Murder convict files appeal of ruling that DPP's tenure extension was lawful

Double murder convict Mervin Cameron is asking the Court of Appeal to quash a Full Court ruling last month that the three-year employment extension granted to Director of Public Prosecutions (DPP), Paula Llewellyn, was lawful.

Cameron, in the grounds of appeal filed on August 3, is contending that the Full Court erred when it stated that under section 96 (1) (b) of the Jamaican Constitution the DPP could be granted an extension of office after she had attained the age of 60.

Attorney Hugh Wildman, who is representing Cameron, had argued that such an appointment should have been made at least a day before her 60th birthday, which was September 21,  2020.

Cameron is seeking a ruling from the Court of Appeal that the Full Court erred by failing to appreciate that before the DPP can continue in office, she must have in her possession an instrument of appointment by the Governor General granting an extension before she has attained the age of 60.

One of the grounds states that the Full Court erred in failing to appreciate that under section 16 of the Interpretation Act any extension granted to the DPP must take effect at least one clear day prior to her attaining age 60.

Cameron is contending that the court erred in law when it did not find that the Gazette published on August 26, 2020, which stated the extension would take effect on the DPP's birthday, rendered such an appointment illegal, null and void. 

He states further that the court erred when it failed to appreciate that there was no evidence to indicate that the prime minister had made any recommendation to the Governor General for the DPP to remain in office.

He states that the court failed to appreciate that the letter purportedly written by the DPP to the Public Service Commission in January 2020 could not form the basis of a request for an extension as the letter was not written to any of the persons who could lawfully grant an extension under the Constitution.

Cameron is seeking to have the judgment of the Full Court quashed and the office of the DPP declared vacant as of September 21, 2020.

-Barbara Gayle

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