RODNEY CHIN, the prosecution's star witness in the corruption and money-laundering case against Kern Spencer and Coleen Wright, took the stand yesterday but only to swear in.
Instead of testimony, the bulk of discussion revolved around defence counsel Patrick Atkinson and K.D. Knight vigorously opposing having two other lawyers in the courtroom while Chin gave evidence.
The stand-off forced Resident Magistrate Judith Pusey to adjourn the trial until today.
The defence told the court on Monday that it intended to call attorneys-at-law Herron Dale and Richard Small as witnesses. Yesterday, a police sergeant served subpoenas on both lawyers inside the Corporate Area Resident Magistrate's Court, rendering the documents worthless under law.
"That is not proper service," Pusey said, despite a submission from Atkinson, who said it was in the interest of justice that both lawyers remain out of earshot.
Bind them over
"Having advised this court that the defence want them to testify, I am asking you not only to ask them to leave the courtroom but also to bind them over to return on September 17, 2009, to be available to the defence," Atkinson asked of Pusey.
However, Pusey refused and said she could not overlook the fact that the lawyers had a right to be in the court, as well as that they were not properly served.
Atkinson, however, protested and said he had seen it done. Pusey told him to furnish the court with the authority. She adjourned court to give Atkinson enough time to find his authority.
Small and Dale represented Chin while he was an accused in the matter, but the defence has said the lawyers might be able to shed light on whether there was any agreement between the prosecution and Chin for his testimony.
Earlier, Atkinson drew the ire of Pusey after he insisted that she enter into the records his objection to the Companies Office of Jamaica being allowed to keep certified copies of documents entered into evidence.
Pusey had admitted the documents but said she was not aware of whether the statute establishing the Companies Office allowed the court to keep certain original documents. She had ruled that the original remain with the Companies Office.
"Please ensure that you record our objection," Atkinson said.
However, Pusey, who had heard similar remarks on countless occasions during the trial, took offence to being "bossed around" and being "instructed".
"I know my job. Please allow me to do it," Pusey fumed. "I am not a kindergarten teacher trying to teach first form."
Spencer and Wright are facing corruption and money-laundering charges. They have pleaded not guilty.
daraine.luton@gleanerjm.com
COMPANY: Fuels of Jamaica
INCORPORATED: July 31, 2006
DIRECTOR: Rodney Chin
WITNESS: Coleen Wright
COMPANY: Butterfly Traders
INCORPORATED: April 9, 2002
DIRECTOR: Kern Spencer and Peggy Ewen
COMPANY: Help Line
INCORPORATED: May 18, 2006
DIRECTOR: Coleen Wright, Joseph
Blackwood
WITNESS: Cameal Wright
COMPANY: Super Ks Studio
INCORPORATED: October 10, 2007
DIRECTOR: Kern Spencer
Company Secretary: Coleen Wright
WITNESS: Cameal Wright
COMPANY: Caribbean Protection Management Safety Services
INCORPORATED: May 19, 2006
DIRECTOR: Rodney Chin and Joseph
Blackwood
WITNESS: Cameal Wright
COMPANY: Caribbean Communications and Media Network
INCORPORATED: July 20, 2006
DIRECTOR: Rodney Chin
Company Secretary: Verdie Mair
WITNESS: Coleen Wright
COMPANY: Universal Management and Development Company
INCORPORATED: July 31, 2006
DIRECTOR: Rodney Chin
Company Secretary: Verdie Mair
WITNESS: Coleen Wright
Companies allegedly linked to illicit benefit under the Cuban light bulb project