JFJ reiterates call for appointment of permanent DPP

Human rights lobby group Jamaicans for Justice (JFJ) is renewing its call for the appointment of a permanent Director of Public Prosecutions (DPP).

JFJ says it's of the view that there is no ambiguity that the office was rendered vacant as of September 21, 2023 arising from last Friday's ruling by the Constitutional Court that an amendment to the Constitution giving incumbent Paula Llewellyn the power to elect to remain on the job was null and void and of no legal effect.

The Government has since filed an appeal.

Prosecutor Claudette Thompson was appointed to act in the post on Monday after Paula Llewellyn stepped away on Sunday.

JFJ is arguing that the decision of the court is clear and steps should be taken to permanently fill the post.

“Of grave concern and that which requires clarity, in advising the appointment of an acting DPP, the state noted Ms Llewellyn's voluntary but seemingly temporary departure from the role.

“It is instructive to note that legal luminaries have advised that a declaratory judgment cannot facilitate a stay of execution, as per the Minister of Justice's earlier stated intent, which would in effect allow Ms Llewellyn to stay in office until an appeal. Therefore, we find it concerning that the current status of Ms Llewellyn's 'stepping aside' is unclear.

JFJ is contending that section 96(3) of the Constitution was never intended for an acting DPP to be so appointed as an interim office holder pending an appeal to an adverse court ruling.

“Accordingly, it is our position that there is no in the judgement and the office has been rendered vacant as of September 21, 2023, thereby necessitating the appointment of a permanent office holder.”

The human rights lobby group says it is against any move that may seek to delay a permanent replacement, “essentially circumventing the rule of law and enforcement of the judgement.”

“This is a dangerous precedent and would be an indictment on the government.”

“For the avoidance of doubt, JFJ had called for and welcome the now appointed Acting DPP, Ms Claudette Thompson. We think this is in the public's interest and ensures continuity in the administration of the office. Though we welcome M. Thompson and wish her the best in coming months, there must be clear next steps in the Public Service Commission (PSC) commencing a transparent process of appointing a new permanent office holder.”

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