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News
Llewellyn: We will not be intimidated
BY PATRICK FOSTER Sunday Observer writer fosterp@jamaicaobserver.com
Sunday, June 19, 2011
DIRECTOR of Public Prosecutions (DPP) Paula Llewellyn has made it clear that her office is undaunted by external pressure and widespread misconceptions about its work, and her team will not be swayed from carrying out the legitimate duties of the office by critics.
"Whether it is from the media, from politicians or from the public, I and my officers will not be intimidated by anyone," a resolute Llewellyn declared Friday during a session of the Observer Press Club at the newspaper's Beechwood Avenue headquarters in Kingston.
"I make myself available, but I am not going to allow myself to be intimidated," she insisted, flashing her disarming trademark smile.
Steering clear of direct reference to well-publicised differences between herself and Contractor General Greg Christie, as well as with Independent Commission of Investigations (INDECOM) boss Terrence Williams, Llewellyn said there was "evidence of a misperception from one or two other entities" regarding the purpose of her office.
"I never engage in the bashing of fellow public servants," Llewellyn declared, however, adding that she had good working relations with the contractor general.
Late last year, Christie, in a report to Parliament, charged that the DPP failed to act quickly enough, or at all, on the recommendations made by his office, sparking a public tit-for-tat between the OCG and the DPP.
More recently, Williams, head of the newly formed INDECOM, warned that he would not await the guidance of the DPP if that office failed to make its rulings in a timely manner in the arrest of police corporal Malica Reid in relation to the fatal shooting of Negril businessman Federick 'Mickey' Hill.
Llewellyn, Friday, argued that the Office of the DPP had just over 100 years of combined prosecutorial experience and, as such, was in the best position to make legal judgement.
"So, whether the prime minister, the leader of the opposition or the contractor general believe that the material that they have in their hands is of a criminal nature, that cannot influence the exercise of our discretion," said a defiant Llewellyn.
She added that the Jamaican Constitution "expressly guarantees that the DPP shall not be subject to the direction or control of any other person or authority".
"The fact that the contractor general or any other person in Jamaica believes that a matter is criminal is really irrelevant to our considerations," Llewellyn insisted.
Speaking on the DPP's role, she said that the function of the office was outlined in section 94 of the Constitution.
"It is basically to institute and undertake criminal proceeding against any person for any court other than a court-martial in respect of any offence against the law of Jamaica."
Llewellyn further emphasised that the Office of the DPP was not an investigative unit, contrary to the notion held in many sections of society.
"We have a lot of functions where we have to interface with at least up to 20 (investigative) entities, starting with the police," she said.
"We give guidance and support to entities such as the Office of the Contractor General, the Revenue Protection Department, pesticides control... so many agencies.
"They will call upon us to give seminars to indicate what is needed in respect of prosecution, but we are not an investigative agency," the fiery DPP reiterated.
According to Llewellyn, the DPP conducts independent analysis of the material presented to the office for action.
"What really happens is that material is referred to us for our consideration. We have to use an objective set of criteria that is guided and informed only by the criminal law and procedure," she explained.
"We have to prove the case beyond a reasonable doubt, we can't use speculation, we can't use politics, we can't use sympathy, we can't use empathy, we can't use whim and fancy [and] we can't use expedience," declared Llewellyn.
She also knocked the media fraternity saying that in order to beat the competition the truth is often sacrificed.
"What happens is the media often unwittingly sacrifices accuracy on the altar of expediency," Llewellyn remarked.
"What can be a sound byte for you (media) can be a death sentence for someone else," she warned.
 
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6/19/2011
100 years experience in making legal judgments? That's enough experience to start making some legal judgements so you dont have to feel intimidated when we the public complain about no seeing any results.
6/19/2011
It seems to me that the OCG should have prosecutorial authority; enableing the OCG to bring the cases to court and their logical conclusions.
The office of the DPP has enough to do without the additional burden of the OCG cases.
6/19/2011
The office of the DPP is not fulfilling its mandate, too much posturing from PL. Case takes too long to be brought before the court and when before the courts, too many delays.
We need satellite offices in each country and two very senior DPP to staff them so not everything has to come to Kgn. This system is not working and needs to be fixed as mentioned above.
6/19/2011
Nothing gets done in this country. everyone does his own thing. People in high offices just go to work to collect a check and brag about the fancy title/position they occupy in Jamaican's society. Whole bunch of educated fools who are technically inept at their jobs. No wonder we are at the bottom of every statistical data that is important for economical and social growth. Just look how Jamaica's ranking echelons operate!
6/19/2011
Failure to develope a coherent strategry and an effective plan in presenting cases in court with evidence in a timely manner just adds to the problems. There is nothing written anywhere on paper that suggested you were a Judge. So, how is it that the DPP is spending and wasting her time telling, or advising Judges how to run their Court Rooms ?. Your job is to present legally sufficient evidence and reasonably cause to believe to the COURTS that alleged crimes ocurred. You are not a Judge !
6/19/2011
Ultimately who benefits when justice is denied?? So if a system and people are in position to deny that justice whose side is the administrators of Justice on?Is killing and looting what our govts are about??
6/19/2011
Some will try and distract us - instead of fighting a cause we fight amongst ourselves - the DPP is but a pawn/puppet in the grand scheme of things,ultimately the pm sets the direction so his is the office that should receive the condemnation. This editor for real or perceived is working on the behalf of the govt. to divert attention from the source of our discontent,in the process putting in the bin investigative pieces which depicts it's favored one in a negative light,corruption of media??
6/19/2011
Something is wrong with the OCG statute that is needed to be corrected immediately. There are too many layers of investigation. Why should the police and for that matter the DPP again investigate what the OCG already investigated? The powers of arrest should not only be in the hands of the police. The OCG must be given the powers of arrest. I hope Mr. Ellington is not joining in the turf war.
6/19/2011
I don't think it is the office that anyone has a difficulty with. It is the holder of the office who many see as a Page 3 aficionada instead of a real nose to the grindstone worker.
It is unfortunate and much to my chagrin that I have to be speaking that way about a sister, but the previous holders of the office (all men) didn't seem to bring so much controversy to the office.
Perhaps if we saw less of her on the social pages and on T.V. we might get a sense that she is serious about her work
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