Jamaica's DPP to vacate office after court rules her extended tenure was unconstitutional
Key Points(5)
- Jamaica's Director of Public Prosecutions Paula Llewellyn will vacate office immediately after a court in Jamaica ruled that the second extension of the DPP's tenure in office was unconstitutional.
- The ruling, announced Friday morning at the Supreme Court in downtown Kingston, comes after the government made an amendment to the constitution last year, which raised the retirement age for the DPP from 60 to 65.
- The extension, which followed a previous three-year extension in 2020 when Llewellyn turned 60, was challenged in a lawsuit by the Opposition People’s National Party (PNP).
- The claimants, Member of Parliament Phillip Paulwell and Senator Peter Bunting, sought a declaration that Llewellyn should not have remained in office beyond September 2023 when the 2020 extension ended.
- In the ruling, the court found that the government acted unlawfully in granting the DPP the second extension of her tenure, but ruled that the increase in the retirement age is valid.
Jamaica's Director of Public Prosecutions Paula Llewellyn will vacate office immediately after a court in Jamaica ruled that the second extension of the DPP's tenure in office was unconstitutional.
The ruling, announced Friday morning at the Supreme Court in downtown Kingston, comes after the government made an amendment to the constitution last year, which raised the retirement age for the DPP from 60 to 65.
The extension, which followed a previous three-year extension in 2020 when Llewellyn turned 60, was challenged in a lawsuit by the Opposition People’s National Party (PNP).
The claimants, Member of Parliament Phillip Paulwell and Senator Peter Bunting, sought a declaration that Llewellyn should not have remained in office beyond September 2023 when the 2020 extension ended.
In the ruling, the court found that the government acted unlawfully in granting the DPP the second extension of her tenure, but ruled that the increase in the retirement age is valid.
As a result of the ruling, the DPP will have to vacate her office today, according to the opposition's lawyer King’s Counsel Michael Hylton.
Hylton expressed satisfaction with the ruling, emphasizing that the case was about upholding the rule of law and ensuring equal application of laws for all individuals, rather than targeting Llewellyn personally.
“The case is not about Ms Llewellyn, it’s not about how she did her duties, it’s not even really about the extension. The case is about the rule of law, about establishing a principle that the same laws apply to everybody, and that the constitution needs to be respected,” Hylton told journalists.
In response, Paulwell said if the Government had respected the Opposition, “we wouldn’t have this unfortunate situation where a public servant is being embarrassed.”
“This matter could have been dealt with by a conversation between the prime minister and the leader of Opposition which is what the constitution requires,” he said. “I believe the judgment was a good one.”
In March 2008, Llewellyn was appointed director of public prosecutions – the first woman to hold the position. Unlike previous DPPs, who had been appointed simply on the recommendation of the prime minister, she had to apply through a competitive selection process administered by the Public Service Commission.
Notable cases the ODPP has been involved with during her tenure include the murder trial of Vybz Kartel, the extradition of Christopher Coke, and bribery charges against Trafigura Beheer.
