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Judge retains a curiosity `about everything'

image of a well-bred Englishman swept to high office on a wave of class and privilege.But it's a stereotype Judge Stephen Tumim is likely to wince at.

image of a well-bred Englishman swept to high office on a wave of class and privilege.

But it's a stereotype Judge Stephen Tumim is likely to wince at.

In fact he has little time for the airs and graces -- and, yes, pomposity -- associated with English judges.

"I think there's always a danger of being smug and patronising,'' he said, with a slight wave of the hand.

"As I get older I get more tolerant, and I retain a curiosity about everything. I believe it's very important to be curious about what makes people tick.'' Judge Tumim, buoyant, good-humoured, and with a passion for books and painting, has found plenty to be curious about in Bermuda.

Spearheading a probe into the Island's much-battered criminal justice system presents quite a handful.

But it's a task the 62-year-old has taken on with characteristic energy, and, not least, optimism.

"Mine is really a plumbing job. I can make recommendations, but it's really up to Bermuda to decide what it wants to do with its prisons,'' he said.

A recent experience in England will stand him in good stead.

When rioting erupted among prisoners in Manchester and Bristol he played a key role in the inevitable review.

Bearing the grand title, Her Majesty's Inspector of Prisons in England and Wales, he pinpointed a vital flaw.

"There were bad communications between prisoners and prison officers. There was a lack of explanation about why certain decisions were made.

"If a person, for instance, is refused parole he should be told why.

Otherwise it can lead to tremendous frustrations building up.

"I believe this is a lesson that can be learned here, although I have generally been very impressed with the prison service.'' He added, reflectively: "I think I would rather be a prisoner in Bermuda than Britain.

"To be locked up in a gloomy, overcrowded inner city prison would be incredibly depressing.'' Born on August 15, 1930, the young Tumim's career path seemed virtually mapped out.

His father, the late Joseph Tumim, CBE, being a barrister, it was natural he should follow suit.

After studying law at Oxford and being called to the Bar in 1955, he practised contract work, particularly in show business and the arts.

It was a colourful role which introduced him to the `60s rollercoaster of pop.

At various times, he acted for The Who and its lead guitarist, Pete Townsend, and members of the Beatles.

"It was an interesting combination of law and personalities,'' he recalled.

In 1978, the fast-rising lawyer became a Circuit Judge in London, specialising in race relations and civil work.

From the glamour of pop, he was suddenly plunged into the underworld of North London's poor and deprived.

It was the perfect chance to satisfy his curiosity about human behaviour.

And it also highlighted a natural tendency to gravitate towards the more vulnerable.

This was, perhaps, strengthened when two of his three daughters, Emma and Olivia, now in their early 20s and forging careers as designers, were born stone deaf.

Although Judge Tumim denies it had any psychological effect, it did lead him to become Chairman of the National Deaf Children's Society.

He also became a president of a mental health tribunal in 1983.

"I don't believe I am any more compassionate as a result, but my work in North London was immensely interesting, and I came into contact with the Afro-Caribbean community,'' he said.

"Being a judge trains you to be good at assessing characters fairly quickly and accurately.

"This is something which is very useful for what I'm doing now.'' Surprisingly, before he was appointed to his present position in 1987, Judge Tumim knew nothing about the prison service or criminal law.

"I was brought into the job because I was an independent, and could be objective.

"My job is to inspect prisons and to advise ministers what to do about it.'' Interestingly, being attached to the Home Office, his job introduced him to Lord Waddington, Bermuda's next Governor.

And for those holding their breath, he says reassuringly: "I think he will do a very good job. I believe he is very suitable.'' Judge Tumim went on to draw a big distinction between the roles of prisons and courts.

"The judge's role is to punish and make a statement for the public benefit.

"The business of the prison is quite different. It is to look after prisoners with care, and help them lead law-abiding and useful lives.

"The ordinary small-time crook, for instance, needs to be trained in skills for living, and behaving, and very often needs to be weaned off drugs and drink.'' Judge Tumim believes a move towards community service and probation is crucial for reducing Bermuda's prison population. It would also be a big money-saver.

This is likely to be a key recommendation in his report to the Premier.

One of the Island's striking problems, he believes, is brought on by rigid traffic laws.

"Many young people come into contact with the law for the first time when they get a bike.

"I think this has an effect on the culture. It creates bad relations between people and the Police.

"Bermuda is particularly vulnerable because it's a small country, and overcrowded.'' Judge Tumim, who is being helped by a strong back-up team, is aware of the pitfalls of his task, and reluctant to venture too far on the subject of race.

He admits, however, the Island's racial background would be reflected in his review.

"I think there is a history of tensions in Bermuda, and you don't just get rid of them in 30 years. It takes a lot of time.'' To compile his report he has spoken to politicians, sat on a magistrate's bench, and plans to interview prisoners.

"I really hope my review will act as a signpost. It won't be long and waffly, it will be short and to the point.

"It will be done in four weeks, and should be ready in about mid-September.'' And his next project? Judge Tumim, who has already written two books, "Great Legal Disasters'' and "Great Legal Fiascos'', is planning a third, perhaps even an autobiography.

He has jokily pencilled in a title "Wandering Abroad'' -- a jibe at one of Bermuda's more bizarre offences.

"It's really quite a mad offence. I mean I love wandering abroad!'' he exclaimed.

Judge Tumim will join a panel of speakers at a public forum tonight on "Justice and The Prisons -- Have We Got It Right?''. It takes place at St.

Paul's Centennial Hall, Court Street, Hamilton, between 7.30 p.m and 9.30 p.m.

JUDGE Stephen Tumim --"Mine is a plumbing job.''