Golding demands the resignation of Minister of Justice and Attorney General due to DPP crisis | News

Opposition Leader Mark Golding says Attorney General Derrick McKoy and Justice Minister Delroy Chuck should resign as they say Paula Llewellyn will remain Director of Public Prosecutions (DPP) despite a Constitutional Court ruling on Friday.

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

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

Golding also indicated that lawyers representing opposition lawmakers who took the case to court had written to the government on Saturday urging compliance with the verdict.

On Friday, the Constitutional Court ruled that a constitutional amendment last July raising the DPP’s retirement age from 60 to 65 was valid, but struck down a provision allowing Llewellyn to continue as “unconstitutional, null and void” . without legal effect”.

The change was made about two months before Llewellyn’s initial three-year extension was set to expire in September 2023.

“Parliament has legislated for the retirement of the DPP in a manner that lends itself to the interpretation that it has granted a second extension for the incumbent President,” the judgment said, adding that section 2(2) of the Amendment Act “cannot be legal”. applied to lead to an extension of office through elections on the side of the incumbent president.”

After the ruling, Phillip Paulwell and Peter Bunting’s lead lawyer, King’s Counsel Michael Hylton, said Llewellyn will have to resign “from today (Friday)”, barring an appeal.

But on Friday afternoon, the Attorney General’s Chambers said in a press release that they disagreed with that interpretation. “The Claimants have interpreted the Court’s orders as having the effect of removing the incumbent DPP from office. No order has been issued to this effect,” the report said.

The Minister of Justice also indicated that the government did not agree with the court. Both Chuck and McKoy said the ruling would be appealed.

In his statement on Sunday, Golding denounced the two office holders and urged them to ensure that the government complies with the court’s ruling so that the nation “avoids the looming constitutional crisis that could arise if no action is taken tomorrow morning.” DPP would be”.

“The continuation of Llewellyn in her position beyond her lawful term of office is not only unconstitutional, but also a serious administrative error,” Golding said. “If the government adamantly insists that the former DPP continues to claim to hold that office, her actions would not be sanctioned by law, which would plunge the country into a deeper crisis.”

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

“The current absence of a Public Service Commission (PSC), whose term of office expired due to negligence on March 31, 2024 without a new PSC being established to ensure seamless public administration, is a major oversight by the government that could hinder ongoing work. public services, including the crucial appointment of an acting DPP.”

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

Reports emerged on Friday that several cases were being postponed after prosecutors raised concerns about whether there was a DPP on whose behalf they were prosecuting.

The Shiner understands that a series of meetings involving government lawyers took place this weekend. However, there are no indications that the AG’s Chambers will withdraw their statement.

– Jovan Johnson

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