JFJ recommends appointment of a new DPP through a transparent process
KINGSTON, Jamaica – Jamaicans for Justice (JFJ) is expressing “deep concern” at the unfolding controversy engulfing the Office of the Director of Public Prosecutions (ODPP).
In a statement Sunday, JFJ recommended the appointment of a new Director of Public Prosecutions (DPP) through a “transparent process” to head what it noted is the highest office of the prosecutorial functions of the state.
Last week, despite objections from Opposition Members of Parliament and senators, the Government used its superior numbers in the Parliament to amend the constitution to increase the retirement age of the DPP and the auditor general (AuG) from 60-65 years.
DPP Paula Llewellyn could remain in office until she is 70 since the Governor General can extend the tenure of the office holder under special circumstances.
READ: DPP can now serve up to age 70
“We contend that the unnecessary controversy was stirred due to the government’s undemocratic approach towards the amendment process regarding the age of retirement,” the JFJ said.
“We note that in an unprecedented move, the government both tabled and passed a constitutional amendment bill in a matter of hours. The amendments see the retirement age of both the Auditor General and the Director of Public Prosecutions increasing from 60 to 65 years,” JFJ added.
The organisation said with the current auditor general not being close to retirement age, the immediate beneficiary will be the incumbent DPP who already benefited from a three-year extension set to expire in September.
“Although we recognise the significance of streamlining the age of retirement, we posit that a de facto second extension of the DPP’s term without consultation with the leader of the opposition runs contrary to the tenets of good governance and the spirit of the supreme law.
“While the country is governed by a parliamentary governance structure, the government ought not to be using simple majority to subvert the role of the legislature on critical constitutional matters. This is an abuse of power,” the JFJ declared.
“We further posit that whilst the DPP has never demonstrated partisanship, one must be mindful of how the unfolding imbroglio has casted a shadow on the office. Accordingly, JFJ’s concern lies in the likely public perception that the ODPP’s independence and impartiality are now possibly compromised,” JFJ further added.
The statement read that the ODPP plays a critical role in ensuring that justice is served and that the rule of law is upheld. As such, it said such a constitutionally independent office cannot be shrouded in unnecessary controversy.
From a public interest standpoint and to maintain public trust, JFJ is “firmly advocating for the appointment of a new Director of Public Prosecutions through a transparent and merit-based process.”
“Should the government not accede to the advice of other groups where the increased retirement age is not applicable to the current office holder, JFJ then urges the incumbent DPP not to seek a second extension.
“Having served almost 15 years as the first female office holder, an untarnished bowing out would not only leave the incumbent’s track record of service intact but would also protect the integrity of the office,” it said.