Legal submissions begin in appeal over DPP retirement age ruling

Legal submissions began in the Appeal Court today in relation to the Constitutional Court’s ruling on the retirement age of the Director of Public Prosecutions (DPP).

The Attorney General is seeking to overturn the Constitutional Court’s decision which resulted in King’s Counsel Paula Llewellyn stepping aside as DPP.

King’s Counsel Allan Wood, who is representing the Attorney General argued today that there was no constitutional infringement when the constitution was amended last year by a majority decision in parliament to extend the retirement age of the Auditor General and the DPP from  60 to 65.

The Attorney General is seeking clarification from the Appeal Court in relation to issues raised since the Constitutional Court handed down its ruling in April.

The court had struck down an amendment which gave Ms. Llewellyn the power to elect to remain on the job until age 65.

The Constitutional Court ruled that such an amendment was unlawful.

People’s National Party members Phillip Paulwell and Peter Bunting had challenged the amendment to the constitution.

Their attorneys said the Constitutional Court’s ruling meant that Ms. Llewellyn should leave office immediately.

Minister of Justice Delroy Chuck and Attorney General Derrick McKoy disagreed saying the court made no such order.

Ms. Llewellyn stepped aside from her post shortly after the ruling.

An acting DPP was appointed.

Ms. Llewellyn who reached the retirement age of 60 in September 2020 was given a three-year extension on the job.

Justices Jennifer Straw, Vivienne Harris and Kissock Laing will continue to hear legal submissions in the matter tomorrow.


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