DPP’s lawyer says subpoena was offensive

The Judicial Review Court on Monday morning began hearing the legal battle between Director of Public Prosecutions, Paula Llewellyn and Senior Magistrate Judith Pusey in the corruption trial of former Junior Minister for Energy, Kern Spencer. 

Ms Llewellyn filed a suit in the Supreme Court in May challenging a subpoena served on her by Mr. Spencer's attorneys to become a witness at the trial.

The DPP has asked the court to quash the decision of the senior magistrate not to set aside the subpoena. 

In making submissions on Monday morning, lead attorney for Ms Llewellyn, Lord Anthony Gifford, argued that the magistrate erred when she ruled that the DPP, who is marshalling the evidence at the Spencer trial, should remain outside the remainder of the trial. 

He said such a decision undermines the authority of the Director of Public Prosecutions office. 

Lord Gifford said the serving of the subpoena on the DPP is offensive; is an abuse of the process of the court and that the magistrate should not have allowed it. 

He said the serving of the subpoena on Ms Llewellyn was aimed to embarrass her and have her removed from the case. 

He added that the action against the DPP was also aimed to undermine her independence. 

Lord Gifford reminded the court that the DPP is a creature of the constitution and therefore had the power to drop the charges against Rodney Chin, a former accused who is now the star witness in the Cuban Lightbulb trial. 

Mr. Spencer's attorneys have raised concerns about the private meeting between Mr. Chin and the DPP which later led to the charges being dropped against him. 

The defence team argued that she will be called as a witness to shed light on her November 2008 meeting.

However, Lord Gifford said the DPP is not obliged to explain her decision to drop the charges against Mr. Chin.

He insists that she had the constitutional authority to have the private meeting with Mr. Chin and his attorney. 

Lord Gifford argued that the meeting is consistent with her powers to talk to any accused in the presence of his attorney, and is not obliged to disclose any information on the conversation.

Mr. Spencer and his former assistant, Coleen Wright, are on trial for money laundering and corruption arising from the collapse of the Cuban Lightbulb programme.

The trial is tentatively set to resume on December 21.