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Former State Minister and Member of Parliament 33-year-old Kern Spencer, who is facing charges stemming from the multimillion-dollar Cuban lightbulb scandal, has taken the director of public prosecutions (DPP) to the Constitutional Court.
Spencer is seeking to get full disclosure of the conversations between DPP Paula Llewelyn, QC, or agents of her department, and his former co-accused, 45-year-old businessman Rodney Chin, or Chin's lawyer.
Charges were dropped against Chin in January and he will be testifying for the Crown.
Spencer is contending that the DPP's alleged refusal to make full disclosure is a breach of his constitutional rights and is seeking a declaration from the Constitutional Court to that effect.
He is also seeking an order from the court to compel the DPP to give full disclosure.
In court documents filed on April 24, Spencer said that his lawyers had written to the DPP in January but the DPP's response was that she had already made full disclosure.
The matter came before Supreme Court Judge Roy Anderson in chambers yesterday but was put off for June 2 after government lawyers raised the issue that Chin should also be served with court documents in connection with the matter.
Government lawyer, Lackston Robinson, who is representing the attorney general, is named as a respondent and spoke to The Gleaner.
He said that when the matter returned to court, a date would be set for a case-management conference and after that, a date would be set for the hearing.
Spencer, who is being represented by attorneys-at-law Patrick Atkinson, Deborah Martin and Sharon Usim, is contending that if full disclosure is not made, the resident magistrate who is going to try his case will not have the necessary information to adequately assess Chin's credibility.
The DPP is being represented by Opal Smith, acting deputy DPP, and Crown Counsel Carole Barnaby.
Spencer was arrested and charged in February last year and his trial has been set to start on June 22 for two weeks in the Corporate Area Resident Magistrate's Court.
He is charged jointly with 27-year-old Colleen Wright, his former assistant.
The charges range from conspiracy to defraud, money laundering and breaches of the Corruption Prevention Act.
Spencer is facing nine charges and Wright six.