The Constitutional Court is to decide tomorrow whether it will grant the declarations being sought by former state minister Kern Spencer, who is facing fraud charges.
Spencer and his former assistant, Colleen Wright, are charged in connection with the multimillion-dollar Cuban light-bulb scandal.
Spencer is contending that the Director of Public Prosecutions' (DPP) failure to grant him full disclosures will prevent him from getting a fair trial and is a breach of his constitutional rights.
Spencer wants the DPP to tell him the circumstances under which his former co-accused, 45-year-old businessman Rodney Chin, gave a statement as a witness for the prosecution while still an accused.
The charges against Chin were subsequently dropped.
Deputy Solicitor General Lackston Robinson has asked the court to throw out Spencer's motion, but Spencer's lawyer, Patrick Atkinson, has asked the court to grant the declarations.
Robinson disclosed yesterday that Spencer's lawyers had written to DPP Paula Llewellyn earlier this year, asking her and Chin's lawyer, Richard Small, to excuse themselves from the case because they might be potential witnesses.
He said Spencer was asking them to excuse themselves from the case having regard to all the circumstances of the matter. Spencer had based his request on the basis that, with regard to Chin, the issue of any bargaining, inducement or interest to serve was going to be fundamental to Chin's credibility.
No affidavit
The DPP and Small did not give any affidavit in the constitutional motion, which could make them likely witnesses in Spencer's case and would prevent them from participating in the trial in the Corporate Area Resident Magistrate's Court.
The affidavit in response to Spencer's contentions was given by Crown Counsel Kerry Ann Kemble, who said the DPP had made full disclosures of all material and information in her possession.
Spencer's trial has been set for the Corporate Area Resident Magistrate's Court on June 22.
Llewellyn is prosecuting the case.
barbara.gayle@gleanerjm.com