Defence lawyer and Senator Larry Mussenden hit back angrily yesterday at criticism he received for missing a court date, suggesting some Crown prosecutors are attacking him because they are jealous of his success rate.

And he said some in the criminal justice system were trying to undermine defence lawyers with “inflammatory” comments.

Sen. Mussenden was attacked in Supreme Court on Monday by Assistant Justice Archibald Warner and Crown counsel Vinette Graham-Allen after two trials had to be adjourned because defendants did not have lawyers.

Sen. Mussenden was on the record as the lawyer for alleged drug dealer Lincoln George Brown, but he was not in court for the trial as he was overseas.

He told The Royal Gazette yesterday he contacted the Director of Public Prosecution's office before he left Bermuda on October 7 to find out if the trial was going ahead, but didn't get a reply.

The court heard on Monday Mr. Brown had not paid his legal fees. But the court records still showed Sen. Mussenden as his lawyer and the court was not informed he would not be representing him.

Mr. Justice Warner said the justice system would collapse if defence lawyers didn't co-operate by telling the court if they could not represent clients, and he was frustrated that more and more cases were being adjourned.

Ms Graham-Allen said defence lawyers had to abide by the ethics of the profession and notify the court if they could not defend a client.

“When will all this stop? It seems to me this is happening in the Supreme Court of Bermuda over and over and over again,” said Ms Graham-Allen on Monday.

“There must be some stop to this situation. If Crown counsel knows they are not placed in a situation to represent someone when a trial date has been fixed, we would expect some form of communication. We have ethics of our profession and we are expected to abide by them.”

Yesterday, Sen Mussenden told The Royal Gazette: “Perhaps Crown counsel seems to be upset about how well I represent my clients, but I am not surprised about some comments coming out of chambers, and my hope is that such standards improve.

“I contacted the DPP's office before I left the Island on October 7 to see if my case was going to proceed and I never got a reply from any Crown counsel and it is common practice that we are informed what case will proceed.

“It would be unfair to me if my case was de-listed and I would have my week blocked out with no clients and no cases.

“I find it less than satisfactory the comments that were made in relation to this matter that were reported in The Royal Gazette.

“I have spent an enormous amount of time in all the courts of Bermuda, and I don't appreciate remarks that came from Crown counsel which didn't seem to help in any way.

“I am concerned about the remarks of some Crown counsel about what goes on in the justice system of Bermuda, which seems to be a common complaint from some of them.

“I am starting to realise that there are a number of people involved in the criminal justice system who will take any chance to undermine the work and reputation of criminal defence lawyers, of which there are only a few, and for those people, I would suggest they step back a bit and consider what they do to the profession when they make such inflammatory remarks about defence counsel.”

The comments on Monday were made while the jury panel sat in the courtroom waiting to be selected.

Sen. Mussenden added: “Most of what I read probably did not have to be said in open court and I am alarmed that the (comments) were said in front of a jury panel in front of whom defence counsel will be expected to conduct trials in the near future.”

The Bermudian lawyer appeared to take aim at Mr. Justice Warner being from Barbados and Ms Graham-Allen coming from Jamaica.

He said: “As a born Bermudian lawyer, I take great offence to some remarks which seem to undermine my practice when in fact I owe and perform a high duty to my clients and the courts.”

Ms Graham-Allen could not be contacted for comment yesterday.