Fellow counsel applaud Thompson’s appointment, but questions linger

Several senior lawyers have endorsed the selection of prosecutor Claudette Thompson as acting director of public prosecutions (DPP) even as some are calling for clarity on her appointment and on the status of the incumbent, Paula Llewellyn.

The appointment, which took effect on Monday and will run for six months, comes following Llewellyn’s decision to vacate the post in the wake of “ambiguity” over a constitutional court ruling on Friday.

The Constitutional Court had ruled that an amendment to the Constitution giving Llewellyn the power to elect to remain on the job was null and void and of no legal effect.

Last July, the Constitution was amended to move the retirement ages of the DPP and the auditor general from 60 to 65.

However, a provision that allowed Llewellyn to choose to continue in the post beyond her 63rd birthday last September was declared “unconstitutional, null and void and of no legal effect”.

The Government, however, has indicated that it intends to appeal the ruling, while insisting that no extension was granted to Llewellyn and that she could have remained in office until she reached 65 by virtue of the amendment.

But, in the meantime, Thompson, who was the senior deputy director of public prosecutions, has been handed the baton to act in the post for a second time. She previously did so between August 2 and September 6 in 2019.

Several colleagues at the private Bar have welcomed Thompson’s appointment, noting that she is a most suitable candidate who will no doubt continue to serve with distinction.

Jacqueline Cummings, past president, Jamaican Bar Association:

I worked with her on one of the gang cases, and I’ve worked with her on several other cases, and I find her to be very diligent, competent, and one of the affable members of the prosecution that you can have banter with and not take it personally and can move on from there to the next case. [She’s] a wonderful human being who is very suitable for the post.

I think that they should [eventually] advertise the post [if Llewellyn will not return] as there are many Jamaicans in the diaspora who might think of applying for that job. The substantive post needs to be advertised and should not be limited to Jamaicans in Jamaica because we have Jamaicans who are DPPs in other Caribbean countries and you have Jamaicans who are attorneys general in other Caribbean islands as well, so I think we should advertise the post so that the Public Services Commission have a wide range of persons to choose from and not just limit it to persons within the department.

 

Linton Gordon, attorney-at-law:

I am very proud of her. I’ve known her before she became an attorney. I know her parents from St Ann, and I’m sure they are very proud to hear that their daughter has been appointed to act.

She is a very pleasant, honest, decent and hardworking attorney-at-law and I think that she has all of the abilities, attributes and capabilities to be DPP.

When you look at the appointment, it must be presumed that she is the most qualified of all the persons at the DPP’s office to be called upon to act. It is also heartening to know that her appointment is for a fairly long period of six months, which will give her enough time to feel herself in the seat and will give the persons who appointed her to act time to determine whether she is now fit and suitable to be appointed in her own right as DPP.

The appointment of a person for a temporary period invites a number of questions: Is she being appointed to act pending a resolution of the situation in the department which is anticipated will result in the return of Ms Llewellyn? Or is she just acting pending the appointment of someone from outside to head the DPP department? And thirdly, is she appointed to act for the six-month period as a way of giving notice to other persons who have interest, especially persons, at the DPP who have interest in this appointment?

 

Leonard Green, president of the Advocates Association of Jamaica:

She has practised as a prosecutor for her entire career and she certainly has a depth of knowledge of the operations of the ODPP and she has enjoyed a good relationship with most of the members of the staff at the DPP and she enjoys a fairly decent and good relationship with members of the Bar. I think she is a suitable person in the post and members of the Advocates Association have no objection to her appointment.

 

Tamika Harris, chair of the Jamaican Bar Association criminal law practices and procedure committee:

Ms Thompson is well suited to serve as DPP and I wish her well in her new role, albeit, it is an acting role. It is in the best interest of Jamaica that we have a robust and fair DPP. She has a wealth of knowledge and extensive experience in prosecuting matters and leadership.

All stakeholders want a justice system where the guilty are brought to timely justice and the innocent are protected from wrongful conviction. Ms Thompson’s conduct over the years leaves me in no doubt that she will operate with integrity, inspire public trust and confidence and safeguard the administration of justice throughout Jamaica. It is also remarkable that another female was selected to lead the ODPP.

 

Maurice Manning, KC:

She is eminently qualified from all reports I have had from colleagues in the profession.

The statement that the DPP is unable to act is unclear. Is she on leave, unwell or is it because of an unwelcome ruling? It is undesirable and does not serve the interest of the country to have someone act as DPP for such an extended period in a position that requires robust independence and impartiality. Regardless of the respective arguments, I hope there is an expedited appeal so that these issues are resolved quickly.