Court rules DPP’s tenure extension was lawful

The Full Court today ruled that the three-year extension granted to Director of Public Prosecutions Paula Llewellyn in 2020 was lawful.

Double-murder convict Mervin Cameron had challenged the extension on the basis that it was illegal because the authorities failed to follow the proper procedure provided for an extension to be granted to the DPP under the Constitution and the Interpretation Act, thereby rendering the appointment null and void.

Cameron stated in his affidavit that his attorney, Hugh Wildman, conducted investigations and it was revealed that Llewellyn's appointment had violated the laws.

The court refused to grant the declarations that Cameron was seeking that the extension was null and void and that the purported appointment granted to her after she had reach age 60 was in breach of section  96 (1) (b) of the Constitution of Jamaica.

Wildman had argued that the gazette dated August 26, 2020 which indicated that her extension would take effect on her birthday September 21, 2020, was a clear breach.

However, the court said the fact that the extension would have taken effect on either the day of the DPP's birthday or the day after was of no moment. The court found that the agreement to extend the tenure of the DPP had been concluded before she reached the age of 60.

Attorney Kamau Ruddock who represented the Attorney General had argued that the DPP's appointment was in compliance with the specified section  of the Constitution. She said it was clear that the Governor General, on the recommendation of the Prime Minister after consulting with the Opposition Leader, permitted the DPP to  continue in office.

The Full Court comprising Justices Lorna Shelly-Williams, Simone Wolfe-Reece and Andrea Pettigrew-Collins heard the motion and dismissed it.

With the amendment last week to the Constitution moving the age of retirement for the  DPP and the Auditor General from 60 to 65, this means that the present DPP could remain in the post for another two years.

The amendment has been met with criticism and there is the likelihood that there will be legal challenges to Llewellyn remaining in office.

-Barbara Gayle

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