DPP’s office row

Government’s decision to increase the retirement age for Director of Public Prosecutions (DPP) Paula Llewellyn has sparked a public row between the King’s Counsel (KC) and her senior deputy director of public prosecutions, Kathy-Ann Pyke, who in an 11-page letter levelled damning allegations against her stewardship.

The letter, sent to Prime Minister Andrew Holness and Justice Minister Delroy Chuck on Thursday, called for the postponement of an amendment to the Constitution which would allow Llewellyn to remain in office for at least two more years.

Pyke also called for an investigation into the viability of the Office of the DPP, citing concerns among prosecutors and a lack of confidence in Llewellyn’s leadership going forward.

“In the circumstances, I am humbly asking for a reconsideration of this proposed amendment, as in all the circumstances, it would be manifestly unjust and unreasonable, for Ms Paula Llewellyn, KC, to be given an extension for another term, by virtue of these amendments, or any means whatsoever,” she said in the letter dated July 27, 2023.

But, in a six-page response, the DPP hit back, calling Pyke, who she has known for approximately 30 years, “bitter”.

Llewellyn said though her deputy is “very experienced as a prosecutor”, her professional decorum and behaviour over the years has, on occasion, left much to be desired.

“Miss Pyke has always been bitterly resentful, extremely upset and expressed feelings of hurt and disrespect to me and other members of staff because she has not been placed to head a unit,” said Llewellyn in her rebuttal.

“… It is indeed unfortunate, and it pains me to say this although she has a brilliant mind in respect of research and vast experience as a prosecutor, her interpersonal skills, notwithstanding our best efforts to put her in a space to enhance these skills and emotional intelligence in order to facilitate more kindness to her colleagues both internally and externally, that these efforts continue to fail for the most part,” she added.

The DPP defended her tenure, arguing that her office is “highly respected and regarded” by international partners.

Llewellyn said she has, among other things, facilitated the growth and evolution of the ODPP from 23 lawyers and an office with one air-conditioning unit in the building, to an office with 58 lawyers with first-class accommodations and amenities including a first-class library.

She said the Office of the Services Commission has been asked to investigate the “unprofessional” conduct of Pyke which, she said, has put the office into disrepute.

Constitutional lawyer Dr Lloyd Barnett on Friday described the developments as “sad” but said he could not comment further as the matter may end up in court.

He said the Government’s amendment of the Constitution in the manner it was done is “inconsistent” with good practice.

“For that type of amendment to be done overnight without consultation with the Opposition or public discussion and to have been rushed through Parliament by the use of the Government’s majority is inconsistent with the basic principle, that constitutional change should seek to gain consensus and not be done on the basis of purely whether you have the majority or not,” Barnett told The Gleaner.

“It’s a national process and we should seek a national approach,” he said.

The Gleaner has learnt that Michael Hylton, a constitutional lawyer, has been retained to initiate proceedings for an involved party in the matter.

Hylton, when contacted on Friday, declined comment, confirming that he is professionally involved.

“The lack of consultation and troubling approach of the passage of an amendment to the supreme law has rendered the office of the director of the public prosecutions into unnecessary controversy and disarray,” Executive Director for Jamaicans for Justice Mickel Jackson said on Friday.

“I cast no aspersion on the officeholder, but her tenure is now untenable,” Jackson tweeted.

She said the ODPP, which is a critical one that must be impartial, is now mired in controversy due to poor handling by the Government.

The Senate on Friday approved the bill to increase the retirement age for the officeholders of the director of public prosecutions and auditor general from 60 to 65 years despite mounting controversy.

The Constitution (Amendment of Sections 96(1) and 121(1)) Bill, which was passed in the Lower House of Parliament on Tuesday, was approved in the Upper House without amendment.

Eleven Government senators voted in favour of the Bill, while six Opposition senators voted against it.

Leader of Opposition Business in the Senate Peter Bunting, who argued that the bill should not be “rammed” through the Parliament to facilitate one person, said the Opposition has written to Governor General Sir Patrick Allen and Attorney General Dr Derrick McKoy, expressing grave concern about the expected passage of the bill.

Bunting argued, among other things, that the ODPP has been criticised by the Organization of American States mechanism for the implementation of Inter-American Convention against Corruption.

He said, too, that the office had also been criticised by the then Office of the Contractor General for the lack of corruption prosecutions.

Bunting said with the record of performance of the ODPP, extending Llewellyn’s tenure would be a “travesty”.

He said, from a managerial and organisational development perspective, 17 years is “too long” a time for one person to serve in the position.

Llewellyn has so far served 15 years in office.

The increase in retirement age will push that to 17.

“Such a protracted tenure robs the office of the opportunity for new thinking and energy,” he said, questioning throughout the debate the Government’s motive behind keeping Llewellyn in office.

He introduced to the Senate the letter penned by Pyke, who argued that the rationale given to move the retirement age for Llewellyn and Attorney General Pamela Monroe Ellis is “flawed”.

Chuck’s justification does not accord with settled principles of Constitutional Law, most important of which is the recognition that the Constitution is the supreme law and any law that is in contravention of the Constitution is void ab initio, the senior deputy DPP said.

But, Government Senator Matthew Samuda hit back, questioning whether the “fascination, deep-seated attack” on Llewellyn was because of her prosecution of certain people in the past.

He said there appears to be a personal vendetta at play in the Opposition’s objection to the increase in the retirement age for Llewellyn in particular.

He called Pyke a “disgruntled employee” and said the matter of constitutional amendment should not have been debated in the manner it was.

“It is a disgrace,” said Samuda.

kimone.francis@gleanerjm.com