Special Prosecutor to be muzzled

Inside Parliament

With Alicia Dunkley

Sunday, March 20, 2011

IF the prime minister has his way, tabs could be put on the individual appointed to the brand-new chair of Special Prosecutor, preventing him/her from notifying the public of investigations to be carried out by his office.

The proposal, made by Prime Minister Bruce Golding at last Tuesday's Parliamentary debate on the Corruption Prevention (Special Prosecutor) Act — which establishes that office — centred on concerns expressed about the practice used by outgoing Contractor General Greg Christie of engaging in "premature and what some people consider to be unnecessary public disclosure about the intention to launch an investigation".

Golding told the House that this posed two significant dangers.

"One, it could well impede or frustrate the investigations because a public statement or a release is sent out saying 'I am going to investigate John Brown'.

"The second danger it poses is the unintended damage it can do to people's reputation because this is a funny thing when it comes to questions of corruption. If you even investigate, you don't have to go to court, you don't have to be charged, but for years and years everytime people see you (they recall)," Golding explained.

"We think the Special Prosecutor should not go that route and we are proposing an amendment which will require the Special Prosecutor to maintain confidentiality of the investigation and non-disclosure except for instituting criminal proceedings or where the Special Prosecutor considers it necessary," he told Parliament while admitting that this "might be a little contentious".

However, he was quick to point out that there would be some allowances as the intention was not to "lock the door completely either".

"Let us say that the Special Prosecutor is conducting an investigation. Let us say he is keeping it confidential but somebody who is aware goes and makes it known publicly and speculation starts to fly all over the place, you don't want the Special Prosecutor to be put in a situation where he would wish to make a short statement just to indicate (his position) but he is precluded from doing that because the law says he can't open his mouth until he charges the (suspected offender)," the Prime Minister further noted.

The Special Prosecutor will monitor statutory declarations from public officials and prosecute those who engage in corrupt conduct. The Corruption Prevention (Special Prosecutor) Act will repeal the 2001 Corruption (Prevention) Act and the 1973 Parliament (Integrity of Members) Act.

Meanwhile, Golding said in cases where the Special Prosecutor carries out an investigation and finds that the subject of the probe was not involved in anything criminal he must issue a certificate to the person to say he conducted the investigation but found nothing incriminating. This, he said, is to prevent the smearing of an individual's reputation which could make it difficult for them to progress professionally or otherwise.

And Tuesday, in responding to suggestions from Opposition Leader Portia Simpson Miller and Opposition Member of Parliament for Central Manchester Peter Bunting, Golding also said the government was not ruling out the need for a Special Corruption Court.

"It is something that we would certainly not rule out although we have to be careful -- we have enough problems servicing the courts we have — if we enact this Bill it may very well be that an aggressive Special Prosecutor will generate so many prosecutions that you may need to have a Special Corruption Court. That is why it is something we wouldn't rule out but we don't think that is a decision that could be made at this time," he added.

In ending his presentation Tuesday Golding said he hoped that when the Bill returns to the Senate "there will be no undue delay" in its passage. He cautioned that the House is due to be prorogued soon (before April 1) and it was intended that the legislation be passed before the new parliamentary year starts.

"There is a particular urgency," the Prime Minister told Parliament.

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COMMENTS (7)

george watson
3/20/2011

Jay Brown, I wonder if there is any special law which prevents politicians from being arrested and charged like ordinary citizens? Maybe it has to go through the DPP. I think it is just that the police are afraid and like to hide behind the guise of political interference.
I do agree though that we need a set of LAW enforcement officers who can only be removed for cause and who will carry out their duties regardless of political bias or preference.
Get rid of the banana repubublic image.

Jay Brown
3/20/2011

We do NOT need a special prosecutor at this stage, what we need a change in the constitution, one that clearly sets out the rules of engagement and allows corrupt politicians top be arrested and charged and prosecuted like any ordinary citizen.
In addition to the that change we need a well trained set of law enforcement officials whose roles are similar to that of the FBI in the USA and its elite unit that will carry out investigation and then provide that info which would lead to prosecution.

A Sil
3/20/2011

Why only Mr. Golding's associates? Shouldn't this be the case for every citizen? This is just another aspect of the Dudus syndrome.

One Jamaican
3/20/2011

So why not institute the same amendment to the Contractor General Act, instead of creating another law to clean up another one, while not really fixing it also.

george watson
3/20/2011

Hundreds of everyday people are arrested each year and are subsequently found innocent after their names are splashed across newspapers.
And why can’t we have a special court? What will be the sense in putting “more on plenty” on a crowded courtroom calendar? Whatever hindrance brought to the process might come back to haunt the JLP when the people remove them from office. We should not allow the PM to rush it through Parliament before the Bill is thoroughly ventilated. He always does this. Why the special urgency now when we have been going for years without it?

george watson
3/20/2011

The PM should know about announcements which could impede or frustrate investigations.
And the JLP are past masters at ruining peoples’ careers and reputations, so why this concern now?
We should insist that the PM is not the one appointing the SP and his/her background be thoroughly investigated for political allegiance or bias.
Nothing wrong with naming people being investigated. Is it that only mostly certain types are usually charged with corruption?

Paul Gentles
3/20/2011

The present govt.which seems embedded in corruption with the abuse of our constitution together have contrived to force the CG to resort to public opinion,as all and sundry can see - what have the DPP done?
The pm should then be addressing a change of the constitution to rid it of political interference.After dor's debacle surely the position of AG should not be a political one!

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Special Prosecutor to be muzzled