LETTER OF THE DAY - A wise ruling from RM Pusey
Published:Thursday | December 9, 2010 | 12:00 AM
The Editor, Sir:
The decision by Senior Resident Magistrate Judith Pusey to refuse the prosecution's application for her to recuse herself from the Kern Spencer corruption case and to deny the defence's application to have the case thrown out on the basis of prosecutorial misconduct was seemingly the best route for the embattled magistrate.
RM Pusey ruled on Wednesday that the prosecution did not make out a case for "apparent bias" on her part, and that the case should go forward and not be thrown out as the defence would have liked.
Were RM Pusey to refuse the prosecution's application and grant the defence's, she would likely leave in the minds of some an impression that Director of Public Prosecutions (DPP) Paula Llewellyn was, indeed, correct in her accusing the magistrate of demonstrating evidence of some bias.
If she had gone ahead and recused herself, others would similarly hold the view that she was, indeed, biased as alleged by the DPP, even though her doing so might have been more to prevent the trial from continuing to be engulfed in a constant state of controversy and to allow for there to be some semblance of justice being done in the disposition of the matter. So the route she took was most wise.
Harbouring bias
That the magistrate denied both applications and ruled for the trial to continue do not necessarily mean, however, that she will be spared any accusation or suspicion of her having harboured and/or continuing to harbour some amount of bias as regards the case as alleged.
She could end up, for instance, upholding a no-case submission that the defence could make following the closure of the prosecution's case, which could have the effect of - in the minds of those so suspicious or inclined to believe - cleverly neutralising any such alleged or perceived bias on her part.
This analysis is by no means an attempt to call into question the integrity of the magistrate, whom I am sure will professionally dispose of the matter as the law prescribes and justice warrants.
I am, etc.,
KEVIN K.O. SANGSTER