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Special prosecutor selection hits hurdle
published: Thursday | November 20, 2008

CHANGES ARE on the horizon for the appointment of public officials to sensitive posts.

Senator Dorothy Lightbourne, Jamaica's attorney general and minister of justice, on Tuesday divulged that a policy was now being drafted to deal with the issue.

Her comments came against the background of objections in some quarters to the proposed appointment of a special prosecutor by the governor general on the recommendation of the prime minister.

At Tuesday's meeting of a joint select committee of Parliament considering the Corruption Prevention (Special Prosecutor) Act, 2008, opposition members cautioned against the method of appointment set out in the bill.

protest

Senator A.J. Nicholson, leader of opposition business in the Senate, said he was registering the strongest protest against the proposed appointment of a special prosecutor by a "political figure".

Lightbourne, who chairs the committee, dismissed his argument, contending that the appointment could not be deemed political.

She said it was the governor general who would make the appointment after consultation with the prime minister.

Further, the attorney general mentioned the procedure to appoint the president of the Court of Appeal.

She said this method of appointment was similar to that proposed for the special prosecutor.

Lightbourne noted that the president of the Court of Appeal was appointed by the prime minister of the previous People's National Party administration.

But Nicholson said the appeal court president was not a prosecutor.

Public Service Commission

To strengthen his argument, Nicholson pointed out that the director of public prosecutions was appointed after being interviewed by the Public Service Commission (PSC).

"The Constitution outlines how the chief prosecutor is appointed. How then can we attempt to have a law giving prosecutorial powers to another individual appointed another way?" he questioned.

Senator K.D. Knight, calling for transparency in the appointment process, made some recommendations, which broke the deadlock between Nicholson and Lightbourne.

He suggested that the job of the special prosecutor should be advertised and interviews done by the PSC, and parliamentarians be given the opportunity to participate in the selection process

The special prosecutor will be mandated to investigate and prosecute corrupt conduct of public officials, parliamentarians and private citizens in Jamaica.


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