Llewellyn’s extension as DPP gazetted in 2020
Published:Sunday | February 19, 2023 | 5:00 AMBarbara Gayle - Sunday Gleaner Writer
The three-year extension granted to Director of Public Prosecutions (DPP) Paula Llewellyn, KC, was gazetted on August 26, 2020, contrary to a suit filed in the Supreme Court last week by murder convict Mervin Cameron, who is contending that it was not.
Cameron stated that checks made by his lawyer, Hugh Wildman, at the Jamaica Printing Services Ltd (Government Office), revealed that the extension was not gazetted.
In his affidavit, Cameron contended that, because the extension was not gazetted, the office of the DPP was vacant. He also claimed that the Constitution does not provide for a second extension of tenure to be granted to any holder of the post.
The Sunday Gleaner obtained a copy of the gazette last week.
Single extension
Leonard Green, president of the Advocates Association of Jamaica, said that, under the Constitution, a DPP is entitled to a single extension for a maximum of five years.
He added that the Constitution contemplates that, at the time when an extension is being considered, there is an opportunity to grant an extension of between one and five years.
In 2020, consideration was given for the Llewellyn to remain in office for three years. She had been set to retire in September 2020 after serving in the role for 12 years and having reached age 60.
Prime Minister Andrew Holness had argued that the three-year extension of Llewellyn’s tenure would give her office enough time to prepare for transition and management.
Llewellyn’s extension is set to end this year.
“I am not aware that the Constitution makes provision for a second extension to be made,” Green said last week when questioned on the issue.
He pointed out that, for an increase in the age of retirement from 60 to 65, Section 96(1) of the Constitution could be amended by a majority in the Houses of Parliament.
Section 96 (1) of the Constitution states that the DPP shall hold office until age 60. Section 96(1)(b) states: “The governor general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may permit a director of public prosecutions who has attained the age of 60 years to continue in office until he has attained such later age, not exceeding 65 years, as may (before the director of public prosecutions has attained the age of 60 years) have been agreed between them.”
An eminent jurist, in interpreting the section last week, said the law makes it clear that any extension given to a DPP must happen before the person reaches the age of 60.
The jurist said “a first extension is allowable, but a second extension is not allowable”.
In commenting further on the issue, the jurist said, in light of the new Pensions (Public Service) Act, which allows for civil servants to retire at 65 years, Section 96(1) of the Constitution should be amended so that a DPP can retire at age 65.
“An anomaly exists in the Office of the DPP, whereby all the prosecutors are required to retire at 65 and, if someone from the office is promoted to the post of DPP, that person would be forced to retire at age 60,” the jurist pointed out.
The jurist referred to the amendment to the Constitution several years ago to increase the retirement age for judges from age 65 to 70. Prior to that, judges who wished to serve longer were given a two-year extension.
“Parliament needs to move to amend the Constitution so that a DPP can remain in office until age 65 and not be subjected to making an application for an extension. This is really not fair,” the eminent jurist added.
In July 2020, Holness had indicated that he would be considering whether to seek to amend the constitutionally mandated retirement age of 60 years for DPPs.