KINGSTON, Jamaica, CMC—The Jamaica authorities signaled its intention to enchantment a ruling by the Constitutional Court docket that discovered the choice to increase the tenure of the Director of Public Prosecution (DPP), Paula Llewellyn, unconstitutional.
“The Authorities of Jamaica doesn’t agree with this a part of the ruling of the Constitutional Court docket and can instruct its attorneys to ask for a keep of execution and instantly enchantment the ruling,” the Justice Ministry mentioned in an announcement.
Final July, the federal government used its majority within the Parliament to amend the retirement ages of the DPP and the Auditor Normal from 60 to 65. Because of this, Llewellyn, whose tenure would have led to September of that yr, was given two further years to stay in workplace.
However Opposition lawmakers Phillip Paulwell and Peter Bunting had taken the difficulty to courtroom, and the all-female panel of three judges – Justices Sonya Wint-Blair, Simone Wolfe Reece, and Tricia Hutchinson Shell – who heard authorized arguments final yr, handed down the ruling on Friday.
In its ruling on Friday, the Constitutional Court docket mentioned: “A brand new provision launched into the Structure by Part 2(2) of the Act grants the DPP the choice to stay in workplace after age 60, and this offers the DPP a degree of authority not envisaged by the Structure’s framers.”
“The incumbent DPP has already reached the prolonged retirement age; which means that the applying of Part 2(2) can’t result in one other extension in workplace by means of an election on the a part of the incumbent DPP as that is illegal.”
The Constitutional Court docket mentioned, “The one lawful technique to increase the DPP’s tenure stays an settlement between the prime minister and the opposition chief.”
Opposition Chief Mark Golding informed a information convention that the put up of DPP is vacant and urged the Companies Fee to swiftly suggest somebody to fill it.
“The authorized recommendation that we have now acquired as we speak is that it is a declaratory judgment that the constitutional courtroom has made, and there’s no jurisdiction to grant a keep of a declaratory judgment. You possibly can enchantment it, nevertheless it stands as a declaration of what the legislation is until and till the next courtroom says in any other case. Our place is that Ms. Llewellyn is now not the DPP and has, the truth is, not been the DPP since her 63rd birthday in September final yr,” Golding mentioned.
He mentioned {that a} provision covers the rulings she has made so far however that because the ruling has now been made, she will be able to now not carry out capabilities as a DPP, and a brand new DPP ought to be appointed.
Nevertheless, the Minister of Justice, Delroy Chuck, mentioned there aren’t any plans to nominate an appearing DPP presently.
He famous that the courtroom basically granted the events a seven-day keep, throughout which period the enchantment is hoped to be filed.
The ministry additionally mentioned the federal government famous that the courtroom on the identical time dominated that the Act extending the retirement age of the DPP from age 60 to 65 is constitutional.
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