Attorney General Lois Browne Evans booted out of the job because she is too old.

The UBP launched a challenge based on age limits for Attorney Generals contained in the Constitution.

One section says Attorney Generals must retire at 65 -- or 70 if agreement is reached between the Premier of the day and the Governor.

But another section rules that if a political appointment is made, the section on age should be read as applying to the Director of Public Prosecutions, who must be appointed to handle criminal work to avoid possible conflicts of interest.

And an injunction filed by Opposition leader Pamela Gordon was knocked back by Puisne Judge Vincent Meerabux at a hearing held in private yesterday evening.

Mrs. Browne Evans, who is 71, said she got a call from ex-Attorney General Saul Froomkin, who acted for the UBP, last night -- and assumed it was congratulations on her new job.

But she said: "He told me he was going to take out an injunction against my appointment.'' She added: "I'm very happy -- I got a call later from my lawyer Ian Kawaley that they had lost.'' Premier Jennifer Smith said she was not aware the hearing had taken place.

But she said: "I'm not surprised at the result -- what I am pleased about has been the public reaction to Mrs. Browne Evans' appointment.'' Ms Gordon said: "What we wanted was a declaratory judgment in interpreting the Constitution.'' But the UBP may go back to court to seek a ruling on whether Mrs. Browne Evans will be paid at the Civil Service Attorney General's salary of $120,000-plus a year, or whether the new DPP will get that with Mrs. Browne Evans drawing a Minister's salary.

Ms Gordon said: "We wanted to ensure the interpretation on age was correct and that the people of Bermuda would be well served.'' And she said the UBP acted before the official swearing-in to ensure the PLP's interpretation of the Constitution was correct.

"If it wasn't correct, we wanted it addressed before it was an issue.'' News of the court battle came as John Barritt, Mrs. Browne Evans Shadow in her previous role as Legislative Affairs Minister, slammed her for "taking a swipe at the Governor'' over the delay in appointing a full-time Director of Public Prosecutions.

Mrs. Browne Evans also signalled a Bermudian should be appointed to the DPP's job.

Injunction rejected A DPP must be appointed to handle criminal work if the AG's post goes to a politician -- but the Governor is set to have Solicitor General William Pearce hold the job on an interim basis.

Mr. Barritt said: "I think it's right and proper to take time and not to rush things.

"Because this is new, if you're going to separate, wholly separate, the post of AG from the post of DPP -- and it's a big if -- the Governor must look for someone who is independent-minded and with experience.'' Legal insiders have already tipped Senior Crown counsel Khamisi Tokunbo for the job -- but some lawyers questioned his political impartiality.

Mr. Barritt challenged Government to produce a code of conduct to govern the relationship between the two new-style posts.

He added: "It seems to me Government already has somebody in mind -- the new Attorney General should come clean and if Government does have somebody in mind, they should come clean.

"And if they have, we're off to a wrong start because we're talking about political interference already.'' Mr. Barritt said he was "all for'' Bermudianisation of the legal profession, adding: "We don't just want the best Bermudian available, but the very best Bermudian.