Lawyers counter gov't arguments in DPP retirement age appeal

By Dionne Jackson Miller 

 

Lawyers representing opposition politicians Phillip Paulwell and Peter Bunting on Wednesday started to address the Court of Appeal as the hearing into the Act amending the Director of Public Prosecution's retirement age continues.  

 

King's Counsel Douglas Leys, who represents the government, withdrew one of the arguments he was making on Tuesday. He had argued that the provision of the Constitutional Amendment Act which allows the DPP in office when the Act comes into effect the opportunity to choose to remain in office after age 60, could be used by subsequent DPP's to retire. But on Wednesday he admitted that having looked at the Act again, he realises it could only apply to Paula Llewellyn.

 

King's Counsel Michael Hylton, leading the team representing respondents Peter Bunting and Phillip Paulwell, began countering some of the government's arguments.

 

King's Counsel Alan Wood, leading the government team, had argued that because the Act was passed in accordance with the procedure laid down in the Constitution, it was valid.

 

But Mr. Hylton said that had been shown not to be true. He gave as an example of the case in which the government of Jamaica tried to replace the Judicial Committee of the Privy Council with the Caribbean Court of Justice as Jamaica's final appellate court. The government had followed the procedure laid down in the Constitution but the Privy Council said that was not enough.