The fraud and money laundering charges against former Jamaican Energy Minister Kern Spencer (and his then-assistant, Colleen Wright) have been dropped after Senior Resident Magistrate Judith Pusey upheld a no-case submission filed by their attorneys. The case was the result of what has become known as the Cuban Light Bulb scandal, in which the distribution of energy saving light-bulbs, donated by the Cuban government, ended up costing Jamaica JA$276 million (about US$2.5 million).
A video which was widely circulated in 2007, showed Kern Spencer breaking down in Parliament while the Jamaica Labour Party government, which was in office at the time, pressed him for answers relating to the light-bulb distribution program:
Journalist Emily Crooks tweeted the developments as they happened:
Breaking news – RM upholds a no case submission made by Defence attorneys – #KERNSPENCERFREED
— Emily Crooks (@emilynationwide) March 24, 2014
Money laundering and conspiracy charges end against Kern Spencer. RM Judith Pusey rules he has NO case to answer
— Emily Crooks (@emilynationwide) March 24, 2014
Kern Spencer – Charged in Feb 2008; Spent 2 nights in custody; on trial for 6yrs; freed – March 24, 2014
— Emily Crooks (@emilynationwide) March 24, 2014
The magistrate's decision drew much attention not only because the charges involved a politician, but because the case furthered an ongoing discussion about the Jamaican justice system. Many commenters compared the outcome of this case to the recent Vybz Kartel verdict. A blogger at Yardflex wondered if there was a double standard:
Spencer, the former junior energy minister [and] north east St Elizabeth Member of Parliament, who cried in Parliament when the allegations were first made public, was a picture of relief after the ruling.
Defence attorneys K.D. Knight and Deborah Martin argued, in their submissions, that Spencer and Wright were denied a fair trial because of prosecutorial misconduct and the lengthy delays in the case and that the evidence did not support the charges.Same situation with Kartel. Why was he found guilty?
Dee Nadz Tine said that people should not jump to conclusions about the Jamaican justice system on the basis of a single case:
Two weeks ago in the Kartel Murder Trial the justice system was being lauded, now in the Kern Spencer trial, the same people are bemoaning and crying shame of the same system…never let one situation and its outcome bring us to a conclusion; neither should we allow hatred, anger, dislike, love, fondness, political allegiance to be the premise on which we pass judgment#ourjusticesystemisbroken #admitit #itcouldfailyoudirectly
Twitter users couldn't help but compare the two cases, however:
Ask not for whom justice was served @iamthekartel, Alas it wasn't for thee #KERNSPENCERFREED
— anniepaul (@anniepaul) March 25, 2014
Kern spencer walk free an d boss a go jail on d basis dat he is just too influential..no justice system
— Lanz Authentic (@lancebrown19) March 25, 2014
If kern spencer can walk free …so shud kartel ..
— IG:thsgurl_lisa (@spencer_lisa87) March 25, 2014
"All animals are equal but some are more equal than others." #KERNSPENCERFREED
— Rae Smith (@isme876) March 25, 2014
This Twitter user did not understand how the case could end this way after a six-year investigation…
So it took 6 years for them to realize that there was no case submission against Kern Spencer? :/
— JANNEILLE N. MORGAN (@Jade1Allure) March 25, 2014
…while this one felt that Spencer should have had an opportunity to clear his name in court:
Kern Spencer was done a MAJOR INJUSTICE having heard he has NO CASE TO ANSWER after 6 YEARS as an ACCUSED @emilynationwide @nemsfrancis
— Alric Williams (@alricwill) March 25, 2014
Others suggested that the whole process was a waste of time:
This Kern Spencer court ruling tho, we've been better 4 tax payers if they didn't wait 5 yes to tell us what we already knew smh