Landmark ruling paves way for Paula Llewellyn’s return as DPP

The Court of Appeal has declared that the 2023 constitutional amendment which increased the retirement age of a Director of Public Prosecutions (DPP) from 60 to 65, applies to Paula Llewellyn.

"... For the avoidance of doubt, it is declared that Section 2(1) applies to the incumbent DPP," ruled the Appeal Court on Friday.  

The decision favours the Government, who had long argued that the lower court erred in its decision regarding Llewellyn's entitlement to benefit from an increase in the retirement age.

The Constitutional Court had ruled in April of this year that while the amendment to the Constitution, raising the retirement age for the DPP and the Auditor General from 60 to 65, was valid, Section 2(2) of the amendment, which gave Llewellyn the power to elect to remain on the job, was "unconstitutional". 

However, in a summary of its decision, the Appeal Court disagreed, stating that the lower court's test to arrive at such a conclusion was both "problematic" and "appeared to be a misunderstanding of the law".

According to Justice Jennifer Straw, one of the three Appeal Court judges, "It is our conclusion that the Full Court (Constitutional Court) fell into error in the interpretation of the effect of Section 2(2).

She elaborated that, "Section 2(2) is a transitional provision concerning the incumbent DPP, and the words 'elect to retire' should be construed to mean to elect to apply for early retirement, that is, before attaining the new retirement age of 65 years.

"Upon promulgation of the amending Act, the incumbent DPP automatically benefitted from the increased retirement age by virtue of Section 2(1). Section 2(2) did not add to that benefit and is, therefore, not unconstitutional or inconsistent with Section 2(1)," Straw further explained.

The ruling is a significant victory for the Government, which had appealed the Constitutional Court's decision immediately after its ruling.

The Opposition People's National Party (PNP) had challenged the constitutional amendment, arguing that it was done to keep Llewellyn in office. 

However, the Appeal Court on Friday disagreed, stating that the law was not passed for an "improper purpose" and that it was a valid amendment of the Constitution.

Llewellyn had stepped away from her duties as DPP following the Constitutional Court's ruling in April due to ambiguities in the initial ruling.

Consequently, Senior Deputy DPP Claudette Thompson was appointed to act in the post.