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Swirling allegations of theft as Cuban Light Bulb trial begins
Wednesday, 24 June 2009
Former Junior Minister for Energy Kern Spencer went on trial Wednesday in the Corporate Area Criminal Court.
Mr. Spencer and his former assistant Coleen Wright are accused of corruption and money laundering arising from the 2006 Cuban Light Bulb programme.
Director of Public Prosecutions (DPP) Paula Llewellyn fired the first salvo Wednesday afternoon declaring that she will be presenting evidence to show that Mr. Spencer and Ms Wright were involved in criminal conduct in the Cuban Light Bulb project.
She accused the two of being involved in a scheme to defraud the project and to ship money out of the country to hide the source of their new-found wealth.
In her lengthy opening statement before a packed courtroom, the country's chief prosecutor stated that over the next couple of weeks, she intends to show how the former Junior Minister and his Assistant formed companies as part of a scheme to siphon millions of dollars from the light bulb programme.
She said following a successful pilot project of the light bulb programme in East Kingston and Port Royal and East Rural St Andrew in 2006, then-Energy Minister Phillip Paulwell handed over full responsibility for the programme to Mr. Spencer.
Front companies
But she said almost simultaneously, Mr. Spencer formed four companies with the help of former accused Rodney Chin.
Universal Management and Development Company Limited (UMDC), Caribbean Communications and Media Network Limited (CCMN), Fuels of Jamaica Limited and Caribbean Protective Security Management Limited were formed.
The UMDC was the project management company responsible for the distribution of the four million Cuban energy saving bulbs.
According to the DPP, although Mr. Chin allowed his name to be used as a front to open the companies, they were actually managed and controlled by Mr. Spencer and Ms Wright.
She said she will show how monies earned were deposited in the UMDC account and later withdrawn at Mr. Spencer's direction and lodged into his personal accounts.
The DPP noted that the criminal conduct of the two involved the creating of several bank accounts at a building society and other financial institutions.
The evidence, she added, will show how Mr. Spencer and Ms Wright pushed around the money paid to the front companies and that close friends of Mr. Spencer helped him to change cheques made out to the UMDC.
Miss Llewellyn said the facts showed that they transferred millions of dollars out of Jamaica as part of a scheme to launder the money.
The trial continues Monday with former Energy Minister Phillip Paulwell expected to take the stand.
DPP's amendment to charges sparks the ire of the defense
In the meantime, the DPP is coming under fire this afternoon from Mr. Spencer's attorneys.
The lawyers have accused her of ambushing them when she applied to the court today to make amendments to some of the money laundering counts submitted before the court.
They say the DPP failed to alert them to her plans to change the counts.
Miss Llewellyn described the changes as cosmetic, but this has angered the defense.
"We're of the view that the changes are not merely cosmetic. When you change a section ... you are changing the offence ... when you change particulars of an information (the document detailing the charges), you are changing that which we're prepared to meet. So, to do such an act at this stage is to change the complexion, the understanding of the charges we have come prepared for," said Deborah Martin, one of the Mr. Spencer's attorneys.
She described the changes as inappropriate, unprofessional and outrageous.
"This is a continuing trend, this failure to disclose in a timely manner to the defense so that we are properly prepared," said Ms Martin.
Wednesday, 24 June 2009
Former Junior Minister for Energy Kern Spencer went on trial Wednesday in the Corporate Area Criminal Court.
Mr. Spencer and his former assistant Coleen Wright are accused of corruption and money laundering arising from the 2006 Cuban Light Bulb programme.
Director of Public Prosecutions (DPP) Paula Llewellyn fired the first salvo Wednesday afternoon declaring that she will be presenting evidence to show that Mr. Spencer and Ms Wright were involved in criminal conduct in the Cuban Light Bulb project.
She accused the two of being involved in a scheme to defraud the project and to ship money out of the country to hide the source of their new-found wealth.
In her lengthy opening statement before a packed courtroom, the country's chief prosecutor stated that over the next couple of weeks, she intends to show how the former Junior Minister and his Assistant formed companies as part of a scheme to siphon millions of dollars from the light bulb programme.
She said following a successful pilot project of the light bulb programme in East Kingston and Port Royal and East Rural St Andrew in 2006, then-Energy Minister Phillip Paulwell handed over full responsibility for the programme to Mr. Spencer.
Front companies
But she said almost simultaneously, Mr. Spencer formed four companies with the help of former accused Rodney Chin.
Universal Management and Development Company Limited (UMDC), Caribbean Communications and Media Network Limited (CCMN), Fuels of Jamaica Limited and Caribbean Protective Security Management Limited were formed.
The UMDC was the project management company responsible for the distribution of the four million Cuban energy saving bulbs.
According to the DPP, although Mr. Chin allowed his name to be used as a front to open the companies, they were actually managed and controlled by Mr. Spencer and Ms Wright.
She said she will show how monies earned were deposited in the UMDC account and later withdrawn at Mr. Spencer's direction and lodged into his personal accounts.
The DPP noted that the criminal conduct of the two involved the creating of several bank accounts at a building society and other financial institutions.
The evidence, she added, will show how Mr. Spencer and Ms Wright pushed around the money paid to the front companies and that close friends of Mr. Spencer helped him to change cheques made out to the UMDC.
Miss Llewellyn said the facts showed that they transferred millions of dollars out of Jamaica as part of a scheme to launder the money.
The trial continues Monday with former Energy Minister Phillip Paulwell expected to take the stand.
DPP's amendment to charges sparks the ire of the defense
In the meantime, the DPP is coming under fire this afternoon from Mr. Spencer's attorneys.
The lawyers have accused her of ambushing them when she applied to the court today to make amendments to some of the money laundering counts submitted before the court.
They say the DPP failed to alert them to her plans to change the counts.
Miss Llewellyn described the changes as cosmetic, but this has angered the defense.
"We're of the view that the changes are not merely cosmetic. When you change a section ... you are changing the offence ... when you change particulars of an information (the document detailing the charges), you are changing that which we're prepared to meet. So, to do such an act at this stage is to change the complexion, the understanding of the charges we have come prepared for," said Deborah Martin, one of the Mr. Spencer's attorneys.
She described the changes as inappropriate, unprofessional and outrageous.
"This is a continuing trend, this failure to disclose in a timely manner to the defense so that we are properly prepared," said Ms Martin.
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