JAMAICA | Paula Llewellyn remains DPP says Court of Appeal

KINGSTON, Jamaica, December 20, 2024 - In a dramatic reversal on Friday, Jamaica's Court of Appeal overturned an April Constitutional Court ruling that had curtailed the tenure extension of Paula Llewellyn as Director of Public Prosecutions (DPP). The landmark decision validates controversial constitutional amendments passed in 2023, which had become a lightning rod for debate between the government and opposition.

The Appeal Court panel, led by Justice Christine Straw, delivered a clear rebuke to the lower court's interpretation, stating that the incumbent DPP "automatically benefited" from the extension upon the Amendment Act's promulgation. In a significant departure from the Constitutional Court's stance, the panel rejected the notion that such an extension would require consensus between the prime minister and Opposition leader.

At the heart of the controversy lie two crucial amendments pushed through Parliament in 2023: one raising the DPP's retirement age from 60 to 65, and another granting the DPP the right to remain in office independently of traditional constitutional requirements for prime ministerial and Opposition leader approval.

The Opposition's challenge to these amendments centered on a technical argument: since Llewellyn had already received one extension in 2020 upon turning 60, she should be barred from benefiting from a second extension. This argument initially found favor with the Constitutional Court's three-justice panel in April.

The April ruling had sent shockwaves through Jamaica's legal establishment. While upholding the constitutionality of raising the retirement age, the Full Court - comprising Justices Tricia Hutchinson Shelly, Simone Wolfe-Reece, and Sonya Wint Blair - took aim at the second amendment. They declared it "unconstitutional, null, void and of no legal effect," arguing that the process for extending retirement age must remain unchanged.

The immediate fallout was significant. Llewellyn, who had served as DPP for 16 years, stepped aside in April, making way for Claudette Thompson to assume the role of interim acting DPP. Thompson's initial six-month appointment, which began on April 22, was later extended as legal battles continued to unfold.

The government, through the attorney general's office, swiftly mounted its challenge to the Constitutional Court's ruling. Their persistence paid off on Friday when the Court of Appeal found "nothing improper" about the constitutional amendment, explicitly stating that the Full Court had "fallen into error" in striking down the provision allowing Llewellyn's continuation.

Justice Minister Delroy Chuck's response to the ruling was swift and unequivocal, expressing the government's delight at the Appeal Court's decision. The ruling effectively clears the path for significant changes in how Jamaica's top prosecutorial position is governed.

The ruling represents a watershed moment in Jamaica's judicial history, effectively redrawing the boundaries of constitutional interpretation regarding high-level judicial appointments. The Court of Appeal's decision, delivered just before the year's end, not only validates the government's legislative approach but also sets a precedent for future constitutional amendments affecting key judicial positions.

The case's trajectory - from parliamentary amendment through constitutional challenge to appellate resolution - highlights the complex interplay between Jamaica's executive and judicial branches. What began as a straightforward tenure extension has evolved into a defining moment for the nation's constitutional framework.

The immediate practical effect of Friday's ruling leaves Thompson, who has served as acting DPP since April 22, in an uncertain position as the justice system adjusts to this latest development. The decision's broader implications for Jamaica's judicial independence and the balance of powers between government branches will likely reverberate through the country's legal system for years to come.

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