Leader of the Opposition Mark Golding is calling for an interim director of public prosecutions (DPP) following a ruling by the Constitutional Court today, April 19, which has nullified her tenure.

“A new DPP should be appointed in accordance with the procedures which have been established for that and somebody should be appointed to act as DPP in the interim,” Golding demanded at a press conference called hours after the announcement of the judgment.

“What should happen is the (Public) Services Commission should recommend to the governor general quickly to appoint somebody to act as DPP and it happens frequently if the incoming DPP has to go on leave that should be applied and done quickly,” he added.

This comes after the Constitutional Court ruled that the Government’s amendment of the Constitution to grant a second extension to Director of Public Prosecutions Paula Llewellyn, with the option to remain in office up to the age of 70 years, was unconstitutional.

The Opposition filed a lawsuit against the Government after it 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 Opposition said its members were unaware of the bill’s contents before the sitting of Parliament and were only made aware 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.

“The legal advice that we have received today is that this is a declarative judgment that the Constitutional Court has made and there is no jurisdiction to grant a stay of a declarative judgment. You can appeal it but it stands, it is a declaration of what the law is, unless and until a panel court rules otherwise. So, our position is that the DPP or Ms Llewellyn is no longer the DPP and has, in fact, not been the DPP since her 63rd birthday last year. There is a provision in the Constitution, Section 96 subsection 2, that would validate her acts as DPP between then and now. But now that the ruling has been made, she can no longer hold herself out or perform functions as a DPP and a new DPP should be appointed in accordance with the procedures which are established for that and somebody need to be appointed to act as DPP in the interim,”

Opposition Leader Mark Golding

However, Justice Minister Delroy Chuck says the Government will request a stay of execution and appeal the ruling which effectively removes the DPP from office.

Golding says the Opposition will be ‘vigorously defending’ the decision.

“This is a point of principle, the court has ruled in a way in which we think is correct and that upholds the issue and the concern and the cause that led us to bring this proceeding in the first place. If it is appealed we will be vigorously defending that in the appellate court whether it be in Jamaica or the highest court, unfortunately, because we have still not managed to fully decolonise,” he said.