Kern was never on trial

Dear Editor,

The affirmation of a no-case submission by Resident Magistrate Judith Pusey has been met with mixed reactions from the populace.

The general perception was that a trial was taking place. What the media had not made clear to its audience was that all that occurred was a preliminary hearing, best described as a "trial before the trial". This iis where the judge decides whether there is enough evidence to force the defendant to stand trial. In making this determination, the judge uses the 'probable cause' presented as evidence by the prosecutorial authorities (DPP) to convince a reasonable jury if the defendant committed the crime(s) charged.

In the Kern Spencer case, the judge was not to determine guilt or innocence, but to decide whether there is probable cause to prosecute Spencer et al. In the no-case submission, the judge ruled that there was no charge to answer by the defendant.

Sadly, we have spent the past six (6) years under the illusion that it was a trial.

Dudley C McLean

Mandeville, Manchester

dm15094@gmail.com

Kern was never on trial

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