Some big cases Paula Llewellyn’s prosecuted as DPP

Paula Vanessa Llewellyn was first appointed Director of Public Prosecutions (DPP) in March 2008, replacing Kent Pantry, who had served for 10 years from 1998-2008.

She was the first woman to hold the post; six men served before her from 1962, when Jamaica gained its Independence from Britain, until her appointment in 2008.

After 16 years in the position, having benefitted from an extension of her tenure when she turned 60, the now 63-year-old Llewellyn has the distinction of being Jamaica’s longest-serving DPP.

The St Hugh’s High School and Norman Manley Law School graduate grew up in Pembroke Hall, St Andrew. She did her internship in Antigua, before returning to Jamaica to take up a position as clerk of the court at the St James Magistrate’s Court.

In 1986, Llewellyn was appointed a crown counsel in the Office of the Director of Public Prosecutions (ODPP). She was made a deputy director in 1993 and senior deputy director in 1999.

Llewellyn stepped aside after a ruling by the Constitutional Court on April 19, 2024, that upheld a submission from the Opposition People’s National Party that an amendment to the Constitution to facilitate a second extension of her tenure as DPP was unconstitutional, null and void.

The Government plans to appeal the decision.

In the meantime, Claudette Thompson, senior deputy DPP has been appointed acting DPP, effective April 22, 2024.

As DPP, Llewellyn has won and lost some of Jamaica’s most high-profile court cases over the past 15 years. Here's five of them:

Cuban light bulb case

She lost the highly contentious Cuban light bulb case involving then junior minister in the People’s National Party Administration, Kern Spencer, in which she often clashed with the presiding judge, Senior Resident Magistrate Judith Pusey and Spencer’s lead attorney, King’s Counsel KD Knight.

In March 2014, Pusey dismissed all charges against Spencer and his former personal assistant, Colleen Wright.

Pusey stated that, "having examined the evidence in this matter and how the matter was handled ... it is my considered opinion that these accused should not be called upon to state their defence”.

Spencer and Wright had been on trial since 2009, accused of money laundering and illicit enrichment arising from the implementation of the Cuban light bulb programme.

The bulbs, which should have been distributed free of charge, were a gift from the Cuban Government.

Stone Crusher gangsters walked free

In February 2012, the DPP’s case against Eldon Calvert, the alleged leader of the notorious Stone Crusher gang that was based in Montego Bay, St James, collapsed.

The murder case, which included two other men, was thrown out after it was revealed that the investigating officer, Detective Sergeant Michael Sirjue, fabricated the evidence.

After it was thrown out, Senior Puisne Judge Gloria Smith remarked that it was "a very sad day in the history of justice".

Llewellyn later said she could not proceed with the case, because handwriting experts for the defence and the Crown confirmed the witness statement was written and signed by Sirjue. Llewellyn said she was told that Sirjue had fled the island.

Calvert was shot and killed by gunmen in Salt Spring, St James, in 2014.

The Vybz Kartel verdict

Llewellyn’s office famously won the Vybz Kartel murder case, which, at the time, featured the longest-ever trial in Jamaica. The popular entertainer, real name Adidja Palmer, and three co-accused were sentenced to life behind bars for the killing of their friend, Clive ‘Lizard’ Williams.

This case is once more in the news and its final outcome is yet to be determined.

The Court of Appeal has set June 10, 2024 as the date it will begin hearing submissions on whether to order a retrial for Kartel and his co-accused. The order from the court comes weeks after the Judicial Committee of the Privy Council i the UK overturned the murder convictions and sentences of Kartel, Shawn Campbell, Kahira Jones, and Andre St John, due to jury misconduct.

The matter was subsequently remitted to the local Appeal Court to decide on the matter of a retrial.

The Trafigura Beheer scandal involving the PNP

By March 2022, when senior officers of the People’s National Party (PNP) were forced to testify in open court in the Trafigura Beheer matter, the scandal that rocked the Portia Simpson Miller-led PNP in 2006 had been around for 18 years.

Despite pressure for her office to drop the matter, since no charges were brought in Jamaica, Llewellyn’s office fully cooperated with the authorities in the Netherlands who were probing whether $31 million given to the PNP in 2006 by the Dutch company was a bribe.

Dutch companies are not allowed to make political donations.

The cooperation between the Office of the Director of Public Prosecutions and the Dutch authorities was based on provisions under the Mutual Assistance in Criminal Matters Treaty, which allows signatory countries to ask for help in producing documents and questioning witnesses.   

The PNP bigwigs who had to testify after initially refusing to do so in private before losing an appeal at the Privy Council were Colin Campbell, who was PNP General Secretary in 2006; Robert Pickersgill who was PNP chairman; businessman Norton Hinds; and Member of Parliament Phillip Paulwell.

Former Prime Minister Portia Simpson Miller, who was PNP president, was excused from testifying on medical grounds. 

Llewellyn helped secure right of appeal for prosecutors

Appealing a sentence

In October 2022, Llewellyn would hail a historic verdict in her office's first sentencing appeal as a victory for victims of crime.

This was after the Court of Appeal overturned a 12-year sentence that was imposed on Westmoreland gangster Lindell Powell for two murders.

The court instead imposed life sentences for each of the two counts, with a stipulation that he serves 24 years and seven months before being eligible for parole.

Llewellyn had pushed for her office to be given the right to appeal some sentences it considered too lenient.

Justice Bertram Morrison had sentenced Powell to 12 years on the two counts and ordered that he serves 10 years before becoming eligible for parole consideration.

In its first use of the law that was passed in 2021, the state prosecutor successfully appealed the sentence.