Any Privy Council challenge of DPP Llewellyn's tenure unlikely to be successful - attorney

By Kimone Witter    

 

Attorney Neco Pagan says there is no concern of a successful challenge if the Parliamentary Opposition decides to take their arguments concerning the constitutional changes in the retirement ages for the Director of Public Prosecutions and Auditor General to the Privy Council.

 

Mr. Pagan was one of the attorney's who represented the government in its Court of Appeal challenge against the Constitutional Court's ruling in April.

 

The court ruled in favour of the government on Friday, stating that the lower court was wrong to rule that one of the constitutional changes rushed through Parliament last year regarding retirement ages did not apply to Paula Llewellyn.

 

The opposition has said it is awaiting the written judgment of the Court before deciding its next step.

 

Speaking Monday on the Morning Agenda on Power 106, Mr. Pagan said all matters of concern have been addressed by both courts. 

 

"In the court below, the government substantively won on all major points. There was no breach of separation of powers. There was no improper purpose for the passing of legislation. The only issue that the Supreme Court did not find favour with was whether or not the legislation applied to the incumbent DPP and that position has since been clarified by the Court of Appeal," he outlined. 

 

Mr. Pagan said it is unfortunate that Ms. Llewellyn was caught up in the middle of politics. 

 

"At the centre of it is a public servant who dedicated all her working life to the government and to the people of Jamaica. And by government, I mean successively, in the sense of prosecuting without fear or favour, and serve diligently. And to get her long service wrapped up in politics is rather unfortunate," he contended. 

 

The attorney sais Paula Llewellyn's resumption of duties as Director of Public Prosecutions is an administrative process that will be handled internally.

 

"This system allows for a person to act while the incumbent is either on leave or incapable of acting, and so it's really a matter of internal processes to follow to have whatever instruments revoked, perhaps, and the DPP returned," he explained.