Calls for tougher legislation to tackle fraud have been repeated in the light of the Smith case.

Consultant to the Department of Public Prosecutions Kulandra Ratneser indicated in August 2004 that more people might have been charged over the BHC scandal if Bermuda had modern anti-corruption legislation.

The Police also said that the evidence gathered under the existing laws ? which are nearly 100 years old ? was not enough to accuse many of more than simply bad ethics.

Premier Alex Scott, asked at that time whether he would include moves to change the outdated laws in his Throne Speech in November, told this newspaper: ?We hope to have it well under way before that.?

Later that month, he said: ?We will be asking the Attorney General?s department to examine existing legislation to determine how it can be changed to reflect the times in which we live. We look forward to their recommendations.?

In January 2005, Auditor General Larry Dennis backed revising the Criminal Code regarding corruption and also recommended ?whistleblower legislation? be enacted to protect those who inform the authorities about suspected fraud.

However, Mr. Ratneser told that the Criminal Code has not been updated to encompass the type of legislation he referred to in his earlier comments.

?The modern legislation relating to public servants from the PM downwards are subject to a process called secret commissions. In other jurisdictions such as Australia, Hong Kong and most of the Western countries these are defined in a different way,? he explained. ?If you are a public servant, and if you are involved in a contract and you receive some form of financial assistance from the contractor, you are determined to have accepted that corruptly.

?This throws the burden of innocence over the transaction on the recipient of that money to prove that it was not received corruptly. It?s not only the public servant who would be guilty but also the person who gave the money to the public servant.

?We don?t have that type of legislation here, and you have to establish that it was received corruptly. There were other (BHC-related) matters that were presented to me and if we had that law possibly there might have been others who would have fallen foul of it. There was no evidence in this case of any crime as we know it in Bermuda but if the law was different there would have been further investigations done.?

Former United Bermuda Party leader Grant Gibbons called for anti-corruption legislation during a speech in the House last June.

?Corruption is costly morally, but it is also costly because it diverts the resources of Government away from those most in need. Corruption really impacts those who can least afford it,? he said at the time.

Speaking in the light of the Smith case, he said: ?Other jurisdictions from Canada to Jamaica to Australia have all moved to put in place anti-corruption legislation. I don?t think this issue is being taken seriously by the Government and I think changes to our criminal code are long overdue.?

John Barritt, Opposition House leader, has tabled a motion on ?whistleblower legislation?, which establishes a procedure for the disclosure of wrongdoings in the public sector and includes steps to protect those who disclose them. This will be discussed in the House when it reconvenes in May. He said: ?This is one of the standard features of modern legislation and unfortunately we are behind.?

Mr. Barritt added that he was disappointed that the recent changes to the criminal code bringing it up to date regarding theft and bladed weapons appeared to have overlooked this issue.

However, Shadow Attorney General Trevor Moniz said of the BHC inquiry: ?I don?t buy the argument that the sword is not that sharp. An investigation was done and it was decided that it would be difficult to get a prosecution and everything was whitewashed. It?s not that hard.?

Auditor General Larry Dennis declined to give his views on the issue. However, he told that his annual report is set to come out as soon as Parliament reconvenes in May.

?I may have made a comment. I?m looking forward to it (the legislation),? he said.

Mr. Scott did not respond to calls for comment.