Llewellyn chastises Harrison for using ODPP letterhead to write recommendation letter

Paula Llewellyn has taken issue with her former deputy Dirk Harrison's use of the Office of the Director of Public Prosecutions (ODPP) letterhead to write a letter of recommendation, as reported in a story in today's Gleaner.

In a statement today, the Director of Public Prosecutions (DPP) said, “the official letterhead correspondence is used by Crown Counsel to conduct the official business of the ODPP. Our office does not issue letters of recommendation in respect of persons wishing to pursue their personal endeavours, including the application for a firearm user's licence. That is not a part of our standard operating procedures as prosecutors in a public office.”

In the story 'Harrison dismisses Montague's claims', former National Security Minister Robert Montague accused Harrison of writing a letter in 2010 recommending a gentleman to the Firearm Licensing Authority (FLA) who had a criminal conviction.

“This said gentleman is one of the eight persons under review in the special report,” Montague said in Parliament on Tuesday, noting that Harrison was then the deputy DPP when he wrote the letter on the letterhead of the ODPP.

Harrison retorted that he had written a recommendation for a person he knew very well who wanted to renew his firearm licence, which had been revoked.

He said he was a lawyer operating out of the ODPP, and “Just like a pastor or a police officer or a school principal would do, they would be writing, not with their home address, but write based on where their office is.”

READ: https://jamaica-gleaner.com/article/lead-stories/20230615/harrison-dismi...

However, today DDP Llewellyn said she only became aware of the letter through the media this week, stressing, “this course of conduct would never have been approved by me as DPP.”

She added, “Our remit under the Constitution includes the prosecution of persons with gun offences. Therefore, it is my view that it would be inappropriate for any Crown Counsel or Deputy DPP, who is the agent of the DPP under the Constitution, whether in their private or public capacity, to issue a recommendation for a convicted person to an agency outside of their work process.”

SEE FULL STATEMENT FROM DPP PAULA LLEWELLYN BELOW:

The office of the Director of Public Prosecutions (ODPP) has had sight of an article published in today's Jamaica Gleaner dated June 15, 2023, entitled 'Harrison dismisses Montague's claims'.

Former contractor general says he didn't compile, prepare or write a special report which stated among other things as follows:

“Responding to the claim that he wrote a recommendation on the letterhead of the ODPP, Harrison said he was a lawyer operating out of the ODPP.

“Just like a pastor or a police officer or a school principal would do, they would be writing, not with their home address, but write based on where their office is,” Harrison pointed out.”

In reference to the above statement reported by Mr. Dirk Harrison, former Deputy Director of Public Prosecutions, I wish to state categorically that the constitutional mandate of the ODPP is solely to institute, undertake, and discontinue prosecutions of criminal matters before the courts of Jamaica.

The official letterhead correspondence is used by Crown Counsel to conduct the official business of the ODPP. Our office does not issue letters of recommendation in respect of persons wishing to pursue their personal endeavours, including the application for a firearm user's licence. That is not a part of our standard operating procedures as prosecutors in a public office.

The letterhead bears the imprimatur or approval of the DPP in whose name all prosecutions are conducted and on whose behalf all prosecutors act, which is why it should be strictly used for the business of the office.

I was provided with a copy of the abovementioned letter by a media house and I recognized the letterhead and the signature of Mr. Harrison. I took note of the contents and I wish to state categorically that at no time as the incumbent DPP, given the date of the letter, was I aware of this letter of recommendation, and at no time was this discussed with me or approved by me.

I only became aware of the existence of this letter which was issued to the Firearms Licencing Authority (FLA) by Mr. Harrison through the media this week. This course of conduct would never have been approved by me as DPP.

Let me indicate that where officers of the ODPP may be minded to pen letters of recommendation, reference, and any other process to assist individuals in their personal capacity, the practice is that such documentation is not done under the official letterhead of the ODPP but on a personally prepared letterhead which is unique to the prosecutor in their private capacity as an Attorney-at-Law.

The ODPP is a public office with critical public functions unlike a lawyer in private practice, or a principal or teacher, as unlike these other professionals, decisions that we make given our remit can adversely affect the liberty or reputation of any citizen irrespective of their station in life. Therefore, we as prosecutors have to be careful to act professionally and transparently so as not to compromise our position or do anything that may undermine the credibility of the ODPP or bring it into disrepute.

Our remit under the Constitution includes the prosecution of persons with gun offences. Therefore, it is my view that it would be inappropriate for any Crown Counsel or Deputy DPP, who is the agent of the DPP under the Constitution, whether in their private or public capacity, to issue a recommendation for a convicted person to an agency outside of their work process.

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