Top English lawyer John Roberts will arrive in Bermuda next week to chair an independent probe into controversy over the handling of a court case against developer Rodney Smith.

Government House yesterday revealed that Dr. Roberts QC will arrive on Monday to begin the hearing which could last up to three days.

Dr. Roberts was appointed by the UK Foreign Office to conduct a review 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''.

The announcement follows allegations that influence was brought to bear in the assault case against Mr. Smith, a former candidate for the Progressive Labour Party.

The results of the review will be given to Foreign Secretary Robin Cook before he approves Governor Thorold Masefield's nomination for the new post of Director of Public Prosecutions.

Crown counsel Khamisi Tokunbo -- currently heading the civil law section -- is understood to be the preferred candidate for the job.

Announcing the review last month, Deputy Governor Tim Gurney stressed that the review was not a formal commission of inquiry and that Dr. Roberts could not order people to appear before him.

Controversy over the Smith case erupted last month when it was brought forward to October from the original December 1 date and taken in Magistrates' Court at the unusually early time of 9 a.m.

Mr. Smith told the court then that he understood that the case would be "dispensed'' with and that he would be bound over -- avoiding a criminal conviction.

Crown counsel Leighton Rochester, however, told Magistrate Archibald Warner that he had no knowledge of that and asked for the case to revert to the original date.

The proceedings were watched by Acting Director of Public Prosecutions William Pearce and the case was handled by another prosecutor, Larry Mussenden, the following day.

Mr. Warner chose to bind Mr. Smith over for a year -- but stressed he had reached his decision on the facts and that the courts were independent.

And he said: "Somewhere along this process somebody tried to interfere with this process.'' Mr. Smith later declined to say who he had discussed the case with at the DPP's office.

And Mr. Pearce issued a strong denial that there had been any attempts at interference.

Centre of attention: Former PLP candidate Rodney Smith