The Premier's lawyer has threatened Opposition Leader Kim Swan with legal action for saying that<\p>Dr. Ewart Brown "broke the law" by resettling the Guantanamo Uighurs without consultation.

Dr. Brown's attorney Wendell Hollis wrote a letter to Mr.Swan demanding he retract his remark, said during a ZBM news broadcast on June 24. Mr. Hollis accused Mr. Swan of "serious libel" in the undated letter, forwarded by the Opposition Leader to the local media yesterday.

Mr. Swan has fired back, refusing to retract his comments and standing by his remark.

"Dr. Brown breached the terms of Bermuda's Constitution when he conducted those negotiations," he said in a statement. "In my view, a breach of the Constitution is a breach of the mother of all Bermuda's laws."

In his letter to Mr. Swan, lawyer Mr. Hollis called the Opposition Leader's comments "defamatory and libelous", adding that he made the statement outside the House of Assembly, therefore cannot claim a position of privilege.

"The Premier committed no offence and broke no laws in so far as he was involved in this matter," Mr. Hollis said. "In the circumstances your remarks are therefore untrue."

A spokesperson for ZBM, the station that aired Mr. Swan's comment, said they had received no letters threatening legal action.

Governor Sir Richard Gozney, who has publicly criticised the Government's contravention of the Constitution, said he had not received a letter from a lawyer.

"I have made clear publicly and I repeat as necessary that in bringing to Bermuda the four ex-detainees from Guantanamo, without consulting the British Government on a matter which clearly and directly affects foreign affairs as well as immigration, Premier Dr. Brown's Bermuda Government contravened the Bermuda Constitution," Sir Richard said last night. "The fundamental importance of that Constitution is, I think, clear to all of us."

Dr. Brown did not respond to a question from The Royal Gazette as to what further legal action he intends to take if Mr. Swan does not retract his statement.

Mr. Swan has taken legal advice, but says he will not be "silenced".

"In my view, Dr. Brown has taken this legal action against me to shut me and others in the the Opposition United Bermuda Party up," he said. "I have no doubt that it won't be long before he takes similar action against the press for repeating the kind of allegation I made. I think he hopes to silence all opposition to his action by this method.

"But I believe I have a responsibility to the people of Bermuda to oppose the Government when it misbehaves, so I will not be silenced."

Meanwhile, Attorney General Kim Wilson has been accused of putting party politics over her role as legal advisor to the Governor.

Former Attorney General Phil Perinchief believes Sen. Wilson's legal opinion that the decision to allow the four Guantanamo detainees relocate to Bermuda was within the remit of the Minister of Immigration has put her in conflict with the Governor, who has stated the Uighur issue falls under foreign policy and his authority.

Yesterday, Mr. Perinchief said he was "mortified" by the current Attorney General's statements in the Senate: "She has allowed her political role to overshadow her legal obligation to the Governor.

"When you are the Attorney General you are the Attorney General of the country and you have to be extremely objective."

Mr. Perinchief said Sen. Wilson was the political legal advisor to the Government in her role as Minister of Justice but she was also the legal advisor to the Governor in her role as Attorney General.

"She has put them into conflict," he stated.

He also disagreed with the Senator's view the Minister of Immigration has the remit to decide who resides in Bermuda as the Uighurs do not fall into any of the existing classifications apart from asylum seeker.

Mr. Perinchief believes the Governor's permission must be obtained before a Minister can grant someone asylum.

Opposition leader Kim Swan added that he was "shocked" that Sen. Wilson, the most senior law officer in the country, believed the issue was a domestic one.

He said "In the Constitution, the conduct of foreign affairs is one of the reserved powers. Negotiating with the American Government over the settlement of the detainees would have required a written waiver from the Governor and approval from the UK Government.

"There was obviously no such approval. The Premier has no wiggle room whatever."

He added "It is the Constitution the Premier violated. That is the no less than the foundation of Bermuda's law. A breach of the Constitution is the most fundamental breach of the law."