Leadership uncertainty causes delay in court proceedings
Proceedings in Bermuda's high courts were put on hold yesterday due to the fact that the Island currently has no Attorney General, who must be sworn in before Crown prosecutors can be recognised in the Supreme Court.
The political turmoil following last Thursday's election threw off the normal operating procedures for political transitions, which should have seen former AG Dame Lois Browne-Evans replaced the next day. While Paula Cox was appointed to the post by then Premier Jennifer Smith on Friday, Ms Cox would have had to be sworn in by Governor John Vereker before taking up the post.
In any event, Ms Smith's resignation yesterday meant the appointment was nullified so there is currently no AG in the pipeline to take over.
It is thought the new Premier Alex Scott will be sworn in by Mr. Vereker this morning and Cabinet appointments are expected to be announced immediately after.
The Bermuda Constitution specifies that crown counsels representing the Department of Public Prosecutions (DPP) have no status as prosecutors if there is no AG in office.
A sentencing before Assistant Justice Archie Warner was adjourned yesterday morning because none of the DPP's eight prosecutors could be recognised.
And it is understood that, should there not be any appointment by the end of today, officials in the AG's office would then have to seriously consider asking the Governor to intervene and appoint someone to fill the key role.
Such a situation would be at odds with Government, as one of the Progressive Labour Party's main platforms is the appointment of a political AG.
Acting Director of Public Prosecutions Kulandra Ratneser said yesterday he "anticipated" someone would be appointed to the post within the next 24 to 48 hours.
"Constitutionally there has to be an AG for Crown counsels to have status. For those who are acting under the direction of the DPP, I'll be getting their cases adjourned until an appointment is made."
But one legal source said: "I don't know how much longer they can drag this out for. It is doubtful that the Governor would appoint an AG unless he was approached by a concerned number of people and he would only do it in the public interest. But how is the international community going to view Bermuda if we can't settle this quickly and efficiently?"