MUIRHEAD... to lead probe

THE Public Services Commission, claiming concern for an "undesirable level" of negative media coverage of the Director of Public Prosecutions' (DPP's) office, as well as staff discord, yesterday ordered a probe of the office and named attorney and diplomat David Muirhead as head of the investigating panel.

Announcement of the probe comes a day after the Farquharson Institute of Public Affairs, chaired by senior attorney Frank Phipps, wrote to Prime Minister P J Patterson requesting legislative changes to make the DPP more accountable to Parliament and to initiate an inquiry into its operations.

"The investigation is being instituted as a result of the undesirable level of negative media coverage in recent months, as well as the atmosphere which presently exists among the staff at the office," the justice ministry said in a statement yesterday.

In May this year, tension ran high at the office in reaction to a decision by the DPP, Kent Pantry, to revert a junior attorney to the position of clerk of the Resident Magistrate's Court in Westmoreland, apparently over his (Pantry's) dissatisfaction with the attorney's handling of a case.

Pantry has also attracted a lot of flak for his ruling that three policemen involved in the shooting death of Patrick Genius could not be charged because of insufficient evidence.

Genius was killed on December 13, 1999, in what the police said was a shoot-out. However, the jury that heard evidence at a coroner's inquest into the matter concluded that the policemen were criminally responsible.

The DPP was also severely criticised for the state's handling of the fraud case against former Campion College principal, John Mackay, who was arrested in May 1999.

Mackay was eventually freed a few months ago after all the charges against him were dropped and Phipps used this case as a launching pad to press for an inquiry.

"It is our hope that the unfair treatment of the former principal of Campion College by those responsible for public prosecutions will not be ignored nor remain unrequited by your government," Phipps said in his letter to the prime minister.

Yesterday, the justice ministry said that the setting up of an inquiry into the operations of the DPP was set in train two weeks ago after the Services Commission wrote to Carol Palmer, permanent secretary in the ministry, raising the need for the probe.

On Wednesday, Attorney-General A J Nicholson, and Delroy Chuck, the Opposition spokesman on justice, told the Observer that the issue of the DPP's constitutional position was discussed at Tuesday's constitutional reform talks between the Government and the Opposition.

Yesterday's statement said that the Muirhead panel will be asked to examine:

* the level of compliance with the policies, procedures and management system in the office;

* operational systems including staff appointment, development and scheduling; and

* succession planning and the prospects for career development.

The Services Commission reiterated that neither the justice ministry nor the Muirhead panel could, under the law, attempt to direct or control the DPP. However, the commission said that the panel is expected to analyse and make recommendations with respect to the oversight responsibility of the Ministry for the administration of the DPP, given that the minister has portfolio responsibility for the office.

The commission also pointed out that while the DPP has prescribed powers that may be exercised independent of any direction or control by any person or authority, Section 96(5) of the Constitution allows for the governor-general to remove from office any person so appointed, on the recommendation of a specially appointed tribunal established to inquire into the issue of his conduct or his ability to discharge the functions of his office.

The commission underscored the need for public trust in the justice system and said any perception of a departure from that trust leads to a breakdown of civility in the society.

"So it is essential that we get an accurate and objective picture of the operations of the DPP offices, at this time," the commission said.

The Office of the DPP employs 53 persons, 21 of whom are administrative, secretarial, clerical and support staff.

The structure of the office and the remuneration for the staff are set under the Civil Service Establishment Act. Other terms and conditions of service of the staff are provided for under the Public Service Regulations, 1961 and the Staff Orders for the Public Service.

Tarrus Riley shoots video for Start Anew

Naomi Campbell to open retrospective photo show

A pleasant evening of music and much more