The way Britain selected the new Chief Justice was a return to "a colonial model which we thought had been relegated to history", Premier Alex Scott said yesterday.

He questioned whether the appointment of Englishman Richard Ground over naturalised Bermudian Norma Wade Miller meant the old days of all top judicial jobs going to foreigners was on the way back.

And he said Bermudians may now be worried about appointments to other key positions such as the top ranks of the Bermuda Regiment, Police, and the Department of Public Prosecutions.

Mr. Scott accused Britain of flying in the face of the constitution by setting up an appointment panel rather than consulting him first - then ignoring his recommendation.

He rejected the accusation by Overseas Territories Minister Bill Rammell that he had "politicised" the appointment by going public with his favoured candidate. He had only done so out of transparency, he said, and accused Britain of turning up the political heat by the way it handled the process. But Opposition Leader Dr. Grant Gibbons said yesterday the Premier was using "double standards" to peddle a political agenda. The PLP had failed on numerous occasions to promote qualified Bermudians yet was kicking up a storm over the Chief Justice, he said.

The Premier said the selection process would go down as "an important footnote in Bermuda's history" in terms of how key decisions about the Island were taken. Government was now examining its options - which Mr. Scott did not reveal - but he said Government could not challenge a decision of the Governor in the courts.

Others such as sympathetic lawyers may be considering some such of challenge, he added. While Government was not currently talking about Independence, he could understand why some Bermudians angered by this decision would be.

And he said "in this day and age" judicial appointments should be made in Bermuda.

In a letter to Mr. Rammell, which he released yesterday, Mr. Scott wrote: "Constitutional authorities are suggesting there is neither constitutional nor statutory authority for the establishment of the 'interview panel' whose recommendation you have expressly stated you have 'decided to uphold'.

"Moreover, the elected Government of Bermuda had no role to play in establishing the composition of this interview panel and my views as Premier were not sought beforehand.

"The Bermuda constitution clearly establishes that the Governor cannot proceed to appoint a Chief Justice until he has first consulted with the Premier as the elected leader of the Government of Bermuda, who must himself consult beforehand with the Leader of the Opposition. This procedure was not followed.

"It is unfortunate that you should characterise the issue as having become 'the subject of political pressure'. With respect, you must surely acknowledge that your Government's position has added to both the pressure and the controversy surrounding this matter.

"You will also be well aware that the Bermuda Government's concern that the gains which Bermudians have won over the past three decades in administering our own internal affairs should neither be eroded nor reversed. The consultative mechanism established by the Bermuda Constitution requiring due regard to be paid to the elected leadership of the Bermudian people has been disregarded in favour of a colonial model which we thought had been relegated to history."

In a Press statement earlier, Mr. Scott said: "What impact will such a decision have on the career expectations of senior members of the Regiment, the Police, or the DPP?

"Will our justice system now be rolled back to the days when our senior-most Jurist posts were reserved for foreigners."

He said Government had publicly backed Mrs. Justice Wade Miller in the name of democracy and transparency.

"Ironically, it is what the British Government claimed that it expected of the Overseas Territories Consultative Council members.

"Let me also state equally, frankly and unequivocally that neither I nor the Government hold any personal grudge against the Chief Justice designate. I don't know him and I look forward to meeting him.

"The Premier and the Government will continue to uphold the rule of law and support the need for the proper administration of justice."

Mr. Scott then said he did not consider the British decision "a slap in the face. It is a disappointment. Partners don't treat partners this way.

"Is it time to go to independence? I said at the PLP AGM that we as a people and as a party are embarking on a journey, and it is important that as we embark on that journey, that I don't get too far ahead and leave the community and the populous behind. That's not wise.

"But equally as leader I should not get too far behind the populous. We will travel towards that day in history when we lower the existing standard and raise our own flag, but we do it together, but I don't want to a be a leader way out in front forcing anyone. Independence will come in a timely fashion."

He said there was "unanimous" support in Cabinet about the way to approach the problem - implying there had been no calls for a push for independence.

"There was no rush to judgment. The Cabinet was mature, circumspect and understanding of the dynamic placed on us by this decision," he said.

Referring again to the selection panel, he said: "I was informed that a panel was to be formed, but I was not asked 'Premier should a panel be formed?'. I was just informed that that was the step that was to be taken. I was being consulted even as the process was begun and I was supposed to be consulted first.

"It is not the approach used in Great Britain, and not the approach that was used here before. It is an approach that was assisted in suggesting it was a fair way, but it was not the constitutional way."

When asked if Mr. Ground would be able to do his job properly given Government's strong opposition, Mr. Scott said: "Government is against the choice of someone who isn't a Bermudian but once the decision has been taken, the government is a government of laws and we have said we will support the law and good order at all times.

"We will not let our disappointment and concern that a Bermudian has been passed over pass over the clear need for good governance and support governance and good order and support all in the justice system.

"Members of the legal fraternity are concerned about the legal system and their careers and I can't give them the assurances I should be able to give them in this day and age.

"In some ways these things are out of our hands, and in this day and age they should not be, and that is why there is some talk about independence, and I can understand that.

"It is a very important footnote in the history of Bermuda and I don't look on this as a problem, I look on it as an opportunity.

"It is an opportunity to explain to Bermudians how we take the decisions we take in running the country and if we need to have a lesson learned, it is what can we do so that in future we native sons and daughters are the preferred individuals that take these positions that they are trained for.

"The British Government can learn lessons, too. They are not too big or too far away to learn from this. To plagiarise literature: 'A little island shall lead them'."

When asked about his relationship with Governor Sir John Vereker, he smiled and said: "Very interesting. I sent him a card. Yes (we're talking). This is a bump in the road but we will overcome it."

Dr. Gibbons said yesterday: "The Premier's protests to the British Government are not terribly convincing and they appear to be more of a political agenda.

"When Mr. Scott and the PLP government had the power to appoint qualified Bermudians to senior posts, they failed to do so.

"Where was Mr. Scott when the Prison Commissioner's post went to a non-Bermudian when there were qualified Bermudian in the service?

"Where was Mr. Scott when the executive director of the hospital went to a non-Bermudian?

"And Mark Pettingill, who is clearly a Bermudian, expressed an interest in the DPP position, and Mr. Scott was exceptionally silent on that point, probably knowing full well there is going to be a non-Bermudian recruited.

"It is very much a double standard. It's OK when the PLP doesn't appoint a Bermudian, but not when someone else doesn't. There must be a political reason."