Bar association calls for swift action on Office of DPP

The Jamaican Bar Association is calling for the Government to move swiftly to appoint a new or acting Director of Public Prosecutions (DPP) in the interest of the administration of justice.

A statement on Sunday from Attorney General Derrick McKoy's office indicated that due to the uncertainty arising from the Full Court ruling in relation to Paula Llewellyn's tenure, she has advised that she is unable to carry out the functions of her office at this time.

The chambers said the Public Service Commission will be invited to appoint a qualified person to act in the role of DPP. 

However, there is currently no commission in place as the tenure of the previous body expired on March 31. 

The Government is now moving to install a new Public Service Commission in order to get the acting DPP in place.

The move to appoint an acting DPP was reportedly recommended to avoid a potential constitutional crisis where decisions made by Llewellyn since the April 19 ruling could be deemed invalid.

There was also anxiety about whether prosecutors would have the authority to act in the name of the DPP when gun court and circuit courts resume on Monday. 

The Constitutional Court on Friday ruled that an amendment to the Constitution giving Llewellyn the power to elect to remain on the job was null and void and of no legal effect.

The Government plans to file an appeal against the ruling.

The bar association says the court ruling has very serious implications for Llewellyn in continuing in the Office of the Director of Public Prosecutions.

“The effect of the ruling, on a plain reading of the judgment, is that Ms Llewellyn, KC's election to continue in office until age sixty-five (65) was done pursuant to a provision that is void. Accordingly, her continuation in office after the ruling has no valid legal basis.”

Noting that there is very little room for doubt that Llewellyn's decades, and depth, of contribution to the development of the legal profession in the Office of the Director of Public Prosecutions have had immense impact, the association argued that the rule of law must, however, be upheld.

That is why it wants the Government to urgently move to have a new appointment at the Office of the DPP.

“The proper administration of the criminal justice system, and the desirable sense of stability to the prosecutors in the Office of the Director of Public Prosecutions to whom powers are delegated by a lawfully sitting DPP, must not be jeopardised.”

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