UNDER-pressure Director of Public Prosecutions (DPP) Paula Llewellyn received a morale boost on Monday when a panel of the Full Court ruled that the 2020 extension of her tenure was legal.

Convicted killer Mervin Cameron had gone to the Constitutional Court seeking a declaration that the three-year extension granted to Llewellyn in September 2020 was not properly gazetted, came after her birthday, and made her office vacant.

Cameron, through his attorney Hugh Wildman, had sought a declaration from the court that the extension was, “illegal, null and void, and of no effect”.

He had also urged the court to block the Government from extending the appointment of the DPP for a second time. But in its ruling on Monday the Full Court said the matter of a second extension for the DPP was not before it as it dismissed other aspects of the lawsuit.

In a judgment delivered by Senior Puisne Judge Justice Lorna Shelly-Williams, the Full Court ruled that three of the declarations sought by the lawyers representing Cameron could not be granted.

“The premise behind those declarations was that the extension granted to the DPP had not been gazetted. The extraordinary gazette that contained the extension granted to the DPP was attached as an exhibit to the affidavit submitted by [the attorney representing the attorney general].

“I find that the agreement to extend the tenure of the DPP was arrived at prior to her achieving the age of 60, and of such there was no breach of Section 96(1)(b) of the constitution,” said Shelly-Williams as she pointed out that fellow members of the Full Court who heard the matter — Justice Andrea Pettigrew-Collins and Justice Simone Wolfe-Reece — agreed with her.

“So the orders in relation to this matter are that declarations being sought…are all denied and there is no order as to cost,” added Shelly-Williams.

In 2020 the Administration of Prime Minister Andrew Holness, following consultation with then Opposition Leader Dr Peter Phillips, accepted a request from Llewellyn for her tenure to be extended beyond her 60th birthday, after she had served in the role for 12 years.

At that time Holness argued that the three-year extension of Llewellyn’s tenure would give her office enough time to prepare for transition and management. The extension was opposed by Phillips.

Since last Tuesday the tenure of Llewellyn as the DPP has emerged as a hot button issue after Minister of Justice Delroy Chuck tabled The Constitution (Amendment of Sections 96(1) and 121(1)) Bill, which moved the retirement age of the DPP and the auditor general from 60 to 65.

The amendment was passed in the Lower House of Parliament on Tuesday, and given the nod in the Upper House without amendment on Friday.

But the Opposition People’s National Party (PNP) has warned that it is prepared to go to court to challenge the decision as it is adamant that Llewellyn should not get an extension.

Senior Deputy Director of Public Prosecutions Kathy-Ann Pyke, in an 11-page letter submitted to Holness and others, levelled damning allegations against Llewellyn’s stewardship and urged that authorities not grant her a second extension.

Responding to the letter, Llewellyn defended her tenure as she argued that her office is highly respected and regarded by international partners.

According to Llewellyn, Pyke has always been bitterly resentful, extremely upset, and expressed feelings of hurt and disrespect to members of staff because she has not been placed to head a unit.

Since then, the Jamaican Bar Association has questioned the validity of the amendments to the constitution and has urged the Government not to apply the amendment to Llewellyn.

Human rights lobby group Jamaicans for Justice has also called on the Government to appoint a new DPP as it contended that, “The unnecessary controversy was stirred due to the Government’s undemocratic approach towards the amendment process regarding the age of retirement.”