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Call for Smith to `come clean' over AG's role

Shadow Legislative Affairs Minister John Barritt last night called on Governor Thorold Masefield to investigate claims of "political interference'' in the Department of Public Prosecutions (DPP).

Mr. Barritt spoke after The Royal Gazette reported that former senior Crown lawyer Peter Eccles claimed political influence was being brought to bear on whether criminal prosecutions should be brought against people involved in pyramid schemes.

Mr. Eccles said he was alarmed that the politically-appointed Attorney General (AG) Dame Lois Browne-Evans was asked by Premier Jennifer Smith for an opinion on whether the schemes were illegal.

He said the AG had no constitutional role in advising on criminal prosecutions, which was the sole responsibility of the DPP and his staff.

Mr. Eccles, who had already prosecuted a pyramid scheme on the Island, gave an opinion that the schemes were illegal and said he could not understand why Dame Lois was trying to "second-guess'' his opinion.

He said the Progressive Labour Party Government was under pressure to make the issue go away because the schemes were popular, particularly in the black community, and it appeared to be "shopping around'' for a favourable opinion.

Mr. Barritt, who raised similar concerns when it was revealed in February that the AG was offering an opinion on the schemes to the Cabinet, said the Premier and AG should "come clean'' about what happened.

And he called on the Governor, who is responsible for ensuring the DPP's office runs free from interference, to bring the Premier and AG to account and ensure the people of Bermuda that no one was tampering with the prosecution of criminal cases.

Dame Lois refused to comment on Mr. Eccles' claims on Monday, saying her remarks would not be printable. The Premier could not be contacted for comment last night.

Barritt backs Crown lawyer -- Page 3 Smith should `come clean' Mr. Barritt said: "It falls to the Governor, as he has responsibility under the constitution for the appointment of DPP and overall responsibility to ensure that that office is working without interference, to call the Premier and the AG to account, even if they decide to give an explanation themselves.

"The Governor has to explain to the people of this Country exactly what happened and assure people that systems are in place to ensure this won't happen again,'' he added.

"In other countries, this could be cause enough for resignations. In the absence of an explanation, I'm almost tempted to call for one, but I'd very much like to hear a credible explanation.

"I hope it is not the case that all we get is silence in the hope that people will forget about it. This is not good enough,'' said Mr. Barritt.

"I raised concerns about this months ago when I first learned about the Premier's decision to obtain an opinion from the AG about these schemes.

"I asked a number of questions publicly and in Parliament and there has been nothing but silence,'' he said.

"Now we have a former senior Crown counsel echoing the concerns I put at the time and he lays out clearly the fact that the asking for an opinion is trying to bring political interference to bear in whether people will be prosecuted for pursuing pyramid schemes.

"He felt he was trying to be muscled and I agree with him. The Premier and the AG need to come clean with the people of Bermuda and tell us what went on and why.'' Said Mr. Barritt: "As an attorney, as a politician and as a member of the public, if this is allowed to continue now and in the future, in any number of hot issues where Government may want to take a line, they ought not to pursue that line by interfering in criminal prosecutions in this Country.

"This is of concern and it is an alarming trend. If this happens, our worst fears in opposition will be realised about the appointment of a political AG.

That is, interference in criminal prosecutions that seriously erodes the integrity and independence of the DPP's office.'' Mr. Barritt pointed out that the United Bermuda Party called for clear job description and code of conduct when the position of politically-appointed Attorney General was created.

He added: "It is extraordinary that when The Royal Gazette asked the AG for an explanation what they got was some kind of thinly veiled insult. Let's deal with the issue. That's why they have to be called to account.'' Last night Acting Governor Tim Gurney said: "We are aware of Mr. Barritt's concerns as he contacted me today. It is something I will discuss with the Governor as soon as he returns to the Island.''