Moniz is playing politics

February 19, 2003

This letter was addressed to Trevor Moniz, president of the Bermuda Bar Association, and copied to .

Dear Sir,

I am compelled to write to you in your capacity as president of the Bermuda Bar Association as a result of a series of recent public comments attributed to you in the media about this Office.

The most disturbing comments were broadcast on two separate occasions last week during the ZBM evening news. In the first broadcast you were asked by the reporter whether "you believe Bermudians have faith in local lawyers" in light of the fact that locals recruited foreign lawyers to represent them in criminal matters.

Most unfortunately, your response sent you off on an unrelated, nonsensical and obvious attack on this Office, which left the question that was put to you completely unanswered. The consequence being that it was clear that your answer was biased and political in nature.

On the second occasion, albeit most certainly the same interview, you again attacked this Office when the issue was "alternatives to incarceration" and policing. While it is perfectly fine for the president of the Bermuda Bar Association to be championing the cause of the Police, it is again obvious for all to see that you were, by the way, unnecessarily attacking this Office once again. In particular, you said, "at the moment as everyone knows we have a weak Department of the Prosecution. The Police aren't getting the support they need from the DPP's office, certainly from the information I hear as president of the Bar..."

You proceeded to call the alternative to incarceration programme a "flop" and made other observations about it.

For the record, and for the benefit of the general public, it should be known that:

(1) this office is not weak and it is not "known to everyone" as a fact. Instead, it is a perception that you are desperately trying to create;

(2) it is wrong and untrue that the Police are not getting the support they need from this Office. It is also wrong and untrue that, because of a lack of confidence in us, the Police only bring ironclad cases. The Commissioner of Police has confirmed that this is not his view nor the official view of the Police;

(3) you did not test the so-called "information you are getting", if any at all, with this Office before publicly spreading it.

As a responsible president of the Bar, if you were truly concerned about the "information" and the welfare of the criminal justice system as a whole, and the prosecuting counsel in particular, (who are professional members of the body over which you preside) you would have at least consulted me or other counsel in this Office to test your "information". That you did not do!

It is well known that you are wearing at least "two hats", one as the head of a longstanding honourable profession that has an interest in the rule of law and seeing that justice is not only always done, but always seen to be done, and the other as a politician.

Your failure to inquire of this Office before going public, as you have done, is indefensible and speaks volumes for all to see which "hat" you were wearing.

As was reported in headline story on February 7 last, under the heading "A human right 'cop out': MP", - I can confirm that you were "concerned enough to bring the matter up with the Director of Public Prosecutions".

In this case, you were speaking about whether or not there would be a prosecution of Mr. Derrick Burgess for criminal defamation of the Auditor General. As the president of the body that regulates the concerns, interest and conduct of a significant portion of the Bar you were not concerned enough about the "information" referred to in paragraph three above to "bring the matter up with me". Nor have you discussed any "weaknesses" in this Office with me.

While on this point I should also point out for the benefit of the public how sad it is that the president of the Bar should publicly include me in an accusation of "a complete cop out" and of "passing the buck" for not prosecuting someone on the basis of reports in a daily newspaper.

That is not how criminal prosecutions are commenced. One would expect the president of the Bar to know that prosecutors, and decisions to prosecute, are based on longstanding procedures and legal principles that serve as a guide.

One would also expect the president to know and appreciate that there is a division of responsibilities between investigations and decisions to prosecute and actual prosecutions. The public might also be surprised to know that during your call to me I made this known to you, (and told you that if a "file" was received it would be considered) yet you still saw fit to go public and generate misinformation. Why??

Let me tell you that the general feeling among prosecuting Crown Counsel is that your recent conduct and campaign against this Office is a personal attack on each of them. It is not only irresponsible, but also unfair to them and the criminal justice system.

You would be well advised to stop playing politics with this Office and the criminal justice system.

In future, I trust that if you have any genuine concerns about this Office or the criminal justice system, you will canvas them directly with me or the appropriate persons.

Since you have seen fit to mislead the public in the manner you have done, it is only right, in the interest of justice, that the public be aware of my response to you.

Consequently this letter is copied to the recipients below as well as the Bermuda Bar Council.

Get kids off the street

February 18, 2003

Dear Sir,

In the past few months, we have seen lots of v-i-o-l-e-n-c-e in our small country. Its going to get worse - blood.

I have a few suggestions that might help.

1. Why can't the youth be home no later than 12.30? this is not too early for an 19 year old. If they want to be out, let it be in their yard, not on the streets making a whole lot of noise and fighting. It is terrible how you see these children out night after night just waiting for trouble. "Children go home".

Mothers tell your children to be in the yard or in the house at a proper hour. Take them off the street now. Summer is not here yet. "Watch out".

2. Why the Police are not doing their job, they need to be looking out for these trouble spots with trouble children. Police should be able to tell them in a nice way to get off the streets and this might help.

3. A curfew will be very good. Children under 20 should be home before 1 a.m., not 2 or 3 in the morning on the street.

A WORRIED MOM

Lead by example

February 19, 2003

Dear Sir,

We learned in this week's news that the Island's car dealers want Government to approve licensing of bigger cars and, of course, Bermuda has already seen Government Ministers getting bigger cars.

Instead of looking to authorise larger vehicles, Government might consider taking a true leadership position by mandating more environmentally friendly cars first for themselves, and encouraging dealers to bring them in for the Island.

Rather than clogging the roads with large cars, Bermuda would benefit by reducing pollution with readily available hybrid cars from Toyota, Honda or Ford.

LEAD, DON'T FOLLOW

Pembroke