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Llewellyn ready to resume post as DPP following Court of Appeal ruling

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Paula Llewellyn is to return to her post as Director of Public Prosecutions following Friday's ruling by the Court of Appeal.
 
The Court ruled that Ms. Llewellyn should remain in the position of DPP following legal questions about her tenure as the country's chief prosecutor.
 
In April, the government filed an appeal challenging the ruling by the Constitutional Court which struck down aspects of the controversial constitutional amendments that facilitated an extension of Ms. Llewellyn's tenure as DPP. The intitial challenge to the constitutional amendment was brought by opposition lawmakers Phillip Paulwell and Peter Bunting.
 
The Constitutional Court had ruled that an amendment to the Constitution last July, raising the retirement age of the DPP from 60 to 65 years was valid, but struck down a provision that allowed Ms. Llewellyn to choose whether to continue as “unconstitutional, null and void, and of no legal effect”. 
 
The amendment was made about two months before Ms. Llewellyn's initial three-year extension was due to expire in September 2023. 
 
But the Court of Appeal, in its ruling on Friday, said there was nothing improper about the constitutional amendment, adding that the Full Court fell into error in when it struck down the provision that allowed Ms. Llewellyn to continue. 
 
Senior Deputy Director of Public Prosecutions Claudette Thompson has been acting as the country's top prosecutor since April 22 after Ms. Llewellyn stepped aside to await the ruling from the Constitutional Court followed by the Court of Appeal. 
 
Meanwhile, Ms. Llewellyn's attorney, Douglas Leys, said his client is awaiting the go-ahead from the Public Services Commission to resume duties as DPP. 
 
"Formally, you would have a document issued by the court, under the seal of the court, which is known as a Certificate of a Result of Appeal, signed by the registrar, which would formally communicate the court's decision to the parties and I imagine the public at large, if they're interested. And then what would happen now, that would be the trigger, the document on which the Public Services Commission could act and say that the appeal, having been allowed, then Ms. Paula Llewellyn can now resume active duty as Director of Public Prosecution. And that would lead to the revocation of the acting appointment of Ms. Claudette Thompson," he explained.
 
Following the court ruling, DPP Paula Llewellyn has given a clear indication that she intends to resume her duties as the country's chief prosecutor.
 
Speaking on Radio Jamaica's Hotline on Friday, Ms. Llewellyn said she will serve in the office until September 2025, when she turns 65. 
 
"There are certain transitional issues. I believe in operational efficiencies. We have built a wonderful and powerful office. We have mentored a lot of people, we have a multiplicity of functions, and I would be failing in my responsibility not to see through the transition in respect of certain areas of the operations of the office, the completion, to equip the office under new management when the new DPP takes over in September or October to provide the best possible leadership and to...continue the enhancement of service delivery to the public," she told Hotline host Emily Shields.   
 
Silencing concerns about potential perceptions of political bias and partiality, the tenured prosecutor argued that she has always maintained a high level of professionalism and integrity. 
 
"It has been 40 years since I graduated...from the law school. Mr. Phillip Paulwell is one of the senior attorneys...that I knew from I was a very young practitioner. The last time I saw Mr. Paulwell, he greeted me as he always greets me when he sees me, with a hug. In respect of Mr. Bunting, similarly, we have greeted each other with a hug. I am a professional and as far as I'm concerned, the law is the law," Ms. Llewellyn insisted. 
 
Pointing to her integrity, she highlighted that she is "the only DPP who has gone out of her way to make sure that any decision that I have made is transparent".
 
Information Minister Dana Morris Dixon has said Friday's ruling affirms that the government acted within the confines of the law, despite attempts to prove otherwise. 
 
"We were always confident that our actions were not only lawful but good policy and in line with what obtains in several modern jurisdictions. It is unfortunate that this was politicised, to a large extent. We're pleased though with the work of the legal team and again, we welcome today's ruling." 
 
In the meantime, the opposition People's National Party said it will decide on any next steps after it has reviewed the written reasons for the court of appeal's decision.
 
The opposition added that while it respects the decision of the court, it retains its position that the manner in which the government enacted legislation to change the Constitution to allow the DPP to remain in office until age 65 amounted to a pernicious abuse of power, inimical to good governance in a constitutional democracy.
 


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