DPP Paula Llewellyn’s Tenure Uncertain After Constitutional Court Ruling

The constitutional court ruling has left the Director of Public Prosecutions (DPP) Paula Llewellyn’s tenure in a state of uncertainty. Sources cite that the ruling has the potential to directly impact her position, the specifics of which remain unknown at present.

Public commentary has risen surrounding the event, with professionals and laymen alike speculating over the implications of this ruling on Llewellyn’s career. Many are concerned about the court’s decision potentially hindering the prosecution’s ability to effectively serve justice.

The Government’s attempt to amend the Constitution to extend the tenure of Director of Public Prosecutions Paula Llewellyn has been ruled unconstitutional. The Full Court of the Supreme Court, consisting of Justice Sonya Wint-Blair, Justice Simone Wolfe-Reece, and Justice Tricia Hutchinson Shelly, issued the decision, which has prompted the Justice Minister Delroy Chuck to announce an intended appeal.

As one of Jamaica’s most senior legal officials, Llewellyn has served as the DPP since 2008, marking her as one of the nation’s longest-serving legal officers. She has been instrumental in several high-profile cases, making her name synonymous with justice and due process.

In July 2023, the Constitution was amended by the Andrew Holness government to increase the retirement ages of the DPP and the auditor general from 60 to 65. However, the People’s National Party (PNP) questioned the legitimacy of this amendment. The court was tasked with deciding if Sections 96 (1) and 121 (1) of the Constitution were validly amended by the Act of 2023.

Justice Wint-Blair identified Section 2 (2) of the Act, which allows the DPP to elect to remain in office despite the role of the prime minister and Opposition leader in tenure extensions, as the “offending provision.” Since Llewellyn has already reached the extended retirement age, further extension by her election is deemed unlawful.

The court concluded that any lawful extension must be by an agreement between the Prime Minister and the Opposition Leader. Sections 2 (2) of the Act was thus severed from the Act, struck down, and declared as unconstitutional.

This ruling led to a substantial disruption in Circuit Courts across the island as prosecutors, uncertain of their authority following the judgment, could not proceed with cases. The legal community and the courts are now dealing with the consequences of the court’s decision.

The ruling, announced Friday morning at the Supreme Court in downtown Kingston.The extension, which followed a previous three-year extension in 2020 when Llewellyn turned 60, was challenged in a lawsuit by the Opposition People’s National Party (PNP).The claimants, Member of Parliament Phillip Paulwell and Senator Peter Bunting, sought a declaration that Llewellyn should not have remained in office beyond September 2023 when the 2020 extension ended.

Justice minister, Delroy Chuck, says the government will be appealing the ruling handed down by the Constitutional Court in relation to the second extension of the Director of Public Prosecution’s tenure.

He spoke with Nationwide News, stating the the Jamaica Labour Party ruling government will appeal the Constitutional Court ruling.

In the ruling, the court found that the government acted unlawfully in granting the DPP the second extension of her tenure, but ruled that the increase in the retirement age is valid.