KINGSTON, Jamaica, CMC – The Court of Appeal on Friday ruled that the Constitutional Court erred in April when it struck down the second bar of the 2023 constitutional amendment extending the tenure of Paula Llewellyn as director of public prosecutions (DPP).
In April, the government filed its appeal challenging the ruling by the Constitutional Court, which struck down aspects of the controversial constitutional amendments, extending Llewellyn’s tenure as DPP.
The Constitutional Court had ruled that an amendment to the Constitution last July raising the retirement age of the DPP from 60 to 65 years was valid but struck down a provision that allowed Llewellyn to choose to continue as “unconstitutional, null and void and of no legal effect.”
The amendment was made about two months before Llewellyn’s initial three-year extension, which was due to expire in September 2023.
However, the Court of Appeal, in its ruling, said the constitutional amendment was not improper, adding that the Full Court erred when it struck down the provision allowing Llewellyn to continue.
Senior Deputy Director of Public Prosecutions Claudette Thompson has been acting as the country’s top prosecutor since April 22, when Llewellyn stepped away to await the ruling from the Constitutional Court, followed by the Court of Appeal.
In response, Justice Minister Delroy Chuck said the government is delighted with the Court of Appeal’s decision to overturn the Constitutional Court’s ruling.
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