Golding demands resignation of justice minister, attorney general over DPP crisis

Golding demands resignation of justice minister, attorney general over DPP crisis

Opposition Leader Mark Golding says Attorney General Derrick McKoy and Justice Minister Delroy Chuck should resign for saying Paula Llewellyn remains director of public prosecutions (DPP) despite a ruling of the Constitutional Court on Friday.

He said their statements represent “profound misunderstanding or deliberate obfuscation” of the law and argued that the country is on the edge of a constitutional crisis.

“Their actions have fatally undermined their credibility as holders of those important offices,” Golding said in a statement on Sunday.

Golding also indicated that the attorneys who represented the Opposition lawmakers who brought the matter to court wrote to the Government on Saturday urging compliance with the judgment.

On Friday, the Constitutional Court 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 was due to expire in September 2023.

“Parliament has legislated for the retirement of the DPP in a way that lends itself to the interpretation that it has permitted a second extension for the incumbent,” the judgment said, adding that section 2(2) of the amendment act “cannot be lawfully applied to lead to an extension in office by way of an election on the part of the incumbent.”

Following the ruling, lead attorney for Phillip Paulwell and Peter Bunting, King’s Counsel Michael Hylton, said Llewellyn will have to step down “as of today (Friday)”, barring an appeal.

But in a media release on Friday afternoon, the Attorney General’s Chambers said it did not agree with that interpretation. “The Claimants have interpreted the orders of the Court as having the effect of removing the incumbent DPP from office. No order has been issued to that effect,” it said.

The justice minister also indicated that the Government disagreed with the court. Both Chuck and McKoy said the ruling would be appealed.

In his statement on Sunday, Golding blasted the two office holders and urged them to ensure the Government complies with the court ruling so the nation “avoids the impending constitutional crisis that could arise should there be no acting DPP in place by tomorrow morning”.

“The continuation of Llewellyn in her post beyond her lawful term is not only unconstitutional but also a grave misstep in governance,” Golding said. “If the Government adamantly insists on the former DPP continuing to purport to hold that office, her actions would not be validated by law, which would plunge the country into a deeper crisis.”

And the Opposition Leader has also raised concerns about how a possible appointment may be made to the Office of the DPP.

“The current absence of a Public Service Commission (PSC), whose term was negligently allowed to expire on March 31, 2024 without a new PSC being put in place to ensure seamless public administration, is a significant oversight by the Government that could hinder ongoing public services, including the critical appointment of an acting DPP.”

“We urge the administration to consider the gravity of this situation and act in the best interest of Jamaica’s democratic principles and legal statutes,” he said.

Reports emerged Friday that several cases were adjourned after prosecutors expressed concern about whether a DPP was in place on whose behalf they prosecute.

The Gleaner understands that a series of meetings have been held involving Government lawyers over the weekend. However, there is no indication that the AG’s Chambers will retract its statement.

– Jovan Johnson

https://jamaica-gleaner.com/article/news/20240421/golding-demands-resignation-justice-minister-attorney-general-over-dpp-crisis#google_vignette

Most Jamaicans disagreed with gov’t walk out of Parliament – poll

Most Jamaicans disagreed with gov’t walk out of Parliament – poll

There is apparently not much support for the government’s parliamentary walkout last month.
A recent poll commissioned by the opposition People’s National Party shows that 70 per cent of Jamaicans disagreed with the walk out of Parliament led by Prime Minister Andrew Holness in March.
The poll, which canvassed responses from 1,057 people across the 14 parishes over a nine-day period between April 4 and 12, was conducted by Market Research Services.
The large majority of Jamaicans interviewed expressed the view that the walk out of Parliament to protest the budget speech by Opposition Leader Mark Golding was in poor taste and a lapse in judgment.
The move was prompted by Mr. Golding’s comment that Juliet Holness cannot impartially serve as both Speaker of the House of Representatives and be the Prime Minister’s wife.
He also blasted the government over a number of decisions in what was described as a slap in the face of good governance.
The walkout forced the Opposition Leader to complete his speech on the sidewalks outside Gordon House.
The poll shows that only 10 per cent of respondents supported the government’s decision, and the remaining 20 per cent were uncertain about their position.
Those interviewed were confirmed registered voters.
Only one person per household was interviewed.
The poll has a margin of error of plus or minus three per cent at the 95 per cent confidence level, which is consistent with international best practice among all recognised research entities globally.
Golding Concerned About Mandatory Minimum Sentence For Children Charged With Murder

Golding Concerned About Mandatory Minimum Sentence For Children Charged With Murder

Opposition Leader Mark Golding is questioning the constitutionality of a mandatory minimum sentence for children charged with murder.
A Joint Select Committee of Parliament recommended that a child who has committed murder serve 20 years before being eligible for parole.
Under the Child Care and Protection Act, the age of criminal liability is 12.
Making his contribution in Tuesday’s debate on the amendment to the Child Care and Protection Act, Mr. Golding said the proposed change conflicts with the protection that should be afforded children under the Constitution.
“In my view, these provisions in the new section 78 of the Child Care and Protection Act, as amended by this bill, are arguably incompatible with the right of every child to such measures of protection as are required by virtue of the status of being a minor or as part of the family, society and state, which section 13(3)K of the Constitution guarantees and is therefore arguably unconstitutional,” he contended.
Mr. Golding maintained that the long mandatory sentences for offenders when they are children are excessive and not in keeping with the intent of the Child Care and Protection Act, which he argued was set up to ensure that children are appropriately dealt with when they come into conflict with the law.
“Fifty years is a very, very long time…30 years for non-capital murder for a child offender…. This I think is really inconsistent with the spirit and intent of the Child Care and Protection Act and indeed with the UN Convention on the Rights of the Child,” he argued.
The Opposition Leader urged the Justice Minister to “look again” at the new section 78 that the bill seeks to impose, adding that he is “not aware that there is a sense that persons who commit offences as children are being sentenced in too lenient a way, so I’m really not sure what’s behind this”.
In raising concern about the amendment, the Inter-American Commission on Human Rights stated that the practice of depriving children of their liberty in the juvenile justice system must be used as a last resort, only by way of exception, and for as short a time as possible.
https://radiojamaicanewsonline.com/local/golding-concerned-about-mandatory-minimum-sentence-for-children-charged-with-murder
Acting DPP to be announced in short order

Acting DPP to be announced in short order

An acting Director of Public Prosecutions, DPP, is expected to be announced in short order.

This, as DPP Paula Llewellyn has indicated that she is unable to carry out the functions of her office at this time.

The development follows Friday’s ruling by the Constitutional Court that the second extension of her tenure as DPP, was unconstitutional.

It also follows a call from the opposition People’s National Party, PNP, for Ms Llewellyn to resign from the post.

In a statement on Sunday evening, Attorney General Dr Derrick McCoy said due to the ambiguity and the consequent uncertainty arising from the full court’s judgment in the case brought by Phillip Paulwell and Peter Bunting, Ms Llewelyn advised that she would be stepping aside.

He said in accordance with section 96 (3) of the constitution, the public service commission will be invited to appoint a qualified person to act in the role of director of public prosecutions for the time being.

Meantime, Justice Minister Delroy Chuck has reiterated that the government will be appealing the full court’s decision immediately, to have the issues resolved and determined by the court of appeal.

 

On Sunday evening, the opposition called for the immediate resignation of the attorney general and the justice minister over what it described as their confused response to Friday‘s court ruling regarding the tenure of the DPP.

Opposition Leader Mark Golding said a constitutional crisis would arise if there was no acting DPP in place by Monday morning.

Acting DPP to be announced in short order

Jamaica’s DPP steps down after 16 years following court ruling

Jamaica’s DPP steps down after 16 years following court ruling

BySheri-kae McLeod

Jamaica is set to welcome a new director of public prosecutions (DPP) after 16 years, as an interim director is scheduled to be appointed today. This change comes as Paula Llewelyn, who served as DPP since March 2008 and received extensions to her tenure, has chosen to step aside.

Llewelyn’s decision follows a recent ruling by the Constitutional Court, which declared unconstitutional a second extension granted to her by the Andrew Holness-led Administration. The ruling upheld a constitutional amendment that raised the retirement age for the DPP from 60 to 65 but invalidated the provision allowing Llewellyn to continue in office.

At 63 years old, Llewelyn had already been granted one extension when she turned 60. The Public Service Commission (PSC) is expected to appoint an interim DPP today, its first task after being reconvened on Sunday following the expiration of its tenure on March 31.

The decision for Llewellyn to step aside is due to the ambiguity arising from the court’s ruling, as stated in a news release from the Attorney General’s chambers. The release also confirmed the intention to appeal the Full Court’s decision in accordance with the Constitution.

“Due to the ambiguity and the consequent uncertainty arising from the Full Court’s judgment in Paulwell and Bunting v the Attorney General SU 223 CV 02499, the Director of Public Prosecutions has advised that she is unable to carry out the functions of her office at this time,” the release stated.

The Attorney General’s chambers also reiterated that in accordance with section 96 (3) of the Constitution, the office would be appealing the Full Court’s decision.

The AG had insisted on Friday that the court ruling had no impact on Llewellyn’s status as DPP, signaling that she would have remained in office while the appeal took place. Now the chambers said the PSC will be invited to appoint a qualified person to act in the role of DPP.

It emphasized: “After careful consideration of the judgment and in the public interest, the Attorney General will be appealing the Full Court’s decision immediately, to have the issues resolved and determined by the Court of Appeal.”

Opposition wants additional resignations

On Sunday, Opposition Leader Mark Golding called for the resignations of both the attorney general and Justice Minister Delroy Chuck, over the DPP issue.

Specifically, Golding charged that statements issued by both men on Friday that Llewellyn’s status was not affected by the court ruling brought Jamaica to the edge of a constitutional crisis.

“Their actions have fatally undermined their credibility as holders of those important offices,” Golding said in a statement.

He added: “The continuation of Llewellyn in her post beyond her lawful term is not only unconstitutional but also a grave misstep in governance.

“If the Government adamantly insists on the former DPP continuing to purport to hold that office, her actions would not be validated by law, which would plunge the country into a deeper crisis,” he said.

Jamaica’s DPP steps down after 16 years following court ruling

Interim DPP to be named today

Interim DPP to be named today

Llewellyn steps aside after 16 years following bombshell court ruling

For the first time in 16 years, Jamaica is to have a new director of public prosecutions (DPP) with an interim director to be appointed today.

The development comes as the longstanding DPP, Paula Llewelyn, who was appointed in March 2008 and who had previous extensions to her tenure, reportedly decided to step aside.

Her decision follows last Friday’s bombshell ruling by the Constitutional Court that a second extension granted to her by the Andrew Holness-led Administration, following an amendment to the Jamaican Constitution, was unconstitutional.

The court validated an amendment to the Constitution in July last year, which raised the retirement age for the DPP from 60 to 65 years, determining it to be valid. However, it struck down a provision that allowed Llewellyn to choose to continue in office as “unconstitutional, null and void and of no legal effect”.

The 63-year-old Llewelyn had previously been granted an extension when she turned 60.

The Public Service Commission (PSC) will name the interim DPP today, its first order of business after it was reconvened on Sunday after its tenure had expired on March 31.

https://jamaica.loopnews.com/content/interim-dpp-be-named-today

Opposition Leader charges real estate sector to embrace sustainable building practices

Opposition Leader charges real estate sector to embrace sustainable building practices

ST JAMES, Jamaica-Opposition Leader Mark Golding has charged stakeholders in the real estate sector to embrace sustainable building practices and promote energy efficiency to benefit the environment and reduce long term operating costs for homeowners.

“lt is important that while maintaining an efficient cost structure, the quality and craftsmanship in all aspects of development, from construction materials and techniques to architectural design and finishing touches are also maintained.  This will ensure that you earn the trust and confidence of buyers while securing your investment and buyers’ investments as well,” Golding said.

“Too often we hear homeowners in new developments complaining about the quality of homes which they have spent their hard-earned money on. Additionally, I encourage you to create developments that prioritise accessibility and inclusivity for people of all ages, abilities, and backgrounds,” he added.

Golding’s remarks were read by Senator Janice Allen at the Realtors Association of Jamaica’s International Real Estate Conference and Home Owners Expo held at the Montego Bay Convention Centre last week.

The expo was held under the theme: “Future of Investments in Real Estate: Destination Jamaica”.

Noting that the real estate market in Jamaica is dynamic, posing both opportunities and challenges, Golding argued that “over the past decade, we have witnessed a concerning trend of declining homeownership rates, particularly in urban centres where the cost of housing has skyrocketed, placing the dream of homeownership out of reach for many hardworking individuals and families”.

He said data from the 2022 Voluntary National Review Report of the 2030 Agenda and the SDGs, shows that in 2019 over 100,000 fewer Jamaicans rented or lived in their own home than in 2007. The report also showed that 30 per cent of households were either living rent free with owners’ consent, what Jamaicans would call “kotching”, or they were occupying premises without the legal owner’s consent which represented an increase of over 10 per cent in comparison to the preceding decade.

“Shelter is not merely a commodity; it is a fundamental human right. In the Jamaican historical and socio-economic context, it requires a proactive approach by the State in collaboration with private entities to provide sustainable and affordable housing for our people,” Golding said.

“As we navigate this landscape, we must ensure that the interests of all stakeholders are balanced. We must also remain vigilant to safeguard our environment as well as agricultural lands, preserving the natural bounty that sustains us,” he added.

https://www.jamaicaobserver.com/2024/04/21/opposition-leader-charges-real-estate-sector-embrace-sustainable-building-practices/

Jamaica: Opposition celebrates another constitutional win

Jamaica: Opposition celebrates another constitutional win

(Jamaica Observer) President Mark Golding and members of his People’s National Party (PNP) on Friday celebrated the latest in a series of victories against the Government, following a ruling by the Constitutional Court that an extension last year to the tenure of Director of Public Prosecutions (DPP) Paula Llewellyn was unconstitutional.

Golding, the leader of the Opposition, wasted little time on Friday following the ruling to call a press conference where he celebrated the victories by the PNP against the Government over the unconstitutional nature of specific legislation.

Golding used Friday’s press conference to highlight political points gained by the PNP in its challenging of legislation and actions of the Government on numerous occasions. He said the PNP was doing its duty as guardian of the constitution.

“This [latest] ruling is very, very important. It is ground breaking because it is a bill to amend the constitution that they passed and the basis on which it was challenged was because we felt the way it was seeking to do this had an improper motive, but also was in violation of the constitutional arrangements to do with how a DPP can have her tenure in office extended. The current DPP had received a three-year extension prior to her 60th birthday in accordance with the procedure that the constitution provides and the governor general approved that extension. Her tenure should have ended September last year, which was the end of that three-year period. The Government, for reasons one can only speculate about, sought in July last year to rush through this legislation not only to say that future DPPs and auditor generals would retire at 65 rather than 60, but to apply that to the existing incumbent is where they violated the constitution,” Golding said.

https://www.winnmediaskn.com/jamaica-opposition-celebrates-another-constitutional-win/

Golding threatens legal action over shielded AG’s opinion

Golding threatens legal action over shielded AG’s opinion

Opposition Leader Mark Golding says the parliamentary Opposition may ask the court to compel House Speaker Juliet Holness to release the legal opinion of the attorney general (AG) on how reports sent to Parliament are to be tabled.

Golding has maintained that the Speaker’s position and her directive on how reports should be treated are flawed.

“We are calling once again for the opinion of the Attorney General’s Chambers on this matter, which we’ve been asking for, for months and months, to be released to all parliamentarians so we can see what the Attorney General’s Chambers said about the procedure for tabling reports,” said Golding at a People’s National Party (PNP) press conference on Friday.

The press conference followed a ruling by the Constitutional Court hours earlier that an extension granted last year to Director of Public Prosecutions (DPP) Paula Llewellyn to remain in office was unconstitutional.

Opinion does not belong to Speaker

The Opposition had brought the matter to court.

Golding said the Opposition may take a similar route to have the AG’s opinion released to legislators in the House of Representatives.

“This is a matter which we will be looking at closely as to whether we’re going to have to take this matter to court for a ruling as well … .

“That opinion is not an opinion belonging to the Speaker. The Speaker acts on behalf of Parliament in seeking the legal advice of the attorney general on a matter that affects all members of parliament and indeed all parliamentarians, including the Senate,” the opposition leader said.

Last November, Holness ruled that reports by the auditor general on public bodies had to wait for two months before being tabled to allow relevant ministers time to comment on them, in accordance with the Financial Administration and Audit Act and the Public Bodies Management and Accountability Act.

Similarly, at that time, Holness announced that she would end the practice of tabling all Integrity Commission (IC) reports upon submission.

She implemented a new rule, which mandates that special and annual reports of the IC will go to its oversight committee for deliberations first and then tabled later on with the committee’s own report.

Investigation reports from the IC would be tabled “as soon as possible” and then sent to the IC Oversight Committee.

Golding said the AG’s opinion should be shared with all parliamentarians so they can see what the principal legal adviser to the Government has said on the matter.

The AG’s Chambers recently denied an access to information request made by The Gleaner, stating that the document is exempt from disclosure on the grounds of legal professional privilege.

It said only Holness could waive that privilege.

At the same time, Golding said there are other issues “of grave concern”, including the matter of the political ombudsman and the way in which “that has been conflated into the Electoral Commission of Jamaica”.

A flawed approach

Golding said this move, which makes the commissioners, collectively, the political ombudsman by the Government is a flawed approach.

“We objected to it when the legislation was brought to Parliament and it was rushed through again with indecent haste and, of course, it has not worked. Local government elections have come and gone and they were unable to effectively play any role in dealing with the kind of issues the political ombudsman is established to deal with,” said Golding.

He said these are issues which are “highly contentious” and ought not to be brought under the commission, a body established to ensure consensus between the country’s main political parties on electoral matters.

Further, Golding said this is to reduce tension and ensure that Jamaica’s democracy functions in a way that is in keeping with good governance, law and order and ensure a peaceful society.

He said this is another issue on which the Opposition feels that the Government has gone down “a very wrong path”.

“But they are stubborn and headstrong and it is only when we take them to court and win there that they have to reconsider, wheel and come again, as was done with NIDS (National Identification System) and will have to be done with the DPP,” said Golding.

kimone.francis@gleanerjm.com

https://jamaica-gleaner.com/article/lead-stories/20240420/golding-threatens-legal-action-over-shielded-ags-opinion

 

Gov’t to appeal after court rules DPP’s second tenure extension unlawful 5:53 pm, Fri April 19, 2024

Gov’t to appeal after court rules DPP’s second tenure extension unlawful 5:53 pm, Fri April 19, 2024

There is uncertainty about the future of Paula Llewellyn as the country’s chief prosecutor following a ruling by the Constitutional Court on Friday.
The government suffered a major blow when the court ruled that an amendment to the Constitution passed by the Parliament in July last year, granting a second extension of Ms. Llewellyn’s tenure as Director of Public Prosecutions, was illegal and unconstitutional.
The government had insisted that the amendments, which facilitated an increase in the retirement age of the DPP from 60 to 65, were not in breach of the Constitution.
Justice Minister Delroy Chuck on Friday declared that the government will be appealing the ruling.
“The government…takes note that the application of the Director of Public Prosecutions to extend her tenure, provided under the act, to age 65, has been ruled unlawful. The government of Jamaica does not agree with this part of the ruling of the Constitutional Court and will instruct its attorneys to ask for a stay of execution and immediately appeal the ruling,” he announced.
In an interview with Beyond the Headlines host Dionne Jackson Miller, Mr. Chuck argued that the government has a solid case to present to the Appeal Court based on the findings by the Constitutional Court.
“So, Section 1, having been ruled constitutional, then the DPP can continue to age 65 because she’s the DPP. So, my view is that the court and ruling that subsection 2 is unlawful, with due respect is neither here nor there. It did not empower the DPP to go to age 65. It only allows the DPP to get the full pension benefit in the event that she retires before age 65,” the Justice Minister contended.
There is no word yet whether Ms. Llewellyn will continue as the island’s chief prosecutor, despite the government’s notice to appeal.
There have been calls for her to step aside following Friday’s ruling.
‘DPP must stand down’
Opposition Leader Mark Golding on Friday insisted that Ms. Llewelyn should demit office in light of the court’s decision.
“It’s highly undesirable that somebody should hold office as DPP in this country knowing that his or her tenure is a matter of grave concern to the opposition of the country. It is not a good thing for the office of the DPP to be in any way politically contentious. And I think that in light of today’s ruling, Ms. Llewellyn ought to stand down and should not seek to make an effort to continue to hold that office,” the Opposition Leader said at a press conference at the People’s National Party’s headquarters on Old Hope Road.
Mr. Golding urged the government to act swiftly in selecting a new DPP, while adhering to appointment guidelines.
“The Services Commission should recommend to the Governor General quickly to appoint somebody to act as the DPP. And that’s quite normal, it happens frequently when an incumbent DPP has to go and leave or whatever – that should be applied and done quickly,” he suggested.
Gov’t too headstrong
Mr. Golding said the government has been headstrong in its approach to governance, but Friday’s ruling indicates that the judiciary can be used effectively to hold the executive to account.
He added that the opposition will continue to seek judicial review on all other decisions that it believes contravene the Constitution and its role as a buffer against government overreach.
Among those issues, he said, is the matter of the tabling of Auditor General’s reports.
“We are calling once again for the opinion of the Attorney General’s chambers, which we’ve been asking for for months and months, to be released to all parliamentarians so we can see what the Attorney General’s chambers said about the procedure for tabling reports,” he said, indicating that the opposition was considering taking the matter to court for a ruling.
https://radiojamaicanewsonline.com/local/govt-to-appeal-after-court-rules-dpps-second-tenure-extension-unlawful