The Government has made good on its promise to swiftly file an application in the Court of Appeal to contest the ruling by the Full Court, which declared Director of Public Prosecutions Paula Llewelyn’s tenure unconstitutional and void.

The Ministry of Justice made the announcement today, April 23, in a media release. The appeal was filed by the attorney general on behalf of the Government.

Justice Minister Delroy Chuck, in the release, argued that the Full Court’s ruling is contradictory as it confirmed that the extension of the retirement age for the DPP from 60 to 65 is valid, but ruled that the DPP could not remain in office.

“In 2017, the Government introduced the Pensions (Public Service) Act 2017, initiating a policy shift to extend the retirement age of public officers from 60 to 65. This change was further cemented by the Constitution (Amendment of Sections 96 (1) and 121 (1) Act 2023, which specifically adjusted the retirement ages for the Director of Public Prosecutions (DPP) and the Auditor General from 60 to 65,” Chuck said.

“On April 19, 2024, the Full Court delivered a judgment in the case of Phillip Paulwell et al. vs. the Attorney General of Jamaica. The court upheld the constitutional amendments, confirming the valid extension of the retirement age for these positions to 65 years. However, despite this affirmation, the Court ruled that the current DPP, Paula Llewelyn could not remain in her position until age 65, creating a significant contradiction of the verdict,” Chuck added.

He said the Government’s has file the appeal to resolve the ‘inconsistency’ in the court’s verdict.

“The appeal argues for a harmonisation of the retirement provisions, maintaining the intended retirement benefits for all affected public officers as per sections 2(2) for the DPP and 3(2) for the Auditor General in alignment with the Constitution. The Government remains committed to ensuring that statutory and constitutional amendments serve the intended purposes without ambiguity or disadvantage to any public officer,” Chuck further noted.

A lawsuit was filed by the People’s National Party’s Phillip Paulwell and Peter Bunting against the attorney general, after the Government used its majority in Parliament to pass a bill on Tuesday, July 25, to extend the retirement age of the DPP from age 60 to 65, with the option of an extension to 70.

The Parliamentary Opposition said its members were unaware of the bill’s contents before the sitting of Parliament. It was only revealed when it was tabled.

The Constitutional Court ruled that the only lawful way of extending the DPP’s tenure is by an agreement between the Government and the Opposition leader.