Judicial Review involving DPP and Senior Magistrate begins

The Judicial Review case involving Director of Public Prosecutions, Paula Llewellyn and Senior Magistrate, Judith Pusey concerning the Cuban Light bulb Trial began on Monday morning in the Supreme Court.

The corruption trial of former Junior Minister for Energy Kern Spencer was stalled four months ago after the DPP filed an action in the Supreme Court challenging a ruling by Ms Pusey.

Ms Llewellyn accused the Magistrate of ordering her to give a statement about meetings with accused-turned star witness Rodney Chin.

One of the important matters to be determined here was if the DPP could seek Judicial Review of an order by a Resident Magistrate.

Jaclyn Samuels-Brown, Q.C, who is representing Senior Magistrate Judith Pusey, said that she considered raising this as a preliminary point but decided to incorporate it into her submissions instead.

She says the respondent has not conceded that the DPP can indeed make such an application.

However, in Monday morning’s session, Deputy DPP Diane Gordon-Harrison submitted that the DPP does indeed have standing in the matter.

The civil procedure rules which govern the operation of the Supreme Court allow any person, group or body with sufficient interest in the subject matter of the application to apply.

The question was raised by the court as to whether the category ‘any person’ includes the DPP.

But the Deputy DPP argued that it would.

Mrs. Gordon-Harrison also argued that under section 94 of the Constitution, the DPP is not subject to the control of any person and that by requiring the statement the magistrate would have been interfering with the DPP’s discretion to discontinue criminal proceedings against Mr. Chin.

She also responded to questions from the court as to how the magistrate could, by requiring the statement, interfere with the discontinuance of criminal proceedings against Mr. Chin and that had already taken place.