An urgent probe should be held into a row over the handling of an assault charge against former Progressive Labour Party candidate Rodney Smith.

Opposition Legislative Affairs spokesman John Barritt suggested this yesterday. And it is understood the Opposition have written to Governor Thorold Masefield, asking for an inquiry into claims prospective Director of Public Prosecutions Khamisi Tokunbo attempted to influence the handling of the case.

Mr. Barritt said: "We view with serious concern the disconcerting and disturbing reports in The Royal Gazette .

"And what gave us most concern were the remarks by the magistrate involved that someone, somewhere along the line tried to interfere.

"For a magistrate to make these comments is astounding -- and it warrants an independent investigation to find out who these people were, what form the interference took place and to what end.'' Last night, Deputy Governor Tim Gurney appeared to signal that a probe was likely to be held into the affair.

Governor may order probe into Tokunbo affair He said: "All I can say at the moment is we're looking into it.

"It's obviously of concern, but we have only heard one aspect of it.

"We need to see what has happened and give all the parties an opportunity to explain.

"We need to make sure that everybody has an opportunity to explain what has happened to disperse any concerns that may hang on this case.

"This may best be done by asking for a review -- but we're still looking into that.'' Mr. Barritt spoke out after legal insiders claimed Mr. Tokunbo -- who works in the civil section of the Crown prosecution service -- tried to interfere in the handling of the case.

And a pupil barrister -- concerned over the case -- is understood to have obtained independent legal advice over the affair.

Crown counsel Leighton Rochester -- who on Monday appeared in the case against Mr. Smith, who was accused of assaulting a former tenant -- is believed to have contacted Government House to express his concern over being landed with the case.

The case was originally set down for December 1.

But it was brought forward to Monday, when Mr. Smith told the court that he understood the case would be "dispensed'' with and that he would be bound over, which would avoid a conviction being recorded against him.

Mr. Rochester, however, told the court he had no knowledge of that and asked for the case to revert to the original trial date.

On Tuesday, the case was handled by Crown counsel Larry Mussenden.

Magistrate Archibald Warner bound Mr. Smith over for 12 months -- but stressed he had reached his decision based on the facts and that the courts were independent.

But he added: "Somewhere along this process somebody tried to interfere with this process.'' Mr. Barritt said: "There should be a full investigation -- it should be independent and prompt. What we want to do is preserve not only the integrity, but the dignity of the criminal justice system in Bermuda.'' He added that an outsider, but with judicial experience, should be brought in to chair the inquiry.

Mr. Barritt said: "This needs to be sorted out so it doesn't continue on -- this has got people asking what went on and how it was allowed to go on.

"The more we hear the more disturbing it gets.'' And he added that Mr. Tokunbo -- set to be confirmed as DPP -- should have his appointment put on hold, pending the outcome of a full probe.

Mr. Barritt said: "We cannot possibly go forward with this state of affairs hanging over us.

"We're moving in a new direction with a political Attorney General and a Director of Public Prosecutions.

"It's absolutely vital, and I've said this in the House of Assembly, that the person appointed be strong-willed, independent and with a strong background in the criminal law.

"The person should not only be free of a political connection, but be seen to be.

"This is the sort of thing we don't want.'' But Acting Director of Public Prosecutions William Pearce yesterday denied influence had been used in deciding how to handle the Smith case.

He said he had looked at the file last week and decided that if Mr. Smith pleaded guilty, the Crown would not oppose a request for him to be bound over -- a position Mr. Smith was advised of.

Mr. Pearce added: "I can state unequivocally for the record that there are no facts whatsoever to support the allegations contained in the article that the handling of the prosecution of Rodney Smith was in any way, shape or form politically influenced by Khamisi Tokunbo or anyone else and the person who made these serious allegations should come forth and be identified.'' Attorney General Dame Lois Browne Evans stressed that the Director of Public Prosecutions office was a separate body from her own chambers and she would not be involved in the row.

Dame Lois said: "I'm going to see that the roles are separated so people know the difference.

"When I was appointed, it was made clear I would have nothing to do with the prosecution of people.'' But Dame Lois added that "people settle cases all the time'' and she was convinced "there is nothing untoward going on''.

And she said: "Somebody's trying to make mischief -- and I'm going to find out who it is.'' Attorney General Dame Lois Brown Evans: `Somebody's trying to make mischief.'