By Andre Bagoo Friday, September 11 2009

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Ready for them: Opposition Leader Basdeo Panday (left) and Siparia MP Kamla Persad-Bissessar in Parliament on Monday during the presentation of the 20...

PRIME MINISTER Patrick Manning is intent on controlling the judicial process, Opposition Leader Basdeo Panday charged yesterday, in the wake of news that Manning has once more vetoed the Judicial and Legal Service Commission’s choice for the post of Director of Public Prosecutions (DPP).

“This is a continuing demonstration of the Prime Minister attempting to control the judicial process of Trinidad and Tobago,” Panday said yesterday. “It may very well be that the Government has realised that it is neck deep in corruption and it needs a pliant DPP who will only prosecute when Mr Manning and the PNM wants. He wants to control the DPP.”

Panday called for constitutional reform to take away the Prime Minister’s power to veto the JLSC’s choice of DPP which is set out in Section 111 of the Constitution.

“I believe there is need for constitutional change. The Prime Minister should have no right to veto the appointment of the DPP. That should be the function of the JLSC and once they have made their choice that should be it.”

Panday warned the veto power represented an encroachment of the executive on the judiciary.

“The control of the judiciary by the executive is totally contrary to the separation of powers which are designed to protect the liberty of the individual against the encroachment of the executive,” Panday said.

Newsday yesterday reported Manning rejected Acting DPP Carla Brown-Antoine for the post of DPP before she was announced as a High Court judge in August. Manning has also reportedly vetoed the JLSC’s next choice, Deputy DPP Roger Gaspard.

JLSC sources yesterday said it is open for Gaspard to be appointed as the Acting DPP in lieu of the substantive post. Brown-Antoine’s last day in office is expected to be next Wednesday.

Former JLSC member Kenneth Lalla SC, yesterday noted that, in the case of Brown-Antoine, the Prime Minister had vetoed the appointment of a candidate who was found to be of the calibre of a judge.

“What this reflects is the dichotomy between the Prime Minister and the commission in the evaluation and assessment of an individual in terms of his or her competence to be appointed to such a post,” Lalla said.

“This is a cause for profound concern. It seems to reflect the encroaching political power in the appointment of persons to these offices such as the DPP, Solicitor General and Chief Parliamentary Counsel. The question is where will it stop?” the former head of the Public Service asked.

“Does the Prime Minister understand that he ought to advance reasons for rejecting persons or is it merely the exercise of despotic power?

We are now in an age when democracy seems to demand openness, transparency and fairness. The Constitution should be revamped if it is going to be subject to abuse like this,” Lalla said.