GwGAdmin 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
