OPPOSITION SENATOR A.J. Nicholson believes the Government's plans to establish a special prosecutor as a commission of Parliament could result in a clash between the Legislature and the Director of Public Prosecutions (DPP).

The Bruce Golding-led administration had listed, as priority, the establishment of a special prosecutor for investigating corruption in its election manifesto.

But Nicholson has warned that if the Special Prosecutor and the DPP disagreed on the prosecution of a matter, it could result in "an unholy quarrel between the legislature and the DPP.

He was speaking during Wednesday's meeting of a joint select committee to examine legislation setting up the prosecutorial body.

Political domain

"You're setting up the DPP, because when all is said and done it is going to reach into the political domain, which you don't want to expose the DPP to, that is an executive function," he said.

Solicitor General Douglas Leys said Nicholson's concerns were valid, noting that the two prosecutorial bodies could be at variance on a case to be prosecuted. However, he made it clear that ultimate power lies in the office of the DPP, which had the final authority on whether the Special Prosecutor should pursue a case.

"Final authority vests with the DPP, that's the effect of our constitutional arrangement," he stressed.

Leys suggested that the DPP and the proposed special prosecutor could craft a memorandum of understanding or a code of conduct, setting out how they would carry out their functions.

But the former attorney general contended that the policy position being proposed by the Government would be at odds with the constitutional framework.

Increased resources

He recommended that the Special Prosecutor work out of the office of the DPP with increased resources being pumped into the office.

In her comments, Attorney General Dorothy Lightbourne said the Special Prosecutor would be dedicated to prosecuting corruption. She argued that the DPP was busy prosecuting criminal offences, with a backlog of 400 cases.

Attorney-at-law, Clyde Williams who made a submission to the committee, supported Nicholson's argument that the Special Prosecutor and his staff should be housed in the office of the DPP.

Undue influence

He questioned whether the minister with oversight responsibility for the Special Prosecutor would exercise undue influence over the prosecutor, in a case where he or she was being investigated.

"When it is housed in the constitutional office (DPP) that is only subject to the court's authority, it makes for a cleaner process in the investigation and the prosecution of ministers and parliamentarians," Williams said.