KINGSTON, Jamaica — The Government, through the Attorney General, has filed an appeal as promised, against the ruling of the Constitutional Court that the extension of tenure granted to Director of Public Prosecutions (DPP) Paula Llewelyn was unconstitutional, null and void.

The April 19 ruling has resulted in Llewelyn stepping aside after 16 years in the position with an interim acting DPP, Claudette Thompson appointed for six months effective April 22.

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According to a statement from the Delroy Chuck-headed Ministry of Justice on Tuesday, the ruling of the Constitutional Court is contradictory.

It highlighted that in 2017, the Government introduced the Pensions (Public Service) Act 2017, initiating a policy shift to extend the retirement age of public officers from 60 to 65.

It said this change was further cemented by the Constitution (Amendment of Sections 96 (1) and 121 (1)) Act 2023, which specifically adjusted the retirement ages for the DPP and the auditor general from 60 to 65.

The statement noted that “On April 19, 2024, the full court delivered a judgment in the case of Phillip Paulwell et al vs the Attorney General of Jamaica. The court upheld the constitutional amendments, confirming the valid extension of the retirement age for these positions to 65 years. However, despite this affirmation, the court ruled that the current DPP Paula Llewellyn could not remain in her position until age 65, creating a significant contradiction within its verdict.”

“In response to this conflicting outcome, the Government, represented by the attorney general, has filed an appeal with the Court of Appeal to resolve this inconsistency. The appeal argues for a harmonisation of the retirement provisions, maintaining the intended retirement benefits for all affected public officers as per sections 2 (2) for the DPP and 3 (2) for the Auditor General, in alignment with Section 95 of the Constitution,” the statement added.

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The statement said the government remains committed to ensuring that statutory and constitutional amendments serve the intended purposes without ambiguity or disadvantage to any public officer.