Gov’t to appeal constitutional ruling against tenure of DPP

Justice Minister Delroy Chuck says the Government will be appealing this morning's decision by the Constitutional Court that the Director of Public Prosecutions' extension was unconstitutional and will be seeking a stay so that Paula Llewellyn will remain in office until the matter is heard.

Last July, the Constitution was amended to move the retirement ages of the DPP and the Auditor General from 60 to 65.

Llewellyn, whose tenure would have ended in September that year as a result, was given two extra years to remain in office.

However, Opposition lawmakers Phillip Paulwell and Peter Bunting took the issue to court.

Consequently, an all-female panel of three judges, Justices Sonya Wint-Blair, Simone Wolfe Reece and Tricia Hutchinson Shell, who heard legal arguments last year, handed down the shocking decision on Friday morning. 

The court said the change in the Constitution in July 2023 to raise the age of retirement for the DPP and the Auditor General from 60 to 65 was valid. 

But, it said the amendment allowing Llewellyn to choose to remain was wrong. 

That section is "unconstitutional, null, void and of no legal effect," said Wint-Blair in giving the oral ruling of the court. 

But, Chuck says the Government will be challenging that decision.

"The Government does not agree with this part of the ruling and will instruct its attorneys to ask for a stay of execution and immediately appeal the ruling," he said.

The justice minister stated that there are no plans in place at this time to appoint an acting DPP.

He noted that the court essentially granted the parties a seven-day stay, in which time it is hoped that the appeal will be filed.

In handling down the decision this morning, Justice Wint Blair said," A new provision introduced into the Constitution by Section 2(2) of the Act grants the DPP the option to remain in office after age 60 and this gives the DPP a level of authority not envisaged by the Constitution's framers.”

She noted that "The incumbent DPP has already reached the extended retirement age, this means that the application of Section 2(2) cannot lead to another extension in office by way of an election on the part of the incumbent DPP as this is unlawful."

The Constitutional Court said "the only lawful method to extend the DPP's tenure remains by way of an agreement between the prime minister and the opposition leader."

- Tanesha Mundle

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