The legal team for the Opposition People’s National Party (PNP), which got Paula Llewellyn booted from office, commenced submissions Wednesday to have the Court of Appeal uphold her banishment from the post of Director of Public Prosecutions.

The charge was led by King’s Counsel Michael Hylton and his junior Kevin Powell, who appear for Peter Bunting and Phillip Paulwell of the PNP. 

The senior PNP members were successful last April in having the Full Court of the Supreme Court strike down an amendment to Section 96 (1) of the Constitution of Jamaica that extended King’s Counsel Llewellyn’s time in office.

In his submissions, Hylton said the question the appellate court would have to address is whether there exist in the Constitution the principles of separation of powers and proper purpose. 

He said the separation of powers principle states that where the Constitution grants power to specified bodies or persons, other bodies or persons can’t exercise those powers. 

The proper purpose principle, Hylton said, is that bodies or persons who are given power under the Constitution must exercise those powers for proper purpose. 

Hylton said that the Government’s purpose in the matter at hand was to enact Section 2 (2), which is not a proper purpose.

Earlier, Powell submitted that the Full Court was correct in striking down Section 2 (2) as it did not amend or purport to amend the Constitution.

He argued that the section doesn’t identify any provisions in the Constitution that it is seeking to replace or amend. 

Powell told the court, comprising of Justices of Appeal Jennifer Straw, Vivene Harris and Kissock Laing, that the inexplicable conclusion from this is that Section 2 (2) should not be interpreted as being part of the Constitution. 

He said that all the Section did was give the DPP the right to apply for early retirement, a right that never existed in the Constitution.

In response to questions from Justice Laing on that point, Powell said this, in and of itself, isn’t a constitutional bar but coupled with other factors it is. 

The Full Court ruling is being appealed by the Attorney General of Jamaica. 

The matter continues in the Court of Appeal on Thursday.