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| Jul 31, 2023

Controversy engulfs DPP office amid tenure extension row

Tamoy Ashman

Tamoy Ashman / Our Today

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Director of Public Prosecutions (DPP) Paula Llewlyn speaking at a National Black Prosecutors Association conference in the United States. (Photo: National Black Prosecutors Association)

The Office of the Director Public Prosecutions (ODPP) has been thrown into turmoil as the Government’s decision to extend Paula Llewellyn’s tenure as the country’s chief prosecutor has sparked an uproar from advocacy groups and the Opposition, who are now calling for the office to be vacated.

Amid the heated debate, questions have also arisen concerning the DPP’s management of the office with a senior deputy director of public prosecutions writing to the prime minister advising against the extension, further complicating the situation.

During a sitting of the Senate on Friday, July 28, the Government approved amendments to the Constitution (Amendment of Sections 96 (1) and 121(1)) Act, 2023, to raise the age of retirement for holders of the offices of the Director of Public Prosecutions (DPP) and Auditor General, from 60 to 65 years.

The hasty amendment was met with sharp criticisms from the Opposition People’s National Party, which complained that it was not consulted by the Government before the amendment was approved. They labelled the Government’s actions as unconstitutional and urged the DPP to step aside.

Extension unconstitutional?

As Jamaica’s first female DPP, Llewellyn is also the longest-serving chief prosecutor, having held the office for 15 years. In 2020, just months before her tenure expired, Prime Minister Andrew Holness granted her a three-year extension. Now, the Government is in the process of granting another extension to Llewellyn.

Isat Buchanan (Photo: Facebook @IsatABuchanan)

“It was pointed out to power brokers that the text of the Constitution does not permit such an extension. The Government’s response was to clandestinely draft and foist upon Parliament a Nicodemus provision that required only their support and seeks to achieve through the backdoor what it could not achieve directly. The DPP’s tenure was ‘extended’ by an act of Parliament, which ‘overwrote’ the text of her previous contractual arrangement.

“We find the foregoing to be shocking and unacceptable on many levels. One of the guarantees that all citizens have is that the office holder is “independent” and “impartial”. This guarantee is unwittingly undermined by the mishandling of this amendment issue and the background of this issue,” said Isat Buchanan, former chairman of the Opposition’s Human Rights Commission, in a release.

Buchanan also made mention of a letter from Senior Deputy DPP Kathy-Ann Pyke, calling for an investigation into the viability of the office under Llewellyn’s leadership and urged the DPP to step down amid a probe.

Seemingly not backing down, the DPP said Pyke is a controversial figure at the office ,who has been the subject of numerous complaints from junior staff and on occasion, disrespectful to the DPP.

JFJ wants Llewelyn out

As the situation unfolds, advocacy group Jamaicans for Justice (JFJ) has joined the growing number of civic organisations expressing concern about the controversial and unprecedented way in which the Government extended the DPP’s, and to a lesser extent, Auditor General’s tenures.

It noted that while it understands the significance to streamline the age of retirement, the lack of consultation with the Opposition “runs contrary to the tenets of good governance and the spirit of the supreme law”.

It also raised questions about Llewelyn’s time in office and urged for an investigation into the matter.

“If Pyke’s concerns are even half true, then the DPP’s tenure in office is untenable, and certainly in the immediate requires high-level intermediates to mediate and address the concerns. If Llewelyn’s concerns regarding Pyke are also even half true, Lewelyn should demit office,” the JFJ wrote in a release.

JFJ explained: “She would, despite prior warnings, have unjustly subjected her staff, the ODPP, court, and public to abuse from an ‘eccentric’ person. She would have seemingly taken no satisfactory steps to bring this ‘eccentric’ person to account despite ‘multiple’ reports from the staff, defence, and court. Her own words disqualify her from continuing in the post as DPP.”

The Jamaican Bar Association (JAMBAR) is also questioning the Government’s decision to amend the Constitution to allow for the extension of the DPP’s and Auditor General’s tenure.

In a release issued on Saturday, July 29, JAMBAR said it is critical that the “two offices are seen to be independent and uninfluenced by political or other factors”.

It further urged the Government to halt the amendment.

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