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Still no decision on top judge

Premier Alex Scott discusses the appointment of the new Chief Justice. The key judicial appointment has caused a rift between the Government and Government House.

If Britain does not appoint a Bermudian Chief Justice it will show there is not a true partnership between London and Bermuda, Premier Alex Scott said yesterday.

Mr. Scott has strongly lobbied the Foreign and Commonwealth Office to overrule the recommendation of Governor Sir John Vereker that English Judge Richard Ground gets the post ahead of Puisne Judge Norma Wade Miller.

Mr. Scott said he was “very optimistic” Mrs. Wade Miller would be appointed and said there could be a decision reached yesterday - although there was no news by the end of the day.

Overseas Territories Minister Bill Rammell, who would normally make the decision, has passed it on to Foreign Secretary Jack Straw because Bermuda's protests against the Governor's choice of a non-Bermudian to replace Austin Ward as Chief Justice have been so forceful.

“It is going to be instructive, the response we get for the Chief Justice,” said Mr. Scott yesterday. “If we are truly partners, I would expect they would rule in favour of a local Chief Justice.

“If there is still a role of Mother Country and Colony, then he will give another decision and at that time, Bermuda will have a clear appreciation of how we are perceived in London. Obviously I am very optimistic the decision would be one we would be most pleased for.

“After 35 years of having Bermudian Chief Justices, my sense is that Bermudians would certainly be more comfortable with a jurist who came from the community, who knows the community, and has made very important judgments that have been accepted by the community.

“Anyone else may be an outstanding jurist and have all the qualifications, but they can't have the sensitivity to the bench. I am not speaking disparagingly about anyone else, but in support of the principle of a Bermudian Chief Justice.”

Mr. Scott has protested that the Governor has gone against convention when he set up a panel to look at the appointment of a new Chief Justice rather than just listening to the advice of the Premier and Opposition leader.

When asked what Government would do if Mr. Straw ignores Bermuda's advice, Mr. Scott said: “We will have to wait and see what we do beyond that.

“There is Cabinet to consult, caucus to consult to draw their opinion, the view of the party, we would like to have their view, and most important, how Bermuda feels about it.”