Company, operated by Chin, to distribute the Cuban light bulbs in breach of the Government procurement procedure.

All three defendants were arrested and charged in February last year following a probe into the handling of a gift of four million Cuban light bulbs, which reportedly cost taxpayers well over $100 million to be distributed.

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