The Court of Appeal has overturned a Constitutional Court’s decision, clearing the way for Paula Llewellyn to resume duties as Director of Public Prosecutions (DPP). Llewellyn, long-considered to be a nemesis of dancehall superstar Vybz Kartel because of her acrimonious history with him could return to her job as DPP as early as next week.
“Vybz Kartel should have no problem with the DPP because he was never convicted of a crime. He is a businessman and an upstanding citizen of the country,” one source told one876entertainment.com
The court ruled in favour of the Government on Friday, stating that the lower court was wrong to rule that one of the constitutional changes rushed through Parliament last year regarding retirement ages did not apply to Llewellyn.
Llewellyn is entitled to benefit from an increase in the retirement age, said Justice Jennifer Straw in handing down the highly-anticipated decision.
In April, the Constitutional Court ruled that the amendment in the Constitution in July last year to raise the age of retirement for the DPP and the Auditor General from 60 to 65 was valid.
That aspect was called Section 2(1).
However, the court struck down Section 2(2) of the amendment, which it said gave Llewellyn the power to elect to remain on the job. It declared the provision “unconstitutional”.
The appeal court agreed with the lower court that the law was not passed for an “improper purpose” and that it was a valid amendment of the Constitution.
But the court said Justices Sonya Wint-Blair, Simone Wolfe-Reece, and Justice Tricia Hutchinson Shelly “fell into error” in ruling that Section 2 (2) did not apply to Llewellyn because it allegedly gave her powers she did not have, that she had already benefited from an extension and that the approach to changing the law violated the consultation process between the prime minister and the opposition leader.