The constitutional court has ruled that the second extension of Director of Public Prosecutions Paula Llewellyn’s tenure in office is unconstitutional.

The ruling was handed down Friday morning at the Supreme Court in downtown Kingston.

Government last year controversially amended the constitution to increase the age at which the DPP should proceed on retirement from 60 to 65.

The Opposition People’s National Party (PNP) in a lawsuit challenged the extension, which had followed a previous three-year extension in 2020 when Llewellyn turned 60.

In the lawsuit filed in the Supreme Court, the claimants, Member of Parliament Phillip Paulwell and Senator Peter Bunting, sought a declaration that Llewellyn should not have been allowed to remain in office beyond September 2023 when the 2020 extension ended.

The ruling therefore means that the DPP has to demit office with immediate effect.

King’s Counsel Michael Hylton, the representative for the claimants, said they are pleased with the ruling.

“The case is not about Ms Llewellyn, it’s not about how she did her duties, it’s not even really about the extension. The case is about the rule of law, about establishing a principle that the same laws apply to everybody, and that the constitution needs to be respected,” Hylton told journalists.

Meanwhile, Paulwell said if the Government had respected the Opposition, “we wouldn’t have this unfortunate situation where a public servant is being embarrassed.”

“This matter could have been dealt with by a conversation between the prime minister and the leader of Opposition which is what the constitution requires,” he said. “I believe the judgment was a good one.”