Paula Llewellyn Steps Aside, Services Commission to Appoint Acting DPP

An acting director of public prosecutions (DPP) will be appointed after the Attorney General’s Chambers announced the decision 48 hours after stating that a Constitutional Court ruling on Friday had no impact on Paula Llewellyn’s status in office. This move aims to avoid a potential constitutional crisis where decisions made by Llewellyn since the April 19 ruling could be deemed invalid.

The Constitutional Court ruled that an amendment to the Constitution raising the retirement age of the DPP from 60 to 65 years was valid but declared a provision allowing 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.

Following the ruling, lead attorney for Phillip Paulwell and Peter Bunting, King’s Counsel Michael Hylton, said Llewellyn will have to step down immediately, barring an appeal. However, the Attorney General’s Chambers initially disagreed with the view that Llewellyn’s tenure ended last September.

The Government is now facing the challenge of installing a new Public Service Commission (PSC) since the previous commission’s term expired on March 31. Prime Minister Andrew Holness held talks with the opposition leader on the composition of the commission.

Opposition Leader Golding criticized the Government and urged them to ensure compliance with the court ruling to avoid a constitutional crisis. He also raised concerns about the absence of a PSC, calling it a significant oversight that could hinder ongoing public services, including the crucial appointment of an acting DPP.