She must leave office, says lawyer in constitutional case against DPP Paula Llewellyn

King's Counsel Michael Hylton says Paula Llewellyn will have to step down "as of today" as Jamaica's director of public prosecutions (DPP), barring an appeal, following a court ruling that her extension in the post last year was "unconstitutional". 

Hylton is the lead attorney for Opposition lawmakers Phillip Paulwell and Peter Bunting who brought the challenge against the widely-condemned actions of the Andrew Holness administration. 

"The case is not about Ms Llewellyn... the case is about the rule of law ...and that the Constitution needs to be respected," Hylton said in a reaction after the judgment.  

For his part, Paulwell said the ruling signals the importance of respecting the Constitution.

Paulwell further argued that the court victory is a win for governance.

He asserted that this embarrassing situation could have been avoided if the Government had engaged the Opposition in a meaningful way.

The Constitutional Court, made up of three judges, heard arguments last year and 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 Justice Sonya Wint-Blair in giving the oral ruling of the court. 

"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," Wint-Blair said. 

In a press summary of the decision, the court noted: "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."

Golding has already indicated that the Opposition People's National Party is against a further extension for Llewellyn. 

This is the latest case in which the courts have struck down changes to the Constitution pursued by the Holness administration. 

The constitutional amendment was done without consultation with the Opposition and brought to the House of Representatives and passed on the same day, without support from the Opposition. 

The DPP reached the age of retirement in 2020 but got a three-year extension which ended in September 2023. 

Llewellyn has been DPP since 2008.

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