Human rights lobby Jamaicans for Justice has added its voice to the growing expressions of concern around the controversy surrounding the retirement age of the director of public prosecutions (DPP), which the group is contending stemmed from the Government’s “undemocratic approach” to amending the Constitution last week.
“Although we recognise the significance of streamlining the age of retirement, we posit that a de facto second extension of the DPP’s term without consultation with the leader of the Opposition runs contrary to the tenets of good governance and the spirit of the supreme law,” JFJ said in a media release yesterday.
“Should the Government not accede to the advice of other groups where the increased retirement age is not applicable to the current office holder, JFJ then urges the incumbent DPP not to seek a second extension. Having served almost 15 years as the first female holder, an untarnished bowing out would not only leave the incumbent’s track record of service intact, but would also protect the integrity of the office.
In its release, JFJ said it had also taken note of what it called the “troubling exchange” between DPP Paula LLewellyn and a senior deputy director, Kathy-Ann Pyke.
“It is in the interest of justice, the public and good administration that questions and concerns of Ms Pyke be independently assessed and determined. One cannot ignore the possibility that some concerns may very well be shared by other present and former prosecutors,” JFJ argued.
Independent committee
JFJ said it was therefore calling for the Public Services Commission to appoint an independent committee to review the operation of the ODPP and possible concerns of the staff. It said this should be done in similar vein to the Muirhead Committee of 2002, which investigated the public controversy between former DPP Kent Pantry and senior prosecutors, including Llewellyn.
“From JFJ’s perspective, if Ms Pyke’s concerns are even half true, the DPP’s tenure in office is untenable, and certainly in the immediate, requires high-level intermediaries to mediate and address the concerns. If Ms Llewellyn’s concerns regarding Ms Pyke are also even half true, Ms Llewellyn should demit office. She would, despite prior warnings, have unjustly subjected her staff, the ODPP, the court, and the public to abuse from an eccentric person. She would have, seemingly, taken no satisfactory steps to bring this ‘eccentric’ person to account despite ‘multiple’ reports from staff, defence, and court. Her own words disqualify her from continuing in the post as DPP,” the organisation said.
“While the matter is being investigated and addressed through the PSC-appointed committee, it is also necessary to ensure that Ms Pyke receives protection in keeping with the Protected Disclosure Act.
“JFJ has received multiple reports about well-thinking members of the public sector, including doctors and police, being silenced by their leadership or faced some form of retaliation. Some of these persons were advised to exercise restraint in relation to public postings on public-interest matters that concern their profession. This cannot be in the interest of Jamaica. Ms Pyke must, therefore, be treated as a whistleblower while the matter is adjudicated. Having read the documents that are in the public domain, we are unconvinced that the attacks against Ms Pyke are justified.”