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Senate passes bill to extend tenure of DPP despite opposition

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Opposition Senator Peter Bunting and Government Senator Matthew Samuda
By Clinton McGregor/Lorraine Mendez
 
The Senate has passed a bill to amend the retirement age for the Director of Public Prosecutions and the Auditor General, despite rejection from opposition senators. 
 
There was more controversy regarding the issue on Friday, particularly with regards to the extension of the DPP's tenure, after a letter surfaced hinting that some members of the Office of the Director of Public Prosecutions were against the proposed extension.
 
The issue was raised when opposition Senators joined their colleagues in the Lower House in refusing to support legislation to amend the Constitution and extend the retirement age of the DPP.
 
Leader of Opposition Business in the Senate Peter Bunting accused the government side of violating the Constitution.
 
He questioned the motive of the government to cause controversy in its haste to extend the tenure of DPP Paula Llewellyn.
 
Senator Bunting then cited a damning letter written to Prime Minister Andrew Holness and Justice Minister Delroy Chuck by Senior Deputy DPP Kathy Ann Pyke, calling for a postponement of the constitutional amendment and an investigation into the viability of the DPP's Office.
 
He noted with interest the pointed conclusion of the letter, which stated that: "If [the investigation] is done, I am certain that you will find that there are serious issues to be addressed, which may warrant a conclusion that the proposed amendment should not be affected at this time in respect of the office of the director of public prosecutions, if at all."
 
Mr. Bunting chastised the government over its handling of the issue and warned that the Office of the Director of Public Prosecutions has been irreparably damaged by the government's action to facilitate a single individual. 
 
But Leader of Government Business in the Senate Matthew Samuda argued that the objection by the Parliamentary Opposition was unnecessary. 
 
He insisted that the amendments to the Constitution are in keeping with the decision to raise the retirement age for judges, as well as to level the playing field for the DPP and Auditor General to match the retirement age of civil servants under the Pensions Act. 
 
"Mr. President, the framers of the Constitution anticipated that the age of retirement can change. It is the reason that it is not deeply entrenched. It is a simple amendment that should be supported by all, despite the Bruhaha," he asserted. 
 
He also defended the tenure of DPP Paula Llewellyn, saying she has fiercely prosecuted cases of corruption on both sides of the aisle.
 
Like it did in the Lower House, the government used its majority to pass the Constitution (Amendment of Sections 96 (1) and 121 (1)) Act, 2023 in the Senate, despite the strong objection from opposition senators.
 
With the amendment passed, Senator Bunting suggested that Director of Public Prosecutions Paula Llewellyn follow the example of Lieutenant General Rocky Meade and decline to extend her tenure in the office.
 
Mr. Bunting cited Lt General Meade's decision to decline the post of Cabinet Secretary, after much public debate surrounding the constitutionality of his appointment. 
 
"If anyone has personal and professional pride and has a genuine care and love for the office, why would you allow yourself to be drawn through this? Why cling desperately to an office in these circumstances? Why would you do that? Why would you do that to yourself? Why would you do that to your office? Why would you do that to the country?" he suggested.    
 
The matter of Ms Llewellyn's tenure has been up for debate since Tuesday when the government hurriedly passed legislation in the House of Representatives to extend the age of retirement for the Office of the DPP, allowing her to continue beyond this September.
 


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