The UK Foreign Office announced last night it will appoint an independent lawyer to review the controversy surrounding the handling of the assault case brought against former Progressive Labour Party candidate Rodney Smith.

The announcement follows allegations that attempts to bring political influence were brought to bear on the case.

The results of the review will be given to Foreign Secretary Robin Cook before he approves Governor Thorold Masefield's nomination for Director of Public Prosecutions. Crown Counsel Khamisi Tokunbo is understood to be the front runner for the post.

Deputy Governor Tim Gurney revealed that the independent lawyer will not have the power to compel people to give evidence about their involvement in the case. And the decision on publishing details of the review will rest with the Foreign Office.

Mr. Gurney stressed that the review was not a Commission of Inquiry or an investigation. No date has been set, but it will be done quickly. Mr. Gurney told The Royal Gazette that the name of the independent lawyer has not yet been finalised but that he or she is likely to be from the UK. They will travel to the Island to carry out the review.

Opposition Legislative Affairs spokesman John Barritt last night welcomed the announcement but condemned the decision not to compel people to give evidence.

He added that it was imperative the results were made public to dispel any fears of a whitewash no matter how embarrassing it might be for civil servants or members of the Attorney General's Chambers.

A statement issued from Mr. Gurney's office last night read: "At the request of the Foreign and Commonwealth Office (FCO), an independent Legal Review is to be undertaken of the handling within the Office of the Director of Public Prosecutions and the Attorney General's Chambers of the prosecution of the case against Mr. Rodney Smith and the way it proceeded through the Magistrates' Court.

Lawyer to look into controversy "The review will be carried out by an experienced lawyer appointed by the FCO. A date has not yet been set but the aim is for a thorough review to be carried out quickly.

"The result of the review will be given to the Secretary of State for Foreign and Commonwealth Affairs, who is currently considering the Governor's recommendation for the post of DPP.'' Confirming people will not be compelled to give evidence, Mr. Gurney said later: "We are not putting people under subpoena. But if they don't want to co-operate, the reviewer will draw their own conclusions from that.'' Controversy surrounding the Smith assault case emerged last week when it was brought forward from December 1 to last Monday at the unusually early time of 9 a.m..

Smith, who pleaded not guilty to assault, told Magistrates' Court he was asked to attend by the Attorney General's Chambers and understood he would be bound over, thus avoiding a criminal conviction.

The matter was postponed until the following day when a new Crown counsel was appointed to deal with the case.

Smith, 38, was bound over but Magistrate Archibald Warner said the decision was based on the facts. Mr. Warner added: "Somewhere along this process someone tried to interfere with this process''.

Mr. Barritt said: "We are pleased that there is going to at least be an independent review and it's going to be carried out quickly.

"I am disappointed to hear that the person conducting the review can't compel people to answer the questions that he or she might have. It goes to the thoroughness of the review.''