Gov’t to appeal ruling regarding extension of DPP’s tenure

The Government will request a stay of execution, as it sets out to appeal this morning’s Constitutional Court ruling regarding Paula Llewellyn’s tenure as Director of Public Prosecution (DPP).

The Court ruled that Llewellyn’s second extension in office is unconstitutional.

Last year, People’s National Party members Phillip Paulwell and Peter Bunting filed a lawsuit challenging amendments to the legislation which extends the retirement ages of the Auditor General and the DPP from 60 to 65 years, with a possible extension to 70 years.

Paulwell and Bunting contended that the extension was enacted for an improper purpose and was therefore inconsistent with the Constitution.

In handing down its ruling, the Court explained that while the amendment to increase the DPP’s age of retirement is valid, the new provision introduced in section 2 (2), which gives the DPP the right to elect to remain in office is invalid.

Reacting to the ruling, Justice Minister Delroy Chuck explained that the Government disagrees with the Court’s decision to declare section 2 (2) of the legislation null and void.


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