FORMER Director of Public Prosecutions Khamisi Tokunbo was removed from the position because the department needed a more capable leader, the president of the Bermuda Bar Association charged yesterday.

"Khamisi was thrown in at the deep end when the department was created (following the 1998 General Election)," said Trevor Moniz. "He didn't have the experience to set up a new department.

"The decision (to remove him) was neither political nor personal, but it hasn't worked out, and for the sake of Bermuda, we had to move on."

Mr. Moniz spoke after defence lawyer Larry Scott called for attorneys to boycott cases in which Mr. Tokunbo's replacement, Kulandra Ratneser, is involved.

Through The Royal Gazette, Mr. Scott argued that he had polled his colleagues and found "not one" who thought Mr. Tokunbo ineffective or incompetent.

He further questioned why no reason had been given as to why Mr. Tokunbo was not the best person for the job.

"I am advocating that people should not appear before Mr. Ratneser," he told the daily. "That was my gut, personal reaction - as a form of personal protest. The Governor by his actions has struck down one of us with callous disregard, and with no explanation . . .

"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?"

According to Mr. Moniz, Mr. Scott stood alone in his protest.

"Larry is purely speaking for himself," he said. "I've consulted with members of the Bar Council and the consensus is that we needed a change.

"It was felt that the DPP needed to pull up its socks; it needed a change. (The hiring) is supported by the Bar and by the Government - even if only in acquiesence. We've not seen any huge swelling of outrage either from lawyers or from the Progressive Labour Party. You can read that as something."

Mr. Tokunbo is suing Government for its decision to re-advertise, rather than automatically renew his contract, which expired at the beginning of this month.

At issue, he believes is the constitutionality of the Governor's decision to ask him to reapply for the $127,000 a year post.

According to Sir John Vereker, the decision to re-advertise was taken to ensure that the best person available held the position and Kulandra Ratneser was appointed as acting DPP to as the search for a permanent director continues.

Mr. Tokunbo was hired as director of the then, newly-established Department of Public Prosecutions, when the Progressive Labour Party (PLP) took office in 1998. At the time, Dame Lois Browne Evans became the Attorney General and criminal prosecutions were transferred to the DPP.

That the PLP have not been vocal regarding Mr. Ratneser's appointment, spoke volumes, said Mr. Moniz.

"When the position was created, the PLP (made it clear) that they wanted a black person there; a supporter of the PLP" he added. "Since his (dismissal) there has been no outrage expressed by the PLP.

"It's true the Governor does the appointing, but he clearly does so only after consulting with the Government and the same applies for (the new posting). You can take it as read that the Government supports putting someone else in the post.

"It's clear, in my mind, that the Government has been consulted and it's clear in (Mr. Tokunbo's) hiring Saul Froomkin - who's generally seen as not being a PLP supporter. That sends a big signal in and of itself."

This latest threatened boycott, Mr. Moniz added, was as ineffective as recent tactics by attorney Mark Pettingill to increase legal aid fees.

According to Mr. Pettingill, a group of approximately eight of the island's leading criminal defence lawyers were boycotting legal aid cases, demanding that Government jack fees up from the present $100 an hour - established in 1989 - to $300; a figure thought to be close to what criminal defence lawyers get in private practice.

"Both those suggestions, in my view, were irresponsible," Mr. Moniz said. "Those people did not consult other members of the bar. There was no legal aid boycott.

"Even Pettingill, the following week, was in court representing legal aid (people). (What he did) was a retrograde step in making that statement. The legal aid negotiations are ongoing between myself, the Ministry of Health and members of the Bar. It didn't help the process of negotiations but we are moving forward and hope to resolve the matter very soon."

As to Mr. Scott's suggestion he said: "No responsible member of the bar would follow any such call. The duty you have is to your client and the good administration of justice and such a boycott would not be justifiable."