Judge to rule on disclosure of Chin's alleged role in NHT fraud

SENIOR Magistrate Judith Pusey should rule today on an application from the defence in the Cuban lightbulb case for disclosure of the Contractor General's report on businessman Rodney Chin's alleged involvement in a recently uncovered case of fraud against the National Housing Trust.

The defence is contending that the report is critical to its case as it goes to the credibility of Chin, who is currently giving evidence against former junior energy minister Kern Spencer and his assistant Coleen Wright.

Defence lawyers KD Knight and Patrick Atkinson had in late January penned a letter to Paula Llewellyn, the director of public prosecutions, asking for disclosure of the information which was sent by the Office of the Contractor General to the Fraud Squad.

But in response to yesterday's application for disclosure, Llewellyn said that neither she nor the police can make such a disclosure, while quoting Section 20 of the Contractor General Act. Llewellyn said that if the defence wants the material it should consider issuing, through the court, a subpoena to have Contractor General Greg Christie give evidence about his findings.

During arguments yesterday in the Corporate Area Resident Magistrate's Court, Pusey said that any such disclosure may compromise the police investigation into the alleged case of fraud -- which involved the setting up of dummy companies to benefit from building contracts issued by the Government or quasi-government entities.

Pusey said also that a disclosure may affect the persons who may be brought before the courts for their role in the alleged case of fraud.

The magistrate said she will give her ruling today and was asked by Knight to consider Section 24 (3) of the Contractor General Act.

On another issue, the prosecution will today renew an application for the entering into evidence of a phone used by Chin to record a conversation with Spencer when the lightbulb scandal broke in 2007.

Chin's evidence was cut short yesterday due to the prosecution's application which is being opposed by the defence.

Spencer and Wright were charged with several counts of breaching the Anti-Corruption Act after irregularities were found in the distribution of four million energy-saving lightbulbs which were given to Jamaica by Cuba in 2006.

Chin had also been charged, but the charges against him were dropped after he agreed to turn State witness.

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