Gov't urged to appoint new permanent DPP

By Kimone Witter   

 

As the debate rages over whether Paula Llewellyn can return to the post of Director of Public Prosecutions, more legal experts are urging the government to find a permanent Director to replace her.

 

Senior Deputy Director of Public Prosecutions Claudette Thompson was on Monday appointed acting DPP while the government pursues its appeal against last Friday's ruling by the Constitutional Court.

 

Ms. Llewellyn had informed the Attorney General that due to the ambiguity and the consequent uncertainty arising from the Constitutional Court's judgment, she was unable to continue carrying out the functions of her office at this time.

 

The Full Court struck down sections of the Constitutional amendments to extend her tenure as DPP, and this has sparked a firestorm over her status as the island's chief prosecutor.

 

Senior attorney-at-law Hugh Wildman, who had filed a legal challenge to a previous tenure extension granted to Ms. Llewellyn, is recommending that the government find a replacement instead of filing an appeal. 

 

"In so far as the ruling is concerned, until it is overturned by a higher court, by a way of appeal, she is no longer the DPP, and so the post would have become vacant. And in fact, based on the Constitution, it is not permissible to have somebody acting for too long in that post because the acting provision was never designed to be used to circumvent the permanent appointment. So the point is that they should be looking at having the post filled by advertising the post," he suggested. 

 

The Attorney General's office has made it clear that it will be filing an appeal before the Appeal Court, challenging aspects of the ruling.

 

There was no word Monday whether the appeal has been filed.