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Gov't to heed call for legal aid shake-up

And last night Government revealed it would be heeding his plea.Social Services Minister the Hon. Quinton Edness said a review recently launched would take on board Judge Tumim's points.

saying it failed the needy.

And last night Government revealed it would be heeding his plea.

Social Services Minister the Hon. Quinton Edness said a review recently launched would take on board Judge Tumim's points.

"We are reviewing all aspects of the system,'' he announced.

Judge Tumim, Chief Inspector of Prisons in England and Wales, said the scheme could not cope with the number of people hauled before the courts.

He urged Government to pump more funds into the system, saying it was crucial for Legal Aid fees to rise to woo more lawyers into it.

Judge Tumim also appealed for the system to cover Police station visits.

His call for a shake-up found instant favour yesterday with several local lawyers.

Said lawyer Mr. Timothy Marshall: "There are certainly not enough attorneys participating in the system as one would like in our society.'' Judge Tumim, who spent a month reviewing the criminal justice system last summer, is equally scathing about other parts of Bermuda's legal system.

He calls for a fundamental reform of road traffic legislation, recommending: Mandatory prison terms for traffic offender be ended.

Consecutive use of periods of disqualification from driving be abolished.

Judge Tumim also launches a thinly-veiled attack on the behaviour of some magistrates.

"There was some evidence to suggest that the standard of behaviour of some magistrates towards accused persons fell far below acceptable standards.

"Rules of evidence, it was said, in the Magistrates' courts disadvantaged the defence to an unacceptable degree.

"In the Supreme Court, proceedings relied upon the hand written records of the trial judge involved, which made preparation of an appeal very difficult.

"As with the Police, independent monitoring of court cases using tape recorders, videos or stenographers, was vital.'' Judge Tumim goes on to recommend the formation of a Family Court -- "with comprehensive jurisdiction in all matters dealing with the family''.

"The family is the basic unit of society and there is a need to provide help and assistance whenever family issues are in conflict with the law and the community.'' On the Legal Aid system Judge Tumim's language is notably strong.

"The Legal Aid system in Bermuda was far too weak for a society which routinely brought so many of its population into contact with the criminal justice system.

"It applied only to people actually charged with offences and did not cover Police station visits and advice unless a charge was made.

"Remuneration to lawyers, especially senior lawyers, was unattractive and therefore few participated in the scheme.

"It was essential that a proper defence to charges should be prepared, and that sufficient funds were available to ensure that defendants were properly represented.'' Judge Tumim states the annual report of the Legal Aid Committee for 1991 highlights "budgetary weaknesses'' funding the system.

"We do not believe that a satisfactory mechanism exists for reviewing and adjusting the funding of the scheme.''