THE prosecution in the Cuban light bulb trial yesterday scored a major victory when Senior Magistrate Judith Pusey ruled that potentially damaging audio recordings between former junior energy minister Kern Spencer and Crown witness Rodney Chin can be entered into evidence.

The recordings are expected to be played when trial resumes in the Corporate Area Resident Magistrate's Court on March 23.

Following RM Pusey's ruling, Queen's Counsel KD Knight, who represents Spencer's co-accused, Coleen Wright, gave notice that the defence may file an appeal.

Knight told reporters after the adjournment that the defence would have to look at the legislation to determine if an appeal could be made at this stage of the trial.

RM Pusey had ruled also that the conversation between Chin and Sherne Shakes -- the mother of Spencer's child -- could not be entered into evidence. The magistrate said it was hearsay and that its relevance is questionable in the determination of the innocence or guilt of Spencer and Wright.

The series of recordings were made by Chin between October 2007 -- when the Cuban light bulb scandal broke -- and February 2008.

The phones Chin used were previously entered into evidence but the defence had been fighting hard to prevent the playing of the recordings.

Knight and attorney Patrick Atkinson, who appears for Spencer, had submitted, during their effort to block the playing of the recordings, that the phone Chin used to record the conversations had a malfunction and, in keeping with Section 31 of the Evidence Act, should not be allowed into evidence.

The prosecution, led by the Director of Public Prosecutions Paula Llewellyn, had noted in opposing submissions that the malfunction spoken of was confined to the send button, which had to be pressed more than once for it respond.

In handing down her written ruling yesterday, the magistrate said Chin's evidence that the malfunction did not affect the recording of the conversations or the transfer of the recordings to another phone, was sufficient to satisfy section 31G and H of the Evidence Act.

"It is moot whether Rodney Chin is competent to give evidence about the operation of the devices to satisfy section 31G and H. On any reading of the section, it is clear that it does not designate who is competent to give the evidence. Mr Chin can speak to the operation of the mechanism and that it did what it was commanded to do," RM Pusey said.

Added RM Pusey: "The evidence here, which is uncontroverted, is that when the transfer was made the material was identical so the fact that the button did not answer in a first touch... did not on the evidence affect, dilute or corrupt the data transferred. The mere use of the word malfunction in the section could not imply a simplistic application of the mind in the interpretation of the section."

Spencer, Chin and Wright were arrested and slapped with several corruption-related charges, stemming from the distribution of four millions free light bulb from the Cuban government which ended up costing Jamaican taxpayers several million dollars.

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