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Barritt backs Crown lawyer over AG post

Moving Parliamentary responsibility for the judiciary from the Premier to political Attorney General (AG) Dame Lois Browne-Evans was yesterday slammed by Opposition Legislative Affairs spokesman John Barritt.

And he warned that -- in view of allegations of interference with the criminal justice system over pyramid schemes -- the move could leave the judiciary open to similar accusations.

Lawyer Mr. Barritt said: "I'm really quite amazed. Under other circumstances, having your top law officer be responsible for the judiciary is not unusual.

"But in this case, in this context and in view of what's been happening --phew.'' Mr. Barritt added: "I really would like to think that Dame Lois, as a senior member of the Bar and Attorney General, wouldn't even countenance such a thing.'' He said: "We have had a former Crown counsel speak out and echo the very point I made months ago about asking for a second opinion on these pyramid schemes from the Attorney General after the Director of Public Prosecutions (DPP) had said they were illegal.

"It's tantamount to political interference and may well be trying to influence the prosecution.'' Mr. Barritt pointed out in February that it was unconstitutional for Premier Jennifer Smith to ask a political AG -- responsible for civil matters and giving legal advice to Government -- to "second-guess'' the Crown prosecutors.

And Mr. Barritt asked: "Will the Premier be asking the Attorney General to give second judgments if the Premier doesn't like decisions of Supreme Court judges?'' Mr. Barritt said he hoped that the judiciary would not be left open to allegations of pressure.

He added: "I hope not, but who knows given the track record we have to date.'' Former Crown counsel Peter Eccles, who returned to Canada last month, said one of the reasons he left was that he did not want to worry about whether decisions founded in law would be politically popular.

Pyramid schemes hit the headlines in January. Police have said a file would be given to DPP Khamisi Tokunbo before a decision on prosecutions was made.

Mr. Barritt said shifting responsibility for the legislature -- the House of Assembly and Senate -- which was also announced in the Official Gazette, was reasonable.

The changes -- following a major April shake-up in Ministerial duties -- mean that Dame Lois will now speak in the House of Assembly on matters affecting Parliament and judiciary rather than Ms Smith.

Government spin-doctors were yesterday unable to provide answers to questions on why the latest change in Ministerial responsibility was made. Dame Lois could not be contacted for comment.

But -- in line with a secret review of the Civil Service leaked to the media -- the changes appear to be part of the review's recommendation to rationalise the structure of Ministries.

The moves were announced in a four-line announcement in the Official Gazette.

Mr. Barritt said: "I don't think we were supposed to notice. That's why it was stuck in the official Government gazette and there was no announcement.'' Ms Smith last month announced sweeping shifts in the Cabinet set-up, with more power being concentrated in her own office.

Cabinet Office took over several areas -- including Government Information Services -- from Terry Lister's Development and Opportunity Ministry, as well as gaining Statistics and Archives from Milton Scott's Education Ministry.

Environment, under Arthur Hodgson, gained parks from Dennis Lister's Youth and Sport and the Railway Trail from Minister of Works and Engineering Alex Scott.

John Barritt