Defence lawyer Larry Scott this week harshly criticised Governor Sir John Vereker's decision to hire Kulandra Ratneser as acting Director of Public Prosecutions (DPP).

And he defended Khamisi Tokunbo, whose three year contract as DPP ended last week.

In a letter to the Editor this week, Mr. Scott suggested that defence lawyers may not want to appear opposite Mr. Ratneser.

"I am advocating that people should not appear before Mr. Ratneser," Mr. Scott said when contacted last night for clarification.

"That was my gut personal reaction - as a form of personal protest."

Mr. Tokunbo is suing Government for its decision not to renew his contract. Sir John Vereker has said that the decision to re-advertise the post was taken because he wanted to ensure that the best person available held the position.

Mr. Scott's letter criticised Bermudians for their "apathy" in the face of the Governor's "great sin" against the community, and said that Mr. Ratneser had been one of the original applicants for the DPP post when the office was created in 1999.

"The Governor by his actions has struck down one of us with callous disregard, and with no explanation," Mr. Scott said.

"And we all sit by and hope that maybe we won't be next, trapped in the dampness and apathy of our own inertia. Why would any defence counsel in light of all this want to appear in any trial with Mr. Ratneser? And anyone who did, would they still expect to be respected by any of their black colleagues at the Bar ?"

No reason had been given as to why Mr. Tokunbo would not be seen as the best candidate for the job, the letter continued.

"He was the incumbent, he was in the job for three years, it was a new post so he would have in the first instance been occupied putting that department in working order," not court appearances, Mr. Scott said.

"It is a fact that he has ensured that his staff have been provided with a set of chambers that are first class, enabling them to have access to the modern tools of our trade and a proper environment in which to conduct their practice. Though I must admit they lived in terrible conditions while awaiting their chambers to be completed."

He went on to question whether the Governor had informed the Chief Justice of the impact of his decision on cases Mr. Tokunbo was involved in.

"While the Governor's grand scheme was afoot did he not have the foresight to inform the Chief Justice that any matter that the DPP was involved in might be affected? I don't know, but for sure the case that Mr. Tokunbo was conducting came to an abrupt halt. How does that make the administration of justice appear?"

And Mr. Scott said that after conducting a poll of his colleagues he found that "not one" felt Mr. Tokunbo was ineffective or incompetent.

"And most were surprised at what was happening and how it was happening."

On the choice of Mr. Ratneser, Mr. Scott said : "What is his track record ? Has anyone heard of him? And is the fact that he is a person of colour with knowledge of aboriginal affairs that which makes him a candidate to understand the complexities of Bermuda, her people and her interrelationships? The British have a history of viewing colonial affairs in that way, because they want to believe that we as black people see the world experience through the same prism that they do. We don't."

He continued : "The struggle we have had is convincing the British Imperial authority that we are eminently as capable as they to manage our affairs. And that it does not require a retiree/appointee from the 'British Raj' to be sent over to sort things out."

Mr. Scott described Mr. Tokunbo as "a favourite son, who is able, and put in place a young team of counsel who served his department well and Bermuda as well. What does this impediment say to all those young, able, bright young people in that department about their chances of advancement, and pray tell how will they greet the newcomer ?"

He called on the Governor to "undo his mistake at the earliest, and save face, and bring back sanity, respect and integrity to a profession for which I am enormously proud".

"More importantly, the Governor has injured my community, and though there has been a dearth of protest, silence ought not to be viewed as compliance with and acceptance of his action by ordinary black Bermudians."