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Bermudians urged to apply for jobs in AG's

Bermudians should get their resumes in for up to six jobs held by non-Bermudians in the Crown prosecution service, Attorney General Dame Lois Browne Evans said last night.

Dame Lois added: "So many on the DPP's side are non-Bermudian and this year and next year there are no less than six of them whose contracts are due to end.'' Ms Browne Evans said she had noticed "unease'' among Bermudian lawyers on whether some, or all, of the contracts would be renewed.

But she added she was inviting any Bermudians who were struggling in the cut-throat private sector, where commercial law was dominated by big firms and criminal law did not generally pay as well, or those who liked the public sector, to get their applications in.

She said: "I'm inviting them to apply and help Bermudians -- and give our young people something to aim for and say `one day I'll be the DPP, the senior Crown counsel or senior prosecutor'.'' Dame Lois was speaking as MPs debated the Budget allocation for non-Ministerial departments -- which includes the Cabinet Office, the Attorney General's Chambers and the Director of Public Prosecutions Chambers.

Opposition Legislative Affairs spokesman John Barritt said that Government had failed to make a clear distinction between the Attorney General, who should handle civil cases and advise Government, and the DPP's Chambers, which should be solely responsible for prosecuting crime -- clearly spelled out in the Constitution.

But he pointed out that the DPP's budget was "a line heading'' under the Attorney General's Chambers.

And Mr. Barritt insisted: "I'm going to suggest at the very least, that's wrong and that we're running the risk of offending our Constitution.'' He added that Dame Lois' own salary still appeared as a public officer -- but that, as a political appointment, it should be included in MPs and Minister's salaries.

Mr. Barritt said: "That's wrong and offends our Constitution -- it should appear along with officers of the Legislature.'' And he asked Minister of Finance Eugene Cox to explain why the AG's money was not where it should be and why she appeared to be paid out of the AG's budget.

Mr. Barritt said: "If so that's unconstitutional and we on this side can't possibly support the vote.'' He was speaking after Dame Lois complained that people had difficulty separating her job from the DPP's Chambers -- and insisted "this is something the Governor did wrong'' when he made Solicitor General William Pearce, who is from the AG's Chambers, Acting DPP.

Bermudians urged to apply for jobs in AG's And she said he had been "chopped off'' from his usual civil law role for more than a year while the process of appointing a DPP went on.

But John Barritt added that Government had also failed to draw up a code of conduct spelling out the separation of the AG and DPP -- or physically separating the two offices.

He said: "This is something which ought to have been put in place before any appointment has been made.'' Mr. Barritt added: "It has to be an arms' length relationship...this is to protect the person who holds the DPP's role. There ought to be objective guidelines which establish how these two should interact.

"The DPP should not be beholden to the AG, that only should not be, but not appear to be, which is why I want the Budget set out differently in the future.'' And he added the AG's opinion had been sought on pyramid schemes -- after the DPP's which should also not have happened.

And Mr. Barritt said he was sorry when Dame Lois said "mischief'' had delayed the appointment of the DPP -- a reference to the row over the handling of a minor assault case against businessman and former PLP Parliamentary candidate Rodney Smith. Mr. Barritt said excerpts published from a probe into the case had said "it had not been handled in the customary manner.

And he said that he had read that Dame Lois had said full publication would bring "shame'' on the department -- but added that he welcomed Dame Lois' support for the full report to be made public.

Mr. Barritt -- who also called for a full inquiry into the handling of the case against Justis Smith, who the Privy Council decided this week should not stand trial again for the murder of Canadian girl Rebecca Middleton after a judge kicked it out of court, and Kirk Mundy, serving five years for being an accessory after the fact -- said he hoped Dame Lois would support that too.

Mr. Barritt added that Bermuda needed "strength in prosecution as there is in the defence'' -- but said that public service law paid less than many earned in private practice, and that their salaries should be upped.

Finance Minister Eugene Cox said that the schedule showing public officers acknowledged that fact that Dame Lois was part of the Legislature -- and she produced her paycheque to prove it.

And ex-Magistrate Arthur Hodgson said that -- although the DPP's powers were separate -- "someone had to be responsible for the administration''. But he insisted: "The AG must not interfere with the DPP's decision whether or not to prosecute.''