Chuck not fazed by PNP court threat
MINISTER of Justice Delroy Chuck has scoffed at the threat from the Opposition People’s National Party (PNP) to head to court to challenge the Government’s decision to increase the retirement age of the director of public prosecution (DPP) and the auditor general.
“If they want to go to court then let them go. If sensible lawyers want to act stupidly, let them proceed,” Chuck told the Jamaica Observer following the weekly post-Cabinet media briefing at Jamaica House on Wednesday.
Chuck had earlier used the media briefing to chide the PNP for what he described as unfair criticisms aimed at DPP Paula Llewellyn.
“The director of public prosecution, during her tenure has exercised professionalism, integrity, and commitment to her work, and I find it most unfortunate that any imputation…should be directed at her. And I think the Leader of the Opposition [Mark Golding], by making and speculating by his comments, has shown his leadership to be questionable and his judgement to be extremely poor,” said Chuck.
“She has never shown, in any of her rulings, that she has been partisan, political, influenced by any outside forces — and to hear these imputations against her office is quite unfortunate,” added Chuck.
He urged Golding to stop the speculation as to why the legislation was amended after it was taken to the House of Representatives on Tuesday, debated, and passed with 39 votes for and eight against.
“I am very, very disappointed that the Opposition and others should impute any motive why this amendment was done so quickly.
“It has been on the cards from 2016-2017. And regrettably, for the Leader of the Opposition in Parliament to impute that there are six parliamentarians who are being questioned from reports of the Integrity Commission (IC) and [that] the director of public prosecution can overrule what the director of corruption prosecution in the IC can do, is so unfair and unbecoming,” said Chuck.
He noted that the amendments raise the age of retirement to 65 years and allow the governor general, in appropriate cases, to permit an extension of up to 70 years.
The justice minister further argued that, based on the Constitution, there was no need to consult with the Opposition or seek its support for the change.
He pointed to his statement made in Parliament on Tuesday in which he noted that in 2017, when the Government passed the Pensions (Public Service) Act, 2017, it was noted that there was a need to align the auditor general and the DPP with the change.
Chuck further highlighted that while the change will impact the two senior civil servants, the Opposition has narrowed its concerns to the DPP.
He underscored that despite the amendment the DPP can opt to retire at any time, but he would be very disappointed if she did not take the opportunity to extend her tenure.
“Why do I say so? …I have found her to be a person of integrity, professionalism, and [she] definitely has lifted the role of prosecution in this country.
“I would be very happy if she continues because she has demonstrated that she is a professional; she is open and transparent; she responds to any questions about her rulings; she gives good, authoritative reasons for her rulings, and I’m quite proud of the work she is doing,” said Chuck.
Golding, in Parliament on Tuesday, said he strongly objected to the constitutional amendment, which was brought to the House without prior notice, without any consultation concerning provisions to do with the appointment or extension of tenure of the DPP and the auditor general.
Golding argued that this was “bad governance” and was disrespectful to the Opposition and the Constitutional Reform Committee.
He said that the Opposition will be taking legal advice on the matter to see whether or not it can challenge the amendment in court based on the procedure being followed and the overall surrounding circumstances that have led the Government to proceed in this way.