PM Manning uses veto to block appointment of DPP

Deputy Director of Public Prosecutions, Carla Brown-Antoine

Prime Minister Patrick Manning has vetoed the appointment of Deputy Director of Public Prosecutions, Carla Brown-Antoine, as the country's next Director of Public Prosecutions (DPP). The move is creating concerns about the independence of the judicial system.,

The post has been vacant since January 5 when Geoffrey Henderson, was appointed a High Court judge. Brown-Antoine has been acting DPP since then.

The constitution provides for the DPP's appointment by the independent Judicial and Legal Services Commission, headed by the Chief Justice and comprises former judges and respected personalities.

The present JLSC comprises Chief Justice Ivor Archie, retired justice Jean Permanand and attorney-at-law Selby Wooding, QC.

The Trinidad Express reported Sunday that its sources confirmed that when the JLSC gave the all-clear to appoint Henderson as a judge in December 2008, they also shortlisted four names to replace him as DPP.

They were Brown-Antoine and fellow Deputy DPP Roger Gaspard, who works in the South Division; Norton Jack, and Ian Roach. Brown-Antoine and Gaspard were the two most Senior State attorneys.

The sources told the paper the JLSC considered Brown-Antoine the most experienced for the job. She represented the State in the 2006 historic case against former chief justice Satnarine Sharma. The charges against Sharma were subsequently dropped when Chief Magistrate Sherman McNicolls refused to testify against him.

Brown-Antoine went on record to severely criticise McNicolls who had opted to testify against Sharma at an impeachment tribunal instead, which, also vindicated Sharma of wrongdoing.

The Sharma case was a highly politicised fight between Sharma, Prime Minister Patrick Manning and former attorney general John Jeremie, which left Manning and Jermie embarrassed.

The Express said highly placed legal sources are concerned that this development would have negative implications for the independence of both the JLSC and Office of the DPP.

It is not the first instance where Manning has blocked an important appointment through his veto powers. Last year he refused to accept the Police Service Commission's recommendation for of ASP Stephen Williams as Police Commissioner, preferring instead the current incumbent who is performing the job in an acting capacity although he has reached the age of retirement.

Manning also recently vetoed the JLSC's choice for a Solicitor General.

The 2007 annual report of the JLSC laid in the House of Representatives on January 9, expressed frustration over that. It stated, "The Commission has been unable to make an appointment to the post of Solicitor General, which has been vacant since February 20, 2006, as it is unable to secure the Prime Minister's agreement."

The Solicitor General heads the department advises the State on all aspects of civil law by representing the State in constitutional matters and other civil proceedings, such as lawsuits against the State and by assisting in the formulation and execution of government policy.

Senior judicial and legal officials worry that PM Manning's consistent vetoing of their recommendations will give the appearance of his lack of confidence in the JLSC adding that it is troubling that the Prime Minister is using his direct influence to block appointments to critical posts.

The say the implication goes beyond the appearance of political interference by the head of government but would also taint the persons who eventually get appointed to these posts.