DIRECTOR of Public Prosecutions Paula Llewellyn yesterday renewed her application for the removal of Senior Corporate Area Magistrate Judith Pusey from the corruption trial of former junior energy minister Kern Spencer.

In what appeared at times to be a confrontational submission, Senior Deputy Director of Public Prosecutions Caroline Hay renewed the application on the same ground of apparent bias.

Hay again outlined to Pusey that her utterances and posture towards the prosecution placed her in the category that would require her withdrawing from the closely watched trial.

The renewal comes days after Supreme Court judge Justice Lloyd Hibbert last week threw out Llewellyn’s motion seeking a judicial review of what she said was Pusey’s refusal in open court to entertain the said application for her to recuse herself from presiding over the trial. In dismissing the application, Hibbert said that Llewellyn’s motion was premature, in light of the fact that the application for Pusey to recuse herself was not made in the magistrate’s court.

Yesterday’s application was filled with much back-and-forthing between Hay and Pusey over several issues, among them Hay’s insistence to read verbatim the submission, a copy of which she had already given to Pusey.

Pusey asked Hay to “show some respect for the court”, saying that she was still the sitting magistrate, and noting that she (Hay) could not continue “dismissing” her order “with impunity”.

During the submission, aspects of which had previously been published by the Observer, Hay said Pusey was not being accused of actual bias. She said that Pusey’s words indicated “irrational prejudice” and accused the magistrate of making veiled threats against the prosecution. She said this could give the fair-minded observer a perception of bias.

Hay said that Pusey had pre-judged the prosecution’s case long before the time was appropriate. She also pointed to instances of the magistrate ridiculing the prosecution’s case.

Hay is to continue the submission today.

Spencer and his co-accused Coleen Wright are facing several counts of corruption stemming from the handling of the Cuban light bulb programme which has caused taxpayers millions of dollars. The Crown is alleging that the money was pocketed by both accused.