Gov't to appeal after court rules DPP's second tenure extension unlawful

 

There is uncertainty about the future of Paula Llewellyn as the country's chief prosecutor following a ruling by the Constitutional Court on Friday.

 

The government suffered a major blow when the court ruled that an amendment to the Constitution passed by the Parliament in July last year, granting a second extension of Ms. Llewellyn's tenure as Director of Public Prosecutions, was illegal and unconstitutional.

 

The government had insisted that the amendments, which facilitated an increase in the retirement age of the DPP from 60 to 65, were not in breach of the Constitution.

 

Justice Minister Delroy Chuck on Friday declared that the government will be appealing the ruling.

 

"The government...takes note that the application of the Director of Public Prosecutions to extend her tenure, provided under the act, to age 65, has been ruled unlawful. The government of Jamaica does not agree with this part of the ruling of the Constitutional Court and will instruct its attorneys to ask for a stay of execution and immediately appeal the ruling," he announced. 

 

In an interview with Beyond the Headlines host Dionne Jackson Miller, Mr. Chuck argued that the government has a solid case to present to the Appeal Court based on the findings by the Constitutional Court.

 

"So, Section 1, having been ruled constitutional, then the DPP can continue to age 65 because she's the DPP. So, my view is that the court and ruling that subsection 2 is unlawful, with due respect is neither here nor there. It did not empower the DPP to go to age 65. It only allows the DPP to get the full pension benefit in the event that she retires before age 65," the Justice Minister contended. 

 

There is no word yet whether Ms. Llewellyn will continue as the island's chief prosecutor, despite the government's notice to appeal.

 

There have been calls for her to step aside following Friday's ruling. 

 

 

Opposition Leader Mark Golding on Friday insisted that Ms. Llewelyn should demit office in light of the court's decision. 

 

"It's highly undesirable that somebody should hold office as DPP in this country knowing that his or her tenure is a matter of grave concern to the opposition of the country. It is not a good thing for the office of the DPP to be in any way politically contentious. And I think that in light of today's ruling, Ms. Llewellyn ought to stand down and should not seek to make an effort to continue to hold that office," the Opposition Leader said at a press conference at the People's National Party's headquarters on Old Hope Road. 

 

Mr. Golding urged the government to act swiftly in selecting a new DPP, while adhering to appointment guidelines. 

 

"The Services Commission should recommend to the Governor General quickly to appoint somebody to act as the DPP. And that's quite normal, it happens frequently when an incumbent DPP has to go and leave or whatever - that should be applied and done quickly," he suggested. 

 

 

Mr. Golding said the government has been headstrong in its approach to governance, but Friday's ruling indicates that the judiciary can be used effectively to hold the executive to account.

 

He added that the opposition will continue to seek judicial review on all other decisions that it believes contravene the Constitution and its role as a buffer against government overreach.

 

Among those issues, he said, is the matter of the tabling of Auditor General's reports.  

 

"We are calling once again for the opinion of the Attorney General's chambers, which we've been asking for for months and months, to be released to all parliamentarians so we can see what the Attorney General's chambers said about the procedure for tabling reports," he said, indicating that the opposition was considering taking the matter to court for a ruling.