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DPP's second tenure extension unconstitutional, court rules

Justice Sonya Wint-Blair; Leader of Opposition Business Phillip Paulwell; Justice Minister Delroy Chuck; and Radio Jamaica's legal analyst Dionne Jackson Miller, speaking with Dadrian Gordon
 
The Constitutional Court has ruled that a second extension of Director of Public Prosecutions Paula Llewellyn's tenure is unconstitutional.
 
The ruling was handed down Friday morning by the Full Court in downtown Kingston.
 
The Constitution (Amendment of Sections 96(1) and 121(1)) Act, which facilitated the retirement age extension, was passed in Parliament last year.
 
The Constitutional Court ruled Friday that Section 2(1) of the Act that increased the retirement age of any DPP or Auditor General to 65 years old is constitutional.
 
But it said Section 2(2) of the Act is unconstitutional, null, void and of no legal effect.
 
The court said this new provision introduced in the Constitution granted anyone who was DPP at the time the amendment came into effect, the option of writing to the Governor General and could choose to remain in office after age 60. This, the court said, gave the incumbent DPP a level of authority not envisaged by the Constitution's framers.
 
Justice Sonya Wint-Blair, who read out the court's ruling, noted that "the only lawful method to extend the DPP's tenure remains by way of an agreement between the Prime Minister and the Opposition Leader". 
 
The lawsuit was filed by the opposition People's National Party.
 
The claimants, Member of Parliament Phillip Paulwell and Senator Peter Bunting, were seeking a declaration that Ms. Llewellyn should not have been allowed to remain in office beyond September last year, when a three-year extension granted to her in 2020 had ended.
 
They had asked the court to rule on the constitutionality of the amendments to Sections 96(1) and 121(1) of the Constitution.
 
The opposition argued that the government hurriedly pushed the Bill through Parliament and maintained that it was not consulted on the matter.  
 
The amendments facilitated the change in retirement age for the DPP and Auditor General from 60 to 65 years.
 
The Bill, which was piloted by Justice Minister Delroy Chuck, was introduced on July 25 last year, then debated and passed in the House of Representatives on the same day.
 
It was approved in the Senate three days later.
 
The amendment meant Ms. Llewellyn, who was 63 at the time, could continue in office for at least another two years. 
 
'Respect the Constitution'
 
Reacting to the ruling, Leader of Opposition Business Phillip Paulwell on Friday said the case is not an attack on DPP Llewellyn's tenure as head prosecutor.

Mr. Paulwell said the ruling represents the importance of respecting the Constitution and the arguments laid on the table by the parliamentary opposition.

"This matter could have been dealt with by a conversation with the Prime Minister and the Leader of the Opposition, which is what the Constitution requires. And if that were done and respect is given, then we wouldn't have this unfortunate situation where a public servant is being embarrassed. So I regret that aspect. We shouldn't have to be in Parliament one day summoned to pass a law without the requisite respect and consultation being done, and I think this is fundamentally a commentary on that," he asserted.

Mr. Paulwell said the opposition remains steadfast on protecting the sovereignty and integrity of the Constitution.

Justice Minister Delroy Chuck has said the government will appeal the Constitutional Court's decision.  

 


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