handling of case By Raymond Hainey in London and Stephen Breen Attorney General Dame Lois Browne Evans last night welcomed the independent legal review into the Rodney Smith case and said she was confident it would reveal no wrong-doing.

The UK Foreign Office review of the case follows allegations, which have been denied, that Crown counsel Khamisi Tokunbo tried to influence the handling of the assault case against Smith, a former Progressive Labour Party candidate.

Deputy Governor Tim Gurney announced on Tuesday night that the Foreign Office would appoint an independent lawyer to review how the case was handled within both the Attorney General's Office and the Office of the Director of Public Prosecutions.

Mr. Tokunbo is understood to have been nominated by Governor Thorold Masefield for the post of DPP. Foreign Secretary Robin Cook has to make the final decision.

Mr. Cook will receive the results of the review before deciding on whether to accept Mr. Masefield's recommendation for DPP.

Dame Lois, who is in London for the inaugural meeting of the Overseas Territories Consultative Council, told The Royal Gazette last night: "I knew that was what the Governor was going to do. It's the only way to clear the air now.'' She denied Opposition claims that she had launched a "witchhunt'' to find the source of the allegations.

She said: "I just talked to Mr. (William) Pearce (the acting DPP) and that was called a witchunt.'' She added that she was confident the review would turn up no wrong-doing.

"They have made a mountain out of an anthill and I'm sure the reviewer will clear this up,'' she said.

Opposition Legislative Affairs spokesman John Barritt has criticised the scope of the review after it was revealed that the independent lawyer will have no legal powers to compel people to give evidence.

And a decision on what parts, if any, of the review will be made public will rest with the Foreign Office. The name of the lawyer has not yet been finalised, but he or she will be from outside Bermuda, probably the UK, and will fly to the Island to review the handling of the case. Controversy surrounding the case in which Smith was accused of assaulting a tenant arose last week. The case was listed for December 1, but was brought forward to last Monday -- at the unusually early time of 9 a.m..

Smith told Magistrates' Court he had been told by someone in the Attorney General's Chambers to attend court that day and it was his "understanding'' it would be dealt with by a section 64 -- which would mean the facts of the case would be admitted and he would be bound over but without a criminal record.

Crown counsel Leighton Rochester said he had no knowledge of the case being listed for last week and asked for it to be delisted for December 1.

The case was adjourned until the following day and a new Crown counsel took over the case. Magistrate Archibald Warner decided to bound over Smith, 38, of Spring Hill Close, Warwick, but said he had reached the decision independently.

Mr. Warner told the court: "Somewhere along this process someone tried to interfere with this process.'' But Mr. Pearce denied allegations that Mr. Tokunbo or anyone else had brought pressure to bear on the case.

Mr. Gurney said a date has not yet been set for the review, but the Foreign Office wants it concluded as quickly as possible.

COURTS CTS