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Sir John breaks silence

to call on Governor Thorold Masefield to quickly appoint a politically independent Director of Public Prosecutions.

Sir John also said he was deeply concerned by a decision by Government not to prosecute operators of gambling machines despite an opinion by the Attorney General's Chambers that the machines were illegal.

In an exclusive interview with The Royal Gazette , Sir John said the decision showed that there was political interference in the prosecution of crimes -- which he said was illegal under the Constitution.

Sir John said delays in the appointment of a DPP -- whose position was created when Government appointed veteran MP Lois Browne Evans as Attorney General -- meant that the acting DPP, Solicitor General William Pearce, was politically compromised.

"The Director of Public Prosecutions is the one and only person whom our Constitution says has the authority to decide whether or not to proceed with criminal proceedings without political interference,'' he said.

"Our Constitution also makes provision for a Solicitor General whose job it is to advise Government on all legal matters and is subject to a certain amount of political direction.'' He added: "At the moment the Solicitor General, who is an advisor to Government is the acting Director of Public Prosecutions, therefore he is unable to act without some political interference and the decision as to whether the law is being violated is being clouded by the pronouncements of the politicians.

"The prevailing attitude on the question of illegal gambling seems to be that it is acceptable to break the law and we will fix it by letting those who have broken the law continue and we will protect them by no prosecution.

"When there was an outcry as to how the legal system was treating our young people, the politicians said that they were in no position to interfere as it was a matter for the judicial system, but now (they) seem to contradict this when it comes to white collar crime. Does the Government endorse two different sets of legal standards? Page 3: Sir John urges people to speak out Former Premier breaks four-year political silence "I therefore call upon the Governor, who has the responsibility in the appointment of independent office holders, such as the Director of Public Prosecutions, to proceed with the appointment of someone who has no political affiliation and has established a record of competence and experience and is capable of acting independent of any political interference, so that justice is not only done but is seen to be done.'' Sir John, who resigned as Premier and leader of the United Bermuda Party in 1995 after voters rejected Independence in a Referendum, said he was breaking his political silence because he was concerned that the due process of Government was breaking down.

He said he believed there was a consensus that gambling is illegal except for certain authorised games. And he said if the Gaming Act could not prohibit the machines, the Liquor Licensing Authority could.

"The Government appears to have taken a decision not to prosecute which is not its role,'' he said. "It is the role of the Director of Public Prosecutions to look at the law and determine if there appears to be a violation of the law and to take such appropriate steps to ensure there is compliance by the law and, the action must by the Constitution be unfettered.

"In other words there is to be no political interference. The Legislature, by way of the Premier and the Cabinet, or by a private member's bill, can make changes in the law but not try to control how or when it is enforced.

"Now that the role of the Attorney General has changed to that of a politician, it becomes imperative as written in our Consituation under section 71A that the Director of Public Prosecutions must not under any circumstances be directed by a politician, only by the laws of the land.'' Sir John added: "Nothing has incensed me more since leaving office than this.

It is not the size of the issue but the principle.'' Sir John, 64, said his statements did not mark the beginning of a political comeback and he said he had no intention of taking up a formal role in politics.

And he denied that his motivation had anything to do with his efforts to bring McDonald's restaurants to the Island -- a move opposed by the Government and defeated in the courts by the Attorney General's Chambers.

"I am not criticising any individuals in the Attorney General's Chambers,'' he said. "This is a fundamental issue which affects the lives of everyone in the community and sends the wrong signal to young people and the outside world.'' But he said he would continue to speak publicly for as long as he thought Bermuda's well being and image were being threatened.

Sir John Swan