Jamaica is set to welcome a new director of public prosecutions (DPP) after 16 years, as an interim director is scheduled to be appointed today. This change comes as Paula Llewelyn, who served as DPP since March 2008 and received extensions to her tenure, has chosen to step aside.
Llewelyn’s decision follows a recent ruling by the Constitutional Court, which declared unconstitutional a second extension granted to her by the Andrew Holness-led Administration. The ruling upheld a constitutional amendment that raised the retirement age for the DPP from 60 to 65 but invalidated the provision allowing Llewellyn to continue in office.
At 63 years old, Llewelyn had already been granted one extension when she turned 60. The Public Service Commission (PSC) is expected to appoint an interim DPP today, its first task after being reconvened on Sunday following the expiration of its tenure on March 31.
The decision for Llewellyn to step aside is due to the ambiguity arising from the court’s ruling, as stated in a news release from the Attorney General’s chambers. The release also confirmed the intention to appeal the Full Court’s decision in accordance with the Constitution.
“Due to the ambiguity and the consequent uncertainty arising from the Full Court’s judgment in Paulwell and Bunting v the Attorney General SU 223 CV 02499, the Director of Public Prosecutions has advised that she is unable to carry out the functions of her office at this time,” the release stated.
The Attorney General’s chambers also reiterated that in accordance with section 96 (3) of the Constitution, the office would be appealing the Full Court’s decision.
The AG had insisted on Friday that the court ruling had no impact on Llewellyn’s status as DPP, signaling that she would have remained in office while the appeal took place. Now the chambers said the PSC will be invited to appoint a qualified person to act in the role of DPP.
It emphasized: “After careful consideration of the judgment and in the public interest, the Attorney General will be appealing the Full Court’s decision immediately, to have the issues resolved and determined by the Court of Appeal.”
Opposition wants additional resignations
On Sunday, Opposition Leader Mark Golding called for the resignations of both the attorney general and Justice Minister Delroy Chuck, over the DPP issue.
Specifically, Golding charged that statements issued by both men on Friday that Llewellyn’s status was not affected by the court ruling brought Jamaica to the edge of a constitutional crisis.
“Their actions have fatally undermined their credibility as holders of those important offices,” Golding said in a statement.
He added: “The continuation of Llewellyn in her post beyond her lawful term is not only unconstitutional but also a grave misstep in governance.
“If the Government adamantly insists on the former DPP continuing to purport to hold that office, her actions would not be validated by law, which would plunge the country into a deeper crisis,” he said.
Read more: Jamaica’s DPP to vacate office after court rules her extended tenure was unconstitutional
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