The government must be disappointed. It seemed so sure it had found the right man to appoint at the head of the Independent Commission against Corruption (Icac) but the latter has declined the offer. Deputy prime minister, Rashid Beebeejaun, had announced in Parliament on Friday that the judge had accepted the post. It would seem the government has ?counted its chickens before they were hatched?.

Judge Domah had said he was not sure whether he would accept the post or not right from the start. Even when the communiqué of the cabinet meeting was published stating that he had been ?appointed? at the head of the institution, he immediately rectified ? saying that he had not been appointed but that the post had been offered to him. He said that the government had told him the country needed him but the problem is that he felt the judiciary needed him as well.

<I>After the Beekarry episode, the government wanted to make sure of making the right choice. But every attempt has proved unsucessful. </I>

The main problem with accepting the post at the head of the anti-corruption institution is that he would have had to give up his career in the judiciary. He would have had to leave his post without any possibility of going back at the end of his contract. This is why he took some time for reflection. And he finally decided it would be better to devote himself to the important reforms that are due to take place in the judiciary.

He had asked the Judicial and Legal Service Commission if he could benefit from a ?leave without pay? from the judiciary until the end of his contract with Icac but his request was turned down. Had the commission accepted, his decision might have been different but he was not ready to give up his career in the judiciary for a few years at the Icac ? even though the contract terms may have been very interesting. ?I am extremely disappointed not to be able to help the Icac get back on the rails but life goes on,? he said after officially refusing the post.

The government has had difficulty finding the right person for the post. After the Beekarry episode, it wanted to be sure of making the right choice. But every attempt has proved unsuccessful so far. Before judge Domah, the government offered the job to Senior Puisne Judge Bernard Sik Yuen. But he refused for practically the same reasons as Domah. He also wanted to return to the judiciary afterwards but he knew that the procedures to make this possible would have taken too much time. Moreover, Bernard Sik Yuen should replace Ariranga Pillay as chief justice when the latter retires in one and a half years. The president of the Commission of Human Rights, Dhiraj Seetulsing, was also approached for the post but he refused as well.

<I>Bushan Domah appeared as the right man for the job since he had already given a ruling that emphasized the difficulties and flaws of the institution and its commissioners. </I>

Bushan Domah appeared as the right man for the job since he had already given a ruling that emphasised the difficulties and flaws of the institution and its commissioners. With his refusal, the government might have no other choice than to look for a foreigner. When the Prevention of Corruption Act was amended in September and the commissioners were asked to leave, the prime minister had decided not to state any specific criteria in the new law to facilitate recruitment. But the opposition leader insisted that specific criteria be explicitly written in the law.

As a result, Navin Ramgoolam accepted and included four specific criteria without which no appointment can be made. The new head has to have been a judge of the Supreme Court or a magistrate for ten years, or a member of the bar for ten years or someone who has already been at the head of an anti-corruption body abroad.

The government will have to bear these criteria in mind when it goes on its search again. It might be a lengthy process but it would be wiser to take the necessary time rather than appoint someone in a rush and find itself in the same situation as before the amendment of the Poca. The law was amended to make sure that the institution would finally be given the means to do its job properly ? that is track and fight corruption effectively.