DPP renews efforts to remove Pusey

The Director of Public Prosecutions (DPP) has renewed her application for Senior Magistrate Judith Pusey to recuse herself from the Kern Spencer corruption trial.

DPP Paula Llewellyn renewed her application as the trial resumed in the Corporate Area Criminal Court Monday morning.

The renewed application comes days after High Court judge Justice Lloyd Hibbert dismissed the original application filed on November 24.

The DPP is insisting that the Senior Magistrate recuse herself from the trial on the basis of "apparent bias".

In making the application on Monday, Caroline Haye, Senior Deputy Director of Public Prosecutions, argued that Ms Pusey should remove herself from the case based on her conduct and posture at the trial.

Mrs. Haye chronicled a long list of utterances made by Ms Pusey during the trial.    

Senior Magistrate hostile to the DPP

According to the Senior Deputy DPP, the Senior Magistrate's hostility, direct entry into the fray, covert threats and words of ridicule aimed at the prosecution formed the basis of "apparent bias".

She argued that the conduct, words and posture of the Ms Pusey over the period amounted to conduct beyond the jurisdiction of the Magistrate and would give an observer the impression that the trial judge was not objective or impartial.

Mrs. Haye further accused Ms Pusey of prejudging the prosecution's case long before it is permitted by the court.

Mrs. Haye also accused the Senior Magistrate of being hostile towards the DPP, adding that she has crossed the line from which there is no return.

Veiled threats

She cited what she called veiled threats made to the DPP by the Magistrate who had accused the country's chief prosecutor of obstruction of justice, which is a criminal offence.

The senior prosecutor further accused Ms Pusey of subjecting the prosecution team to ridicule by her words throughout the trial.

The Senior Deputy DPP cited the words used by the Senior Magistrate during her submissions.

According to Mrs. Haye the court is not impartial and based on the many utterances, the senior magistrate should recuse herself from the trial.

However, she was careful to state that the complaint being filed against the magistrate is not one accusing her of having a personal interest in the matter.

Mr. Spencer and his former assistant Coleen Wright are on trial for alleged corruption arising from the Cuban Light Bulb Programme.