PAST commissions should be examined and members of the legal fraternity consulted, before a massive review of the judicial system would be considered, Attorney General Paula Cox said yesterday.

"There is no need to reinvent the wheel. I'm not sure at what point we're not taking it too far. We've already had the Serious Crimes Commission. A number of matters came out of that and the Pitt Commission Report looked at these matters as well."

Ms Cox was speaking in response to a recent call by Shadow Attorney General Trevor Moniz for a massive review of the judicial system, with subsequent examinations every five years and an annual progress report delivered before Parliament.

The Attorney General said she would be hesitant to support Mr. Moniz's suggestions, having not discussed the matter with those directly involved - Governor Sir John Vereker, as head of the judicial system, and acting Director of Public Prosecutions Kulandra Ratneser.

And, she said, she hoped that Mr. Moniz had followed that route before publicly airing his opinion.

"In communicating those matters, I think it is important to understand there is a protocol and . . . I have to be very careful not to overstep boundaries," she said.

"It is my view, certainly, to talk to the direct stakeholders first, before calling for an overall judicial review. (Having not done that) I think it would be premature and non-political, for me to support (Mr. Moniz's comments)."

A lawyer and former president of the Bermuda Bar Association, Mr. Moniz called for a review of the judicial system following a number of questionable outcomes in courts. The Shadow AG said that periodic investigations and regular reports - as conducted in other countries - would highlight areas in which it was failing, and make the system more accountable to the public.

"The justice system in Bermuda is not working as well as it should be," he said in an interview with The Royal Gazette. "In other countries, services like the court system have an annual report, which is tabled to Parliament and I think it is time Bermuda did the same . . .

"We need a report from the court system, and then others from parts of it such as the DPP's office and the AG's office. They would tell us where things needed to be improved."

The Shadow AG said he had noticed an improvement since Mr. Ratneser had taken over at the DPP's office but that annual reports and an in-depth review could make the system more reliable.

Although he said he could provide annual reports if requested to do so by the Governor, in an interview with this newspaper the acting DPP said the passage of time, and harsher sentences would tremendously improve public opinion of Crown counsels.

"People will always complain, whether you win or you lose. The problem we have had in this office is . . . we are short-staffed of experienced people. Bearing in mind that most of the staff are Bermudians who have less than ten years' experience in the prosecuting process, they've come a long way.

"They are really very good lawyers but there's no substitute for experience. They have to go into court. They have to learn to be beaten and battered by the magistrates and defence counsel.

"(There's also) the sentencing process. We play an active role, but we do not control what sentences are (given). In my view, sentences must reflect the wishes of the community.

"Unfortunately (judges and magistrates) don't always do that, they have their individual ways of passing sentences. That's not a criticism of (them), that's part of the system.

"All we can do is try and get to the high courts - the Court of Appeals or the Supreme Court - and get back to the Magistrates' Court to set down guidelines as to what type of punishment should be imposed on what type of offences. That's what I'm trying to do."

Q.&A. with Mr. Ratneser - see page 4