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Wade warns of constitutional crisis

yesterday after the House Speaker referred the dispute over Dr. Ewart Brown's eligibility to sit as an MP to a Parliamentary committee.

Speaker the Hon. Ernest DeCouto announced that he had called "an exploratory meeting'' of the Rules and Privileges Committee for next Friday to discuss the Dr. Brown matter.

But Mr. Wade said he and other Progressive Labour Party members would not attend.

The Royal Gazette reported on June 8 that Dr. Brown -- who obtained American citizenship in 1990 -- was elected in Warwick West in 1993 in apparent breach of Bermuda's Constitution.

The Constitution says that anyone who has pledged allegiance to a foreign power is ineligible to seek election as an MP.

Since the story appeared, Bermuda lawyers have offered conflicting opinions as to whether Dr. Brown's election was valid. While Premier the Hon. Sir John Swan has called on Mr. Wade to ask the PLP MP to resign, Mr. Wade has said his party is prepared to defend in court its position that Dr. Brown was elected legally.

Mr. Wade said the Constitution makes it clear that only the Supreme Court can rule on whether an MP was validly elected. Mr. DeCouto "had no constitutional or legal right'' to refer the matter to a Parliamentary committee, he said.

"Any attempt by this House to usurp the power of the Supreme Court or to contravene the Constitution is going to precipitate a constitutional crisis,'' he said.

"We will not be attending any meetings to give any credence or any assistance to any...meetings of the Rules and Privileges Committee.'' Mr. DeCouto had called on the Premier, Mr. Wade, Deputy Premier the Hon.

Irving Pearman, Deputy Speaker Mr. Tim Smith, and Mr. Walter Roberts of the PLP to attend the meeting in his chambers at 10 a.m. next Friday. "The forces of evil are continuing to weave their treacherous web,'' Dr. Brown said during the Motion to Adjourn. "Go ahead and execute phase one.'' Warwick West constituents "have elected me and I intend to serve you,'' Dr.

Brown said.

Mr. DeCouto said the "forces of evil'' remark had to be a reference to him as Speaker, and he called on Dr. Brown to withdraw the remark, because it imputed improper motives to the chair.

But Dr. Brown denied his comment was directed at Mr. DeCouto. "I was talking about those people who are determined to turn back the election which I successfully ran in 1993 and have led a campaign through the media to influence members of this House and the Attorney General to try to unseat me.'' Mr. Wade said if a majority of the House was allowed to rule on the eligibility of MPs, then before long "the House would only have one side to it''.

He called on the Speaker to seek legal advice, either through the Attorney General's Chambers or from a lawyer paid for out of the Speaker's budget.

It would be "wrong for this House of Assembly to guided by the The Royal Gazette ,'' he said.

The Premier also voiced concern that the complaint would be launched on the basis of a newspaper article.

Mr. DeCouto said he was expecting a letter from Dr. Brown detailing his position.