January 28, 2015

Dear Sir,

I wish to offer a view on the debacle concerning the reappointment of the incumbent non-Bermudian Director of Public Prosecutions (DPP) over a learned, qualified and expert Bermudian prosecutor.

I wish to state quite emphatically that the issue, the fault if you will, is with the Governor.

The Governor has erred twice, the first time most egregiously and the second time with unashamed bias.

The Governor now has trifled with Bermuda’s history twice over in this particular appointment.

Why?

The simple reason is that the Governor has the power so to do without any regard, whatsoever, as to the proper, legitimate and historically-founded wishes of the Bermudian people.

This infernal power is given to the Governor by the Bermuda Constitution Order 1968 that conveys “reserve powers” to the Governor.

What these powers mean is that whenever there is a difference of view, and of historic consequence, between Bermuda and the Governor, the Governor has unilateral and unchallenged power to decide against the legitimate and historic wishes of Bermuda’s people.

The renewed non-Bermudian DPP neither appointed nor reappointed himself. The Governor did so. It is the Governor who has full responsibility and accountability for that most questionable decision — twice over now.

Further, it has happened before under this Governor — the appointment of a non-Bermudian Regiment Commander over a Bermudian. And it could happen again because the Governor has that unilateral power.

Neither our Parliament nor our Courts can veto a wrong decision by the Governor.

I am for Bermudians and for Bermuda. I am for a Bermudian DPP.

If we do not take full charge of the future for our people, then sometimes the fate of our children’s and grandchildren’s future and will be someone else’s call.

Regiment Commander, DPP ... who next? Will the right and proper aspirations of Bermudians to occupy all of the senior posts in the public sector be at the risk of an arbitrary, negative decision by the Governor? Such decisions are both reprehensible and untenable.

Perhaps it is time to be rid of those “reserve powers”.

A SCOTT, Sandys