This policy move has been challenged by former Attorney General A.J. Nicholson, who is agitating for a separation of powers between the legislature and the executive. He has suggested that the special prosecutor should be an arm of the office of the DPP with the task of prosecuting corruption.

Discussion on the issue took place yesterday during a meeting of the joint select committee of parliament reviewing the Corruption Prevention (Special Prosecutor) Act.

Nothing unconstitutional

Solicitor General Douglas Leys, the Government's chief legal counsel, argued that there was nothing unconstitutional about the administration's model of establishing the office of a special prosecutor as a commission of Parliament. Leys pointed out that the DPP had overriding powers in prosecutorial matters and could at any time assert control over any case being prosecuted by the proposed special prosecutor.

Responding, Nicholson said the solicitor general's position meant that there was the possibility of an agreement.

He insisted that a prosecutor or an investigator could not fall under any other branch of government except the executive.

"If you have a prosecutor who is answerable to the legislature and appointed in a way other than that which is laid down in the Constitution, we are irredeemably at variance," Nicholson insisted.

Committee chairperson and Attorney General Dorothy Light-bourne said the committee would deliberate further on the issue at the next meeting of the committee in June.

A special prosecutor model as a commission of Parliament to investigate corruption was trumpeted by the Jamaica Labour Party in its election manifesto.