AG sticks with burger battle winning team
Attorney General Lois Browne Evans yesterday said she would not change a winning team for the last round in the McDonald's burger battle.
And she ruled out a personal appearance before the Privy Council in London as Grape Bay Ltd. takes on Government in a last-ditch bid to reverse the no fast food in Bermuda rule.
Mrs. Browne Evans -- whose job includes appearing for Government in civil cases against it -- said: "This has been ongoing on for years.
"And I don't know anything about it -- except the political end.'' She added that she wanted to stick with the Court of Appeal winning team of Solicitor General William Pearce and constitutional expert Dr. Lloyd Barnett for the Privy Council hearing set for later this month.
Mrs. Browne Evans said: "It will be done by the same team. If they win, why change a good team?'' And she added: "I would never have gone to a Privy Council hearing on something which had been around that long.'' Mrs. Browne Evans explained the fact she and the rest of the then-Opposition Progressive Labour Party joined with the rebel five United Bermuda Party Government members to block McDonald's did not influence her decision to stand clear of the court case.
She said: "There wouldn't be any conflict because I would have been continuing the same role -- opposing it.
"And the team who did handle it in court know what they're doing and they know the points. I hope they will continue their good work and win.'' Mrs. Browne Evans was earlier this year appointed the first political Attorney General of modern times on a salary of more than $125,000 a year.
Opposition Legislative Affairs spokesman and barrister John Barritt said: "I thought the Attorney General ought to explain her position.
"As an attorney, I can understand her reluctance to pick up the matter at this late stage and carry it forward to the Privy Council.
"That's a lot of hard work and would take some time. On the other hand, this is the kind of thing the Attorney General ought to be doing and I would expect her to be doing in the future.'' The Royal Gazette revealed yesterday that the final clash in the three-year war to win the right to open a fast food franchise on the Island was set to be held in two weeks.
Mr. Pearce and Dr. Barnett persuaded the Court of Appeal almost exactly a year ago to take Big Macs off the Bermuda menu.
The Court of Appeal reversed an earlier Supreme Court decision which ruled the anti-fast food franchise Prohibited Restaurants Act 1997 breached Constitutional property rights.
Puisne Judge Vincent Meerabux ruled in Supreme Court that "letters of intent'' between Grape Bay, controlled by ex-UBP Premier Sir John Swan and Opposition Senate leader Maxwell Burgess, were property and protected under the Constitution.
Mr. Justice Meerabux accepted that being deprived of property without compensation went against the Constitution.