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Keep courts and politics separate - Arthur Hodgson

Judge: Former Environment Minister Arthur Hodgson

Arguing the merits of keeping the judiciary and executive branches of government separate, ruling party backbencher Arthur Hodgson called on lawyers in the House of Assembly not to engage in public criticism of court decisions and to agree limits on public speech on matters affecting their profession.

Mr. Hodgson noted that there was no separation of powers between the legislature and the executive arm of government as in the United States.

"But we do have separation between the courts and the legislature and for that reason we should make an effort to keep some distance," he said.

His comments came in the wake of the controversial Tekle Mallory murder trial in which no one was found guilty of murder and recent criticism by UBP politician and lawyer Trevor Moniz of the judicial system and the Department of Public Prosecutions.

The former magistrate pointed out that in that role he made an effort not to criticise the legislature for the laws made.

"But in this body I think we should try to keep arms length from the court system," he said. And recalling a recent court case in which a judge criticised a decision he had made as Environment Minister he said he had received many calls urging him to attack the judge's decision.

But "we have to keep a respectful distance," Mr. Hodgson said.

"I appeal to members of this House particularly those that are in the legal profession and in particular those who hold positions by virtue of being in the legal profession, to show some deference to those who are concerned with the court system," he continued.

He said it was "unprofitable" for a legislator to criticise as too lenient punishment meted out by a judge when he was merely exercising the discretion given him by the law.

"Don't say the magistrate should have used his discretion then criticise him for using his discretion."

He said professionals should use their knowledge of their profession to enlighten.

And Mr. Hodgson said that in criticising the Attorney General's chambers and the DPP the Opposition should not be "defaming all the lawyers" in those offices simply because they disagree that there is a politically appointed Attorney General.

"I don't think it is appropriate. I think we have got to keep the debate to a higher level," he said. "We have lift ourselves above personalities."

He said: "Lawyers on that side should join with lawyers on this side to develop an understanding of what lines we are not going to cross."

Two high profile cases, including the Justis Smith trial for the murder of Canadian teenager Rebecca Middleton, could be criticised as a "matter of law, besides anything the prosecution did," he said.

"But we're not hearing that. And I'm glad we're not, but neither should we be picking on the office of the Attorney General and certainly we should not be picking on the DPP."

Shadow Legislative Affairs Minister John Barritt had complained that the politically appointed Attorney General was directing the office of the DPP who is appointed by the Governor and is constitutionally protected from political interference.