Court rules DPP’s 3-year extension lawful

A major victory was scored yesterday by the Government when the Full Court ruled that the three-year extension granted to Director of Public Prosecutions (DPP) Paula Llewellyn in 2020 was lawful.

Double-murder convict Mervin Cameron had challenged the extension on the basis that it was illegal because the authorities failed to follow the proper procedure provided for an extension to be granted to the DPP under the Constitution and the Interpretation Act, thereby rendering the appointment null and void.

The court said “the fact that the extension would have taken effect on either the day of the DPP’s birthday or the day after was of no moment”.

The court found that the agreement to extend the tenure of the DPP had been concluded before she reached the age of 60 and there was no breach of the Constitution.

The attorney general was the respondent and no order was made as to costs.

Cameron stated in his affidavit that his attorney-at-law, Hugh Wildman, conducted investigations and it was revealed that Llewellyn’s appointment had violated the laws.

The court refused to grant the declarations that Cameron was seeking that the extension was null and void and that the purported appointment granted to her after she had reached age 60 was in breach of section 96 (1) (b) of the Constitution of Jamaica.

CONTRIBUTING FACTORS

In delivering the unanimous decision, the judges said there were three issues to be decided: Did the DPP apply to the proper entity for an extension of her tenure in office, when was the extension granted and whether the extension was in keeping with section 96(1) (b) of the Constitution.

Wildman had argued that the Gazette dated August 26, 2020 which indicated that her extension would take effect on her birthday, September 21, 2020, was a clear breach.

The court said Wildman seemed to have focused on when the extension would have taken effect as opposed to the occasion on which the extension was agreed upon.

“There was clearly an agreement for the DPP to be granted an extension prior to the 21st September 2020. The letter from the governor general to the prime minister dated 8th July 2020 speaks to a letter he received from the prime minister where he, the prime minister, had recommended the extension of the tenure of the DPP for three years. That letter was never produced to the court, but upon reading the letter of 8th July 2020, it was garnered that there was consultation with the leader of the Opposition. That letter led to the publication of the extension in the Extraordinary Gazette.

“The Constitution speaks only to the agreement being concluded before the 60th birthday of the DPP. There was clearly an agreement in place before that day,” the court ruled, saying it found no merit in Wildman’s submissions.

Wildman indicated yesterday that he would appeal the ruling.

Attorney-at-law Kamau Ruddock, who represented the attorney general, had argued that the DPP’s appointment was in compliance with the specified section of the Constitution. She said it was clear that the governor general, on the recommendation of the prime minister after consulting with the opposition leader, permitted the DPP to continue in office.

The Full Court, comprising justices Lorna Shelly-Williams, Simone Wolfe-Reece and Andrea Pettigrew-Collins, heard the motion and dismissed it.

NOT SURPRISED

Reacting to yesterday’s ruling, Justice Minister Delroy Chuck said, “I am not surprised at the ruling of the Full Court. The action by the attorney for Mervin Cameron was ill conceived and without merit. It is clear that the governor general approved the extension and it was properly gazetted.”

He added, “But it was obvious that the attorney was trying to impute that her tenure was not lawful so that his client could have a case. Everything was above board re the extension.

“I am so disappointed that all and sundry and persons who should know better are politicising and personalising the Office of the DPP and that is unbecoming and they should stop.”

In the meantime, with the amendment last week to the Constitution, moving the age of retirement for the DPP and the Auditor General from 60 to 65, it means that the current DPP could remain in the post for another two years. Yesterday, Governor General Sir Patrick Allen gave his assent to the Bill, thereby establishing it in law.

The amendment has been met with criticism and there is the likelihood that there will be legal challenges to Llewellyn remaining in office.

editorial@gleanerjm.com