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EDITORIAL - Paula Llewellyn's ascendancy and mission
published: Thursday | March 6, 2008

Paula Llewellyn is no unknown quantity to Jamaica, particularly in its legal and jurisprudential sector.

She is recognised as a bright, tough and fair prosecutor, who happens to be a woman. She has, herself, said that she has never made gender an issue in her career.

So, she is unlikely to make too much of her appointment as Jamaica's first female director of public prosecutions (DPP), to succeed the retiring Kent Pantry. We, however, acknowledge the historic significance of her elevation, following last year's appointment of Zaila McCalla as the island's first female chief justice. For as much as Ms Llewellyn, and perhaps Mrs McCalla, may not have noted or paid much attention to it, there remains a gender glass ceiling in Jamaica, cracked though it has become.

Nonetheless, we applaud what Ms Llewellyn has chosen to make the central issue of her appointment and, thereby, provided a context against which she can ultimately be judged. Not only does she intend to work in the public interest, but to run a 'world-class' prosecutorial service that respects the interests of both accused persons, victims of crime and the broader public.

This is an important pledge, implying as it does, not only efficiency, but a level of transparency in the operation of the Office of the DPP. In the first instance, this will require a substantial shift in culture at that office, which is not given to openness in the conduct of its affairs. Indeed, the outgoing DPP, Mr Pantry, was particularly prickly, quick to take offence to any question or challenge of any action by his office.

In a sense, the historic attitude towards public scrutiny of the people who have held this office is understandable. It is, in part, the arrogance of almost unfettered authority and at the same time a shield against attempted political or other incursions.

Indeed, the authority being conferred on Ms Llewellyn is enormous. The DPP is a creature of the Constitution, who can only be removed from office by way of retirement, resignation or impeachment by way of special tribunal if accused of misbehaviour.

In the exercise of her powers, Ms Llewellyn is "not subject to the direction or control of any other person or authority". Indeed, she has the authority to institute or undertake criminal proceedings against any person, take over and continue criminal proceedings begun by another authority, or discontinue any such proceedings.

The framers of the Constitution provided the DPP with such independence for good reason: in a small, close-knit society, it provides insulation against those, particularly in the executive branch of government, who may attempt to pervert the course of justice for their own ends. We are certain, of course, that Ms Llewellyn would never acquiesce to any such pressures.

However, we do not believe that independence is necessarily at odds with public accountability, which seems to have been the view of her predecessor. He appeared to have resisted periodic reports to Parliament on the state of his office.

We hardly expect that this will be the posture of Ms Llewellyn as she moves to build a world-class prosecutorial agency, with specific and measurable targets of efficiency. She can be assured that Jamaicans wish her well.


The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.
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