Patterson, left, and Pantry
Omar Anderson, Gleaner Writer
WHILE GOVERNMENT officials remained tight-lipped yesterday, a number of commentators have endorsed Prime Minister P.J. Patterson's letter on Friday to the Director of Public Prosecutions (DPP) ordering periodic reports to Parliament.
Mr. Patterson in his letter, however, noted that while Section 94 of the Constitution confers special powers on the DPP, who in this case is Kent Pantry, both Government and Opposition parliamentarians believed information relating to activities within his office should be presented to Parliament at timely intervals.
Jamaica Labour Party (JLP) Senator, Bruce Golding, who has long been a proponent of constitutional reform, including changes to powers the DPP enjoys, told The Sunday Gleaner yesterday that while the Prime Minister's letter was timely, more needs to be done.
"I support the initiative of the Prime Minister, and I appreciate the careful wording of his letter, not wanting to trespass on the DPP's constitutional powers, but I believe it should not be left to the DPP as to whether he reports to Parliament," he said.
Mr. Golding proposed a constitutional amendment making such reporting mandatory.
"But this would have to be carefully crafted so that while he (DPP) would be required to report to Parliament, he would not be subject to the direction and control of Parliament," he said.
He cited the Office of the Auditor-General who, like the DPP, is protected by the Constitution, but is, however, required by law to report periodically to Parliament.
"In other words, Parliament can't tell him (DPP) what to do, but he can tell Parliament what he is doing," the Senator said.
Yvonne McCalla-Sobers, convenor of Families Against State Terrorism (FAST), also approved Mr. Patterson's latest move.
"I think it's very useful for the DPP to report somewhere to someone," she said yesterday, noting, however, that the independence of the DPP's office should not be interfered with.
Contacted yesterday, Justice Minister A.J. Nicholson said he was not commenting on the issue. George Soutar, president of the Advocates Association of Jamaica, said he was not prepared to comment until Tuesday when the association's executive meets to discuss the issue. The Sunday Gleaner was unable to get responses yesterday from Mr. Pantry and Bar Association President Hilary Phillips.
COMMENDATION
But words of commendation for the Prime Minister also came from Delroy Chuck, the JLP's spokesman on Justice.
"In every democratic society, it is very important that every public official should be accountable either to Parliament or a committee of Parliament or to some other body," he stated.
Mr. Chuck further argued that previous DPPs have discharged their duties with efficiency and competence, negating any question about past rulings they have made. The JLP spokesman added that Mr. Pantry has had at least one court action questioning his ruling, as well as the mounting concerns by human rights groups about delays in his rulings or the lack of any.
"In these circumstances, the fact that he (Mr. Pantry) has had problems within his office, suggests that the Prime Minister has finally decided he should report on a regular basis," Mr. Chuck said.
In his letter on Friday, Mr. Patterson told Mr. Pantry that although the judiciary was not bound to report to Parliament, it has begun in recent times to provide timely reports to Parliament. In light of this, the Prime Minister said, "I enjoin you to adhere to the view expressed by Parliament, whose members, like the Director of Public Prosecutions and all other public officials, are servants of the people."
The Office of the DPP has been hit with controversy, particularly over the last three years. However, it was the latest 'foul-up' where human rights groups, including Amnesty International, blasted the DPP over the handling of the Janice Allen case which has brought unto Mr. Pantry a barrage of criticism.
Just over a week ago, Mr. Pantry admitted there was a foul-up in the case, stating that a prosecutor, Herbie McKenzie, had failed to follow standard procedures. But Mr. McKenzie, in a letter to Mr. Nicholson on Thursday, stated while the case against the policeman, Constable Rohan Allen, was very weak, he kept Mr. Pantry updated on his course of action at each stage of the case.
