Manning changes his mind, Brown-Antoine to act as DPP

Prime Minister Patrick Manning has changed his mind about the recommendation from the Judicial and Legal Service Commission (JLSC) to appoint Carla Brown-Antoine to act as Director of Public Prosecutions. He lifted his veto Wednesday and said he would agree to let her act in the post “until such time as a permanent appointment is made”.

Manning declared that the country is not facing a constitutional crisis. "There never was any and we expect that the appointment will now be made with dispatch."

Manning made the statement in the House of Representatives following concerns raised by the legal fraternity and the Opposition regarding his veto of Brown-Antoine to act as DPP.

Brown-Antoine performed the DPP’s duties until last Friday when the JLSC received a letter from Manning vetoing her appointment. She subsequently reverted to her former position as deputy DPP.

Manning said there was “by administrative error” in making the appointment before he was consulted. He explained that if he had allowed the appointment he would “tacitly have been giving the person acting, first lien on the permanent appointment, which the Prime Minister did not want to do.”

He also said there is no obligation on the Prime Minister to give reasons for exercising the veto power. "If reason is given, it violates the spirit and in fact it raises questions of giving reasons in some instances and not giving in other which the framers of the Constitution recognised could be a source of tremendous confusion.”

Manning added, “What happened therefore is that the Prime Minister vetoed the appointment and now that it has come to his attention that an appointment has been made, what the Prime Minister will now do is agree to the acting appointment until such time as the permanent appointment is made.”

The opposition had planned to raise the issue in the House but Manning's statement pre-empted that move. Opposition Leader Basdeo Panday told reporters Manning backtracked because he might have realized that people would think he was abusing his own power "and he thinks he can ameliorate the situation by saying Ms Brown-Antoine can act.”

Panday wondered what's the real difference. "If she can act, why can’t she be the DPP, why can’t she hold the post? Why veto her in the substantive post?"

He agreed that the Constitution gives the Prime Minister power of veto and does not specifically state whether or not he should give a reason. However he said "he should have considered the ethics, ethos and culture of this country and to know when he vetoes a position like this, it is going to cast an aspersion upon the lady.”

Panday said people like Brown-Antoine are acting under threat. "If you play the fool, you’ll never be confirmed. All the top law positions are acting...we have Hollywood, Bollywood and Triniwood,” Panday added.