PS recommended Thompson for appointment as acting DPP
Published:Friday | May 10, 2024 | 12:14 AM
The Patricia Sinclair McCalla-led Public Service Commission (PSC) has said that the commission acted on the recommendation of permanent secretary in the Ministry of Justice, Grace Ann Stewart McFarlane, when it appointed Claudette Thompson to act as director of public prosecutions (DPP) for six months.
The PSC’s comment was in response to a recent query from leaders of opposition business in the Upper and Lower Houses of Parliament Peter Bunting and Phillip Paulwell, respectively, seeking clarity on the basis for the appointment of an acting DPP.
In a missive from the PSC to attorney-at-law Michael Hylton, King’s Counsel, who is representing Paulwell and Bunting, the PSC said the recommendation was made in a letter dated April 21, 2024 from McFarlane.
In a PSC letter to Hylton that was seen by The Gleaner, the commission also stated that, with regard to the judgment of the Constitutional Court issued on April 19, 2024 concerning the Office of the Director of Public Prosecutions, it determined that “there was a good basis for making the acting appointment”.
The judgment signalled that the extension of Paula Llewellyn’s tenure as DPP last year was “unconstitutional, null, and of no legal effect”.
The Government has since filed an appeal to challenge the court ruling against the tenure of Llewellyn.
Opposition lawmakers Paulwell and Bunting had challenged the amendment to the Constitution that allowed incumbent Llewellyn, KC to elect to remain in office.
There has been some controversy over the various interpretations of the Constitutional Court’s ruling on the validity of Llewellyn’s extended tenure.
In the wake of this development, the Attorney General’s Chambers had said that, owing to the ambiguity and the consequent uncertainty from the court’s ruling, Llewellyn had advised that “she is unable to carry out the functions of her office this time”.
However, the opposition lawmakers have argued that, by virtue of the court’s decision, there has been a vacancy in the office of DPP since September 2023.
In this regard, it sought clarity on the matter.
The Opposition People’s National Party said it was seeking to ensure that the Public Service Commission’s decisions are aligned with the decision of the Full Court.
The Jamaican Bar Association (JAMBAR) had also called for the PSC to clarify the basis upon which the acting appointment of a DPP was made. It wanted to know whether the appointment was made on the basis of the post of the DPP being vacant or on the basis of Llewellyn being unable to perform the functions of the office.
Further, the association said, if the acting appointment was made on the basis of Llewellyn’s inability to perform the functions of the office, JAMBAR also called for the PSC to clarify the reason for the inability.