( L - R ) Llewellyn, Spencer

CHANGES to the details of the charges against Opposition Member of Parliament (MP) Kern Spencer caused defence counsel to demand an adjournment to the trial which began in the Corporate Area Resident Magistrate's Court yesterday.

Director of Public Prosecutions Paula Llewellyn, who is leading the case for the Crown, made several amendments to the money laundering charges against Spencer and his former assistant, Colleen Wright.

Though Llewellyn told the court that the changes were "cosmetic", Wright's counsel, K.D. Knight, argued that it represented a "trial by ambush ... and deliberately so".

"For the first time, my client is knowing what the charges are ... don't tell me the learned DPP did not know about this," Knight said in court.

Charges

Spencer and Wright are charged with money laundering under the Proceeds of Crimes Act and breaches of the Corruption Prevention Act, arising out of their roles in the Cuban light-bulb project.

The prosecution is contending that both, who were agents of the state, breached the Corruption Prevention Act by carrying out various deeds to obtain an illicit benefit for themselves and others.

The prosecution also contends that they engaged in a number of transactions, including the depositing and subsequent movement of criminal monies into various accounts, as well as converting and sending the monies overseas.

Spencer, who was junior minister in the energy ministry under the People's National Party (PNP) administration led by Portia Simpson Miller, is accused of using Rodney Chin to front for him in the setting up of four companies to distribute free Cuban energy-saving light bulbs across the island.

In her opening statement yesterday, Llewellyn told the court that the companies were the main beneficiaries of the light-bulb project. She also contended that some of the monies earned were deposited in the account of one of the companies - Universal Management and Development Company - and then later withdrawn at the directive of Spencer and deposited into personal accounts belonging to Spencer and Wright.

Criminal property

The DPP said Spencer, knowing that the money was criminal property, organised its transfer out of Jamaica.

Llewellyn argued that, in May and August of 2007, Spencer and Wright opened several accounts at a particular building society. She said that, when the accounts were opened, the funds deposited were relatively small. She said the accounts were opened on the same day or shortly thereafter.

"The various attempts were to hide the true source of the money," Llewellyn told the court.

Yesterday, at times when the DPP outlined the allegations against Spencer and Wright, the Opposition MP would shake his head in disbelief, lean over to his co-accused and whisper comments.

Seven amendments

However, before pleading Wright and Spencer, Llewellyn outlined seven amendments to the charges and the defence was incensed.

"Every count has been changed ... the defence has even said that they are ready," Spencer's attorney Patrick Atkinson said.

He added: "These are not cosmetic changes. These are fundamental changes. We need time to go though this with our clients and take instructions from them."

Resident Magistrate Judith Pusey granted the adjournment. The trial resumes Monday morning when Phillip Paulwell, who was energy minister at the time of the project, is scheduled to take the witness stand.

daraine.luton@gleanerjm.com