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14 Apr 2014 - KD Knight slams DPP for criticising Magistrate

 K.D. Knight, the attorney for Coleen Wright in the recently concluded Cuban light bulb trial, has criticised the insistence by the Director of Public Prosecutions, Paula Llewellyn, that Senior Resident Magistrate Judith Pusey should have disclosed the reasons for throwing out the case.

"Ms Llewellyn is not correct to say that 'whereas a magistrate is not obliged to give reasons, it is the usual practice where a no-case submission is upheld'," says Knight in a hard-hitting column to be published in The Gleaner on Tuesday.

"In my years at the Bar, I have experienced judges sitting alone and magistrates upholding no-case submissions oftentimes saying no more than 'Please stand up, I have accepted your lawyers' submission. You are free to go.'"

The Queen's Counsel, responding to a guest column by Llewellyn on Friday, April 4, also says the DPP did him no favours by not entering a nolle prosequi, effectively pressing the reset button on the entire trial.

Says Knight: "Madam DPP, you had no constitutional 'powers to discontinue the matter by entering a nolle prosequi' to stop the case and recommence it before another magistrate'. And you know that you didn’t. ... Your action was not born of benevolence; it was circumscribed by law."

 
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