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Attorney-at-law Bert Samuels
"Victory for the constitution and for justice"
Attorney at Law Bert Samuels has welcomed the Constitutional Court's ruling on the tenure of Director of Public Prosecutions Paula Llewellyn, describing it as a victory for the constitution and for justice.
The court ruled that a second extension of Miss Llewellyn's tenure is unconstitutional.
The ruling was handed down Friday morning by the Full Court in downtown Kingston.
The Constitution (Amendment of Sections 96(1) and 121(1)) Act, which facilitated the retirement age extension, was passed in Parliament last year.
The Constitutional Court ruled Friday that Section 2(1) of the Act that increased the retirement age of any DPP or Auditor General to 65 years old is constitutional.
But it said Section 2(2) of the Act is unconstitutional, null, void and of no legal effect.
Mr Samuels, reacting to the judgment, said the move by the government last year to extend Miss Llewellyn's tenure "vulgar", that being the second extension she was being granted, despite the fact that the Parliamentary Opposition was not in favour of it.
"I think it is time that she (Llewellyn) should bow out gracefully" and hang on to the office any further.
Furthermore, he said, "because of the need for independence of the occupier of the huge position of Director of Public Constitution... nothing should be done, that the public thinks that she's been given a favour by the government..."
That has to be a critical consideration, he said, "because there are times when she has to make rulings, involving that very government."
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