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The Court of Appeal has ruled that Paula Llewellyn should retain the position of Director of Public Prosecutions.
The court handed down the ruling on Friday morning.
In April, the government had filed its appeal challenging the ruling by the Constitutional Court which struck down aspects of the controversial constitutional amendments, extending the tenure of Ms. Llewellyn as DPP.
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 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 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 away to await the ruling from the Constitutional Court followed by the Court of Appeal.
In a swift response, Justice Minister Delroy Chuck said the government is delighted with the decision of the Court of Appeal to overturn the ruling of the Constitutional Court.
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